Ky.gov
Effective: 3/23/2023

10.5 Request to Place a Kentucky Child in Another State for Foster Care or Adoption

Legal Authority

Introduction

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Practice Guidance

  • If an Interstate Compact on the Placement of Children (ICPC) case transfers from foster care to adoption, a new ICPC referral will be required. 
  • As with all foster care cases, reasonable efforts for interstate placement cases must be made in accordance with KRS. 620.140, per KRS 610.127, unless reasonable efforts are not required. 
  • If a prospective family is an approved foster home in another state, information is needed prior to placement regarding the payment required for the private child-placing (PCP)’​s services and the services and supervision provided by the agency. The rate of payment should be discussed prior to placement to ensure that the rate can be agreed upon by the Department for Community Based Services (DCBS) and the PCP. The rate should align with DCBS' payment scale if possible. Once a rate is agreed upon between the parties an Out of State (OOS) Private Child Placing (PCP) Contracted Services form is completed. The form must be signed by the appropriate approval authority and submitted to the Out of Home Care (OOHC) Branch for review prior to placement. 
  • The deputy compact administrator will submit the Out of State (OOS) Private Child Placing (PCP) Contracted Services form along with the ICPC Foster Placement Cover Letter to the receiving state to confirm acceptance of the referral.
  • If the case has the potential to move toward adoption, discussion should take place regarding DCBS' subsidy rates and how the monthly subsidy payment may be less than the daily foster care per diem. 
  • ​ For state approved foster home placements, the SSW will only need to complete the IC​PC Financial and Medical Plan and the DPP 11A Foster Home Contract Supplement should be used as the contract agreement.  The rate should align with DCBS' payment scale. 
  • At any time during the process, a consult with central office may be requested. 1

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 to request a foster care or adoptive home study; 
  2. Includes in the brief overview section of the cover letter that: 
    1. ​The Cabinet for Health and Family Services (Cabinet/CHFS) is requesting a foster care or adoptive home study; and 
    2. ​The placement resource has been informed that they will be required to meet the licensing, certification, or approval process of the state where they reside to qualify for the foster care or adoptive home study and have agreed to comply. Follows procedures in SOPs 10.23 through SOP 10.32 to request an adoptive home study; 
  3. Treats any home study 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; unless, within fourteen (14) working days of receipt of the report, the worker 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; and 
  4. Documents decisions about interstate placements thoroughly in the child’s case record and on the case plan. 2​
The ICPC office electronically submits or if unavailable 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; 
  2. A copy of the approved or denied home study from the other state to the requesting FSOS.
Permanency planning and placement decisions involving post termination of parental rights (TPR) children placed out-of-state. ​
  1. ​After the TPR has occurred and the child is placed OOS with a family interested in adoption, the SSW places the child in a foster to adopt placement.3​​
    1. ​​​​​​​​​​​​Utilizing a foster to adopt placement allows for increased transition planning and a period of adjustment. This includes visits, arranging for medicaid coverage in the other state, ensuring the child has needed medications during the move, securing service providers in the other state, assisting the child to become comfortable in the home, and allowing the family time to ensure that they can meet the child’s needs.  
    2. When making a foster to adopt placement, the initial ICPC request should include a request for the home to be dually approved for foster care and adoption.
  2. ​Families approved by the state agency should receive a per diem equivalent to the DCBS’ rate of pay considering the home’s approval type, training record, etc.
  3. Families approved by a PCP agency who receive more than DCBS’ rate for a per diem should be advised of DCBS’ subsidy rates and how this may result in a lower payment once the child is placed in the home as an adoptive placement. 1
  4. For any child placed in the home as a direct adoptive placement when no foster care per diem is involved, the subsidy shall be negotiated based upon Kentucky’s subsidy rates.
  5. When a child is placed into the home directly as an adoptive placement, the effective date of the subsidy contract and date of placement should align.​4
  6. When an OOS family submits a child specific inquiry involving a child registered with Kentucky Adoption Profile Exchange (KAPE), the following shall be assessed:​
    1. ​​​​The home's approval type and the agency's ability to provide therapeutic services;
    2. The family's training record; and
    3. If the family is approved through a PCP, the agency's licensure approval.​
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Footnotes

  1. ​Any rate higher than the established DCBS rate requires Division of Protection and Permanency (DPP) director level approval. 
  2. Placement approval is valid for six (6) months from the date on the ICPC 10​0A.
  3. This may not be necessary for relatives/fictive kin who have an established relationship and/or may not be appropriate for an older youth whose age may be a consideration to finalize an adoption before they turn age eighteen (18).
  4. The child's SSW and the recruitment and certification (R&C) worker should communicate and coordinate the placement and payment subsidy.



Documents

Revisions

​3/23/23 Addition: 

  • Once a rate is agreed upon between the parties an  a D​PP-114 Private Child Caring and Child Placing Level of Care Schedule​ will be completed at the time of placement Out-of-State Private Child-Placing (PCP) Contracted Services form is completed.  The form must be signed by the appropriate approval authority and submitted to the Out of Home Care (OOHC)​ Branch for review prior to placement. 
  • The Deputy Compact Administrator will submit the OOS PCP Contracted Services form along with the ICPC foster placement cover letter to the receiving state to confirm acceptance of the referral.
  • ​For state approved foster home placements the SSW will only need to complete the IC​PC Financial and Medical Plan and the DPP 11A Foster Home Contract Supplement should be used for the contract agreement.  The rate should align with DCBS' payment scale. ​