Ky.gov
Effective: 10/19/2022

10.6 Request from Another State to Place a Child with a Parent or Relative/Fictive Kin Caregiver in Kentucky

Legal Authority

Introduction

​​​​​​​​​​The Cabinet for Health and Family Services (Cabinet/CHFS) requires any out-of-state agency wishing to place a child in Kentucky to submit an Interstate Compact for the Placement of Children (ICPC) referral packet to the Kentucky ICPC office by electronic submission via TWIST, or if unavailable via mail or emailing to CHFS.Interstate@ky.gov.

In accordance with federal law, the ICPC referral process must be completed no later than sixty (60) calendar days after the initial request is received by the Kentucky ICPC office. To meet this time requirement, the Kentucky ICPC office requires that the local Department for Community Based Services (DCBS) office complete a home study or DPP-1277 Safety Check and Review within forty-five (45) calendar days of the date it receives the referral packet.

The Kentucky ICPC office will reject incomplete requests, which could result in placement delays or denials.


Practice Guidance

  • The request for a home study or safety check and review that has been previously completed and approved is shared in accordance with SOP 30.11 CPS Open Records Requests and Disclosure of Information​. 
  • Placement approval is valid for six (6) months from the date on the ICPC-100A. 
  • 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 (refer to Regulation 3). 
  • If a child is removed from a caretaker in Montgomery County in Tennessee, and an appropriate relative is located in Christian, Trigg, or Todd counties in Kentucky, the Tennessee/Kentucky Border Agreement may be utilized for expedited placement. Any questions regarding the border agreement should be directed to the deputy compact administrator, who can be reached CHFS.Interstate@ky.gov. 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 Ohio/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 CHFS.Interstate@ky.gov. 

Procedure

The Kentucky ICPC office:
  1. Reviews the request and referral packet within three (3) working days of receipt; 
  2. Electronically submits through TWIST a hard copy of the home study or safety check and review referral to the appropriate service region; and 
  3. Indicates the expected return date for their home study or safety check and review and placement recommendation.
The FSOS:
  1. Assigns the home study request or safety check and review to a SSW for completion.
The SSW:
  1. Completes the home study or safety check and review within twenty (20) working days of receipt of the request from the ICPC office when a priority placement (Regulation 7) is requested; 
  2. Completes the home study or safety check and review within forty-five (45) calendar days of receipt of the request from the ICPC office; 1 
  3. Follows the guidelines in SOP 4.5.4 Background Checks for Kinship Care Providers or Relative Caregivers and documents the results in the home study or safety check and review; 
  4. Completes the safety check and review request on an offending parent for the purpose of reunification in its​​ entirety;
  5. Sends a letter of non-compliance to the family and the ICPC office after two (2) failed attempts (first by phone, then by mail) to contact the proposed placement resource in order to complete the home study or safety check and review; 
  6. Denies the placement based on non-compliance with the home study or safety check and review process when the family cannot be contacted to complete all necessary steps; 
  7. Meets with the FSOS to establish the results of the home study or safety check and review (i.e. approval or denial); and
  8. Electronically submits through TWIST one (1) copy of the home study or safety check and review and background checks to the ICPC office (as requested on the ICPC Cover Letter), to include the child’s placement date, if the parent, relative, or fictive kin caregiver home is utilized.
The Kentucky ICPC office:
  1. Reviews the home study or safety check and review and ensures that it was completed thoroughly; 
  2. Electronically forwards via National Electronic Interstate Compact Enterprise (NEICE) the parent or relative/fictive kin caregiver home study or safety check and review and signed ICPC-100A to the requesting state for placement approval if all requirements have been met or via mail or email if TWIST is not available; and
  3. Electronically forwards via NEICE​ the parent, or fictive kin caregiver, relative home study or safety check and review and signed ICPC-100A​ to the requesting state for placement denial if all requirements have not been met or if the home is not appropriate for placement and closes the interstate case; or via email if  NEICE is not available.
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Footnotes

  1. Refer to SOP 4.5.5 Relative and Fictive Kin Placement Foster Care Payments​, which includes an assessment of the safety and suitability of the home for placement, criminal history, and background check results, the extent to which the proposed placement can meet the needs of the child, and a specific placement recommendation.

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Documents

Revisions