Ky.gov
Effective: 10/19/2022

10.11 ICPC Regulation 1-Conversion of Intrastate to Placement into Interstate Placement

Legal Authority

Introduction

​​​​​​​​​​​​No child may cross state lines for placement without both the sending and receiving state giving approval.  However, the Interstate Compact for the Placement of Children (ICPC) has a Regulation 1 that sometimes may be referred to as an intact family move which allows the child to move out-of-state with their foster/adoptive family if the Department for Community Based Services (DCBS) worker determines that this is in the child’s best interest.  Regulation 1 of the ICPC covers these types of placements to ensure that an already safe and stable placement made by a sending agency will continue if the child is relocated to the receiving state with an already approved placement.  Supervision of the placement is to be uninterrupted for these families.  The family works toward approval in the state they are moving to while the state supervises the placement for Kentucky (KY).​

Practice Guidance

​KRS 615.030​ and the compact allows the receiving state of a requested interstate home study to request additional information from the sending state if it is needed to carry out the purpose and policy of this compact. 

If an ICPC case is transfered 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. 

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Procedure

The SSW:

  1. Identifies that an approved foster or adoptive family with a child committed to the Cabinet for Health and Family Services (Cabinet/CHFS) placed in their home must relocate to another state outside of Kentucky; ​1
  2. Consults with the FSOS and/or regional management to determine if the child’s best interest would be served by remaining with the current foster or adoptive family; 
  3. Ensures that the family is approved by the Cabinet before the family moves out-of-state; 2
  4. Requests a foster or adoptive interstate home study electronically through the child’s TWIST case,  within five (5) working days of the relocation of the family and child into the receiving state;
  5. Follows additional procedures in SOP 10.5 Request to Place a Kentucky Child in Another State for Foster Care or Adoption​;
  6. Adds the following to requirements outlined in SOP 10.5​:  
    1. ​A copy of the family’s approved CHFS foster or adoptive home study, a 
    2. ICPC-100B Interstate Compact Report on Child's Placement Status​ indicating the date the child moved into the receiving state; and 
    3. Copies of progress reports on the family unit from the past six (6) months.
  7. ​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 
  8. Documents decisions about interstate placements thoroughly in the child’s case record and on the case plan. 

The ICPC office electronically submits or if unavailable mails or e-mails the following:
  1. The ICPC-100A Interstate Compact on the Placement of Children Request form​ and packet to the receiving state’s ICPC office for processing within three (3) working days of receipt of the referral packet; 
  2. Copies of supervision reports to the requesting SSW and/or FSOS; and 3
  3. A copy of the approved or denied home study from the other state to the requesting SSW and/or FSOS.  

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Footnotes

  1. ​Moving a child out of state with their current placement may hinder reunification efforts.  This decision must be thoroughly assessed prior to moving forward with a Reg 1, Intact Family Relocation.
  2. Only foster or adoptive homes that are approved by the Cabinet qualify for a Reg 1, Intact Family Relocation.  If a foster or adoptive home is approved by a private child placing (PCP) agency, staff should work with the appropriate recruitment and certification (R&C) team to transfer the home to the Cabinet​ prior to the relocation.
  3. When a Reg 1 Intact Family Relocation packet is sent to any state, once accepted, that state will begin ongoing monthly supervision while simultaneously approving the family for foster care or adoption.

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Documents

Revisions