North Carolina Information | ICPC State Pages 1 of 3 http://icpcstatepages.org/northcarolina/info/ Office Hours: Monday-Friday, 8:00 a.m. to 5:00 p.m. Eastern. · Phone: August 2013 Effective Date for All Information (919) 527-6390. · Fax: Contact ICPC Administrative Assistant to Verify Mailing Address and Faxing. North Carolina Consultants/Specialists Compact Administrators Compact Administrator Deputy Compact Administrator Kevin Kelley Carla McNeill 820 S. Boylan Avenue 820 S. Boylan Avenue McBryde Building East McBryde Building East Mail Service Center 2409 Mail Service Center 2409 Raleigh, NC 27603-2409 Raleigh, NC 27603-2409 (919) 527-6391 [email protected] (919) 527-6391 Consultants ICPC Specialist Administrative Assistant Charlene Timmons Luvenia Roberts [email protected] [email protected] (919) 527-6395 (919) 527-6390 ICPC Specialist Administrative Assistant Lakecia Knight Chloe Smith [email protected] [email protected] (919) 527-6397 (919) 527-6390 Sherita Wright [email protected] (919) 527-6394 ICPC Specialist Debra McHenry International Adoptions No information provided [email protected] (919) 527-6396 Rebekah Nelson [email protected] (919) 527-6398 Mailing Address Regular Mailing Address Federal Express Address 6/11/2014 4:31 PM North Carolina Information | ICPC State Pages 2 of 3 http://icpcstatepages.org/northcarolina/info/ North Carolina ICPC Unit North Carolina ICPC Unit 820 S. Boylan Avenue 820 S. Boylan Avenue McBryde Building East 1st Floor McBryde Building East 1st Floor Mail Service Center 2409 Raleigh, NC 27603 Raleigh, NC 27603-2409 (Courier direction: Smithwick & Richardson Ave) Useful Telephone Numbers Child Abuse Hotline No information provided Juvenile Compact Office (ICJ) Traci P. Marchand (919) 743-8126 [email protected] Mental Health Compact Office No information provided Adoption and Medical Assistance Compact Office (ICAMA) Amelia Lance 820 S. Boylan Avenue McBryde Building East Mail Service Center 2408 Raleigh, NC 27603-2408 (919) 527-6346 ICAMA only [email protected] International Adoptions No information provided Useful Websites Interstate Compact on the Placement of Children (ICPC) Interstate Compact on Adoption and Medical Assistance (ICAMA) Interstate Compact for Juveniles (ICJ) Statutory Codes State ICPC Code: 7B-3800 Age of Majority and Code: 18 years 7B-3800 Statutory Penalties Under ICPC: 7B-3800 Co-Located Compacts - ICPC, ICAMA, ICJ ICPC/ ICJ ICPC and ICJ are co-located in the same unit: (If "No" - Agency under which each compact is administered.) NO - ICJ is administered under the Department of Juvenile Justice and ICPC is administered under Health and Human Services If ICPC and ICJ both apply to a case, North Carolina will coordinate services: (If "No" - Which Compact Supersedes) YES 6/11/2014 4:31 PM Interstate Compact on the Placement of Children I. What is the Interstate Compact on the Placement of Children? The Interstate Compact on the Placement of Children (ICPC) facilitates cooperation among the 50 party states, the District of Columbia, and the U.S. Virgin Islands via a legally binding agreement aimed at protecting children who are placed across state lines. The ICPC is designed to obtain information before placing a child in another state and to ensure the two states (receiving and sending) work together to place the child in a safe environment with monitoring following the child’s placement. Placements that are covered by the ICPC cannot occur unless prerequisites set out in the ICPC have been met. The Compact is not a federal law. Rather, each member state has enacted the Compact and related provisions as state law. In North Carolina the ICPC is found in Article 38 of the Juvenile Code1 (G.S. 7B-3800 through 7B-3806). Each member state has a designated Compact Administrator to generally coordinate activities under the ICPC and to be a member of The Association of Administrators of the Interstate Compact on the Placement of Children. The AAICPC is authorized to “promulgate rules and regulations to carry out more effectively the terms and provisions of this Compact.” G.S. 7B3800, Art. VII. Information about The AAICPC can be found on its web page, http://www.aphsa.org/content/AAICPC/en/home.html.. The ICPC Regulations2 promulgated by the AAICPC provide substantially more detail than the Compact itself. Some of the regulations include: No. 2 (effective Oct. 1, 2011): home study and placement decisions for children who are under the jurisdiction of a court for abuse, neglect, or dependency and a child welfare agency is looking at out-of-state placement for adoption, foster care and/or with parents, or relatives. Exception: parent from whom the child was not removed, and the court has no evidence that the parent is unfit. No. 3 (effective Oct. 1, 2011): ICPC applicability, exemptions, and definitions. No. 4 (effective Oct. 1, 2012): placement in a residential facility (a facility providing 24 hour supervised care beyond what is needed for assessment or treatment of an acute condition, but does not include primarily educational institutions or medical facilities that treat the acutely ill. No. 7 (effective Oct. 1, 2011): expedited placement decision with an out-of-state parent, stepparent, grandparent, adult uncle or aunt, adult brother or sister, or guardian. No. 11 (effective Oct. 1, 2010): Responsibility of the supervising (receiving) state 1 2 http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_7B/Article_38.html. http://www.aphsa.org/content/AAICPC/en/ICPCRegulations.html. II. When does the ICPC apply? A. The ICPC Statute applies to: 1. Placement of a child who is in DSS custody (or placement responsibility) with relatives, in foster care, or with a pre-adoptive family in another state. 2. Placement of a child by any person or entity into another state for the purpose of adoption. 3. Placement of a child by any person or entity into a licensed residential treatment center in another state. B. The ICPC Statute does not apply to: 1. Placement of a child by the child’s parent, step-parent, grandparent, adult sibling, adult uncle, adult aunt, or legal guardian with any such relative or guardian in another state. (See G.S. 7B-3800, Article VIII) 2. Placement of a child in residential school or in a medical facility or psychiatric institution located in another state [See G.S. 7B-3800, Article II(d)] . 3. Divorce, paternity, custody and probate actions where the child is being placed with parents, relatives, or non-relatives. 4. Placement of a (non-delinquent) child who is under the court’s jurisdiction with an out-of-state parent, if all of the following conditions exist: the court does not have evidence that the parent is unfit to care for the child; the court does not seek evidence with regard to the parent’s fitness; when the placement is made, no request to place the child with the parent has been submitted to the other state’s ICPC office; the ICPC office in the state where the parent lives has not previously denied a request to place the child with the parent; and the court terminates its jurisdiction over the child when the child is placed with the parent. C. The ICPC Regulation No. applies the ICPC to: 1. Placement by the court or DSS of a (non-delinquent) child who is under the court’s jurisdiction, with an out-of-state parent, if the court or DSS has evidence that the parent may be unfit to care for the child, if the court seeks evidence from the receiving state that the parent is unfit, and the court will not relinquish jurisdiction over the child immediately upon placement with the out-of-state parent 2 III. Is the law settled with respect to placements with out-of -state parents? NO A. NC Case Decision In 2004 the North Carolina Court of Appeals held that the provisions of the ICPC did not apply at a permanency planning hearing when the court awarded custody to an out-ofstate mother. In re Rholetter, 162 N.C. App. 653 (2004). In that case the children had been removed from the custody of the father and stepmother in North Carolina, based on adjudications of abuse and neglect, and placed in DSS custody. The court eventually gave custody to the mother who lived in South Carolina, even though two home studies by SC declined to approve the placement. The court of appeals held that the award of full custody to a non-removal parent was not a “placement” under the ICPC. The court found that the language of the ICPC was "clear and unambiguous" and that because the trial court had not placed the children "in foster care or as a preliminary [placement] to adoption," the ICPC did not apply. Rholetter, 162 N.C. App at 664. The court further found that the trial court determines what is in the best interests of the child based upon sufficient evidence presented to it at trial, and is therefore, not obligated to follow the home study recommendations, just as it does not always follow a DSS recommendation. B. What about the ICPC Regulations as amended? The court of appeals did not mention the ICPC Regulations in Rholetter; instead it relied on the plain wording of the ICPC itself. However, in 2011 and 2012, the AAICPC substantially rewrote some of the ICPC regulations, including Regulation 3, which covers definitions, placement categories, applicability, and exemptions. Under Regulation 3, placement categories that require compliance with the ICPC include: 1. Placements preliminary to adoption (whether the adoption is independent, private, or public) 2. Placements with related or unrelated caregivers, in licensed or approved foster homes 3. Placements with parents and relatives when a parent or relative is not making the placement 4. Placements in group homes and other residential placements in institutions in other states (as defined in Article VI and Regulation No. 4) Below are some of the definitions from Regulation 3 that demonstrate the breadth of its intended scope: Family free (a term used in the ICPC to describe a covered placement category): "the home of a relative or unrelated individual whether or not the placement recipient receives compensation for care or maintenance of the child, foster care payments, or any other payments or reimbursements on account of the child's being in the home of the placement recipient (has same meaning as boarding home)." 3 Foster care: "If 24-hour-a-day care is provided by the child's parent(s) by reason of a court-ordered placement (and not by virtue of the parent-child relationship), the care is foster care." The term also "includes 24-hour substitute care for children placed away from their parents or guardians and for whom the state agency has placement and care responsibility. This includes, but is not limited to, placements in foster family homes, foster homes of relatives, group homes, emergency shelters, residential facilities, child care institutions and pre-adoptive homes. A child is in foster care in accordance with this definition regardless of whether the foster care facility is licensed and payments are made by the state or local agency for the care of the child, whether adoption subsidy payments are being made prior to the finalization of an adoption, or whether there is federal matching of any payments that are made." Placement: "the arrangement for the care of a child in a family free, in a boarding home or in a child-caring agency or institution, but does not include any institution caring for the mentally ill, mentally defective or epileptic, or any institution primarily educational in character, and any hospital or other medical facility." Under both Regulation 2 and Regulation 3, placement with a parent is exempt from the ICPC requirements only if all of the following are true: 1. The parent is not the parent from whom the child was removed. 2. The court has no evidence that the parent is unfit. 3. The court does not seek any evidence from the receiving state regarding the parent's fitness. 4. The court relinquishes jurisdiction over the child immediately upon placement with the parent. This language is broader than the language of the statute. No North Carolina cases address the effect in North Carolina of the amended ICPC Regulations as related to parents. If the regulation applies, the holding in Rholetter would be contrary to the language of the regulation. The Connecticut Supreme Court addressed the question of whether the ICPC and its current regulations applied to the placement of children with an out-of-state noncustodial parent. In re Emoni W., 305 Conn. 723, 48 A.3d 1 (2012). Applying the same reasoning as the North Carolina Court of Appeals in Rholetter, the Connecticut Supreme Court concluded that the ICPC’s language, “placement in foster care or as a preliminary to a possible adoption,” does not include placement with a noncustodial parent. The court went on to say that “it is reasonable to conclude that the drafters determined that the statute should not be applied to out-of-state parents in light of the constitutionally based presumptions that parents generally are fit and that their decisions are in the child's best interests.” In re Emoni W., 305 Conn. at 736, 48 A.3d at 8. The court went on to state in a footnote that even if the ICPC regulations have the force of law, they are invalid to the extent they impermissibly expand the scope of the compact itself. Similarly, but without reference to the regulations, a California Court of Appeals held that "[c]ompliance with the ICPC is not required for placement with an out-of-state parent." In re Patrick S. III, 218 Cal.App.4th 1254, 160 Cal.Rptr.3d 832, Cal.App. 4 Dist. (August 15, 2013). 4 In contrast, the Arizona Court of Appeals reached the opposite conclusion in Arizona Dept. of Economic Sec. v. Standard, 323 P.3d 760 (Ariz. App. Div. 2) (May 5, 2014), finding that the court was a “sending agency” and, therefore, the ICPC regulations applied to placements with relatives and parents if none of the enumerated exceptions applied. Courtesy Check The regulations do allow a state to request a “courtesy check” of a non-removal parent’s home by the receiving state, without invoking the full ICPC home study process. Whether to conduct a courtesy check is totally in the discretion of the receiving state. When placement with a non-removal parent is made without ICPC compliance or with only a courtesy check, the receiving state has no responsibility for supervising or monitoring the placement. IV. How Does the Law Apply to Relatives? The NC Juvenile Code specifically requires compliance with the ICPC whenever a child is placed "with a relative outside of this State": in an initial order for nonsecure custody [G.S. 7B-505(d)], in an order for continued nonsecure custody [G.S. 7B-506(h)(2)], or in a disposition order [G.S. 7B-903(a)(2)c.] For Disposition Orders, see In re V.A., ___ N.C. App. ___, 727 S.E.2d 901 (2012). The court of appeals held that the trial court’s placement of the child with a relative, the maternal great grandmother, in South Carolina, required compliance with the ICPC because the permanent plan was a concurrent one of reunification and adoption, thereby, triggering ICPC as a placement preliminary to a possible adoption or foster care. The SC authorities did not approve of the child’s placement with the maternal great grandmother, which the court trial made as a finding of fact. Yet, the trial court ordered placement of the child with the maternal great grandmother in SC. This violated the ICPC, and the court of appeals reversed the dispositional order placing the child with an out-of-state relative. See also, In re L.L., 172 N.C. App. 689 (2005) which holds that that the ICPC applies to out-of-state placements in nonsecure custody and disposition orders, as G.S. 7B-505, 506, and -903 specifically refer to the compliance with the ICPC. The court of appeals further held that the statutory preference for relative placement under nonsecure and disposition orders and compliance with the ICPC are not mutually exclusive. Each statute must be construed so as to give effect to each, so that even though an ICPC takes time and may not be completed until a review hearing, the court must consider relative placement upon completion of the ICPC unless it finds the placement is not in the child’s best interests. 5 Relying on Rholetter, the court of appeals later held that the ICPC did not apply to a permanency planning order that awarded guardianship pursuant to G.S. 7B-600 to grandparents in Virginia. The court reasoned that the permanency planning order of guardianship was not a “placement” triggering the ICPC because it was neither foster care nor a preliminary [placement] to an adoption. In re J.E., 182 N.C. App. 612 (2007). The majority distinguished In re L.L., 172 N.C. App. 689 (2005), which had held that the ICPC applied to out-of-state relative placements under G.S. 7B-505 (nonsecure custody) and 7B-903 (disposition), noting that those statutes specifically require ICPC compliance, while neither the guardianship nor permanency planning statute mentions the ICPC. The same question about the applicability of regulation 3 in North Carolina applies to placement with out-of-state relatives pursuant to post-disposition as with out-of-state parents. V. Can a child visit out of state without ICPC compliance? Regulation 9 states that visits and placements are different by virtue of purpose, duration, and the intention of the person or agency responsible for determining the child's place of abode. Under the ICPC, a visit is a temporary stay to provide a child with a social or cultural experience of short duration. It may last no longer than 30 days or, for a school-aged child, the period of a school vacation. The ICPC does not apply to visits, and a receiving state does not conduct home studies for or supervise visits. If the sending state has requested a home study or supervision and sends the child to stay with the proposed caregiver in the receiving state, there is a rebuttable presumption that it is a placement and not a visit. VI. The federal law that references ICPC Safe and Timely Interstate Placement of Foster Child Act of 2006, P.L. 109-239 (July 3, 2006), effective October 1, 2006 Purpose: “to improve protections for children and to hold States accountable for the safe and timely placement of children across State lines…” Amendments include the addition of the following subsections: 42 U.S.C. 671(a)(25) “provide that the State shall have in effect procedures for the orderly and timely interstate placement of children; and procedures implemented in accordance with an interstate compact….” 42 U.S.C. 671(a)(26) (A)(i) “within 60 days after the State receives from another State a request to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, the State shall, directly or by contract 6 (I) (II) conduct and complete the study, and return to the other State a report on the results of the study, which shall address the extent to which the placement in the home would meet the needs of the child…. (B) the State shall treat any report … that is received from another State or an Indian tribe (or from a private agency under contract with another State) as meeting any requirements imposed by the State for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the State determines, based on grounds that are 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 (C) the State shall not impose any restriction on the ability of a State agency administering, or supervising the administration of, a State program operated under State plan... to contract with a private agency for the conduct of a home study….” 7 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN CHECKLIST FOR INTERSTATE PLACEMENT REQUESTS: A How To Guide On Completing An ICPC Referral The Information Listed Below Applies to Public Agency Placements (Except Psychiatric Residential Treatment Facility Placements) A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. Cover letter requesting ICPC services ICPC 100A completed and signed by agency staff ICPC 100B completed and signed by agency staff if family unit has already moved Current custody order Current case history for the child Case medical/financial plan on each child along with documentation of IV-E eligibility and/or adoption assistance eligibility Service/Case/Permanency Plan Copy of Birth Certificate and Social Security Card Psychological evaluation Educational information Medical Information Case manager Statement of Interest as required for Regulations 2 & 7 ICPC 101 Priority Home Study Request completed for all Expedited Requests Expedited court order for Regulation 7 (expedited) cases (remember expedited requests should be in the NC ICPC within 3 days) If an adoptive placement, include legal clearance documents & adoption profile. If an adoptive placement, include pre-placement assessment, if available If an adoptive placement, include background information on birth family Additional guidance: Items A-L should always be included in the placement request in triplicate copies per placement resource. The only exception is the 100A, which requires 5 copies per child. Items M-Q are conditional and are based on the type of placement requested. When these items are included in the request, please include triplicate copies per placement resource. Remember 5 copies per child of the 100A. ICPC 101 will always be the top page in all Expedited Requests. Arrange packages with the cover letter and other common documents to all children on top; put the child specific information underneath. For additional assistance in preparing a request for ICPC, please contact the North Carolina Division of Social Services’ ICPC office at 919-527-6390. DSS-5255 (Rev. 03/2014) Child Welfare Services Page 1 of 1 ICPC 100A REV. 8/2001 Please type INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN REQUEST FROM: N.C. Division of Social Services st 820 S. Boylan Ave., 1 Floor, McBryde Building East Raleigh, North Carolina 27603-2246 TO: Notice is given of intent to place - Name of Child: Social Security Number Title IV-E determination Yes No Yes No Unable to determine/unknown Native Hawaiian/ Other Pacific Islander Race: American Indian or Alaskan Native Asian ICWA Eligible Yes No Date of Birth Sex: SECTION I - IDENTIFYING DATA Ethnicity: Hispanic Origin: Black or African American White Pending Name of Mother Name of Father: Phone: Name of Agency or Person Responsible for Planning for Child: Address: Name of Agency or Person Financially Responsible for Child: Phone: Address: SECTION II - PLACEMENT INFORMATION Name of Person(s) or Facility Child is to be placed with: Address: Type of Care Requested: Foster Family Home Group Home Care Child Caring Institution Residential Treatment Center Institutional Care-Article VI, Adjudicated Delinquent Current Legal Status of Child: Sending Agency Custody/Guardianship Parent Relative Custody/Guardianship Court Jurisdiction Only ADOPTION IV-E Subsidy Non IV-E Subsidy To Be Finalized In: Sending State Receiving State Parent Relative (Not Parent) Relationship: Other Protective Supervision Parental Rights Terminated-Right to Place for Adoption Unaccompanied Refugee Minor Other SECTION III - SERVICES REQUESTED Initial Report Requested (if applicable): Supervisory Services Requested: Parent Home Study Request Receiving State to Arrange Supervision Relative Home Study Another Agency Agreed to Supervise Adoptive Home Study Sending Agency to Supervise Foster Home Study Name and Address of Supervising Agency in Receiving State: Enclosed: Soc Sec # (optional): Soc Sec # (optional): Phone: Child's Social History Home Study of Placement Resource Court Order ICWA Enclosure Supervisory Reports Requested: Quarterly Semi-Annually Upon Request Other Financial/Medical Plan IV-E Eligibility Documentation Signature of Sending Agency or Person: Date: Signature of Sending State Compact Administrator, Deputy or Alternate: Date: Other Enclosures SECTION IV - ACTION BY RECEIVING STATE PURSUANT TO ARTICLE III(d) of ICPC Placement may be made Placement shall not be made REMARKS: Signature of Receiving State Compact Administrator, Deputy or Alternate: Date: DISTRIBUTION (Complete six (6) copies): • Sending Agency retains a (1) copy and forwards completed original plus four (4) copies to: • Sending Compact Administrator, DCA, or alternate retains a (1) copy and forwards completed original and three (3) copies to: • Receiving Agency Compact Administrator, DCA, or alternate who indicates action (Section IV) and forwards a (1) copy to receiving agency and the completed original and one (1) copy to sending Compact Administrator, DCA, or alternate within 30 days. • Sending Compact Administrator. DCA, or alternate retains a completed copy and forwards the completed original to the sending agency. DSS-1837 (Rev. 03/2014) Child Welfare Services Page 1 of 1 (ICPC 100A) F One form per child Please type ICPC 100B REV. 8/2001 INTERSTATE COMPACT REPORT ON CHILD'S PLACEMENT STATUS FROM: TO: N.C. Division of Social Services st 820 S. Boylan Ave., 1 Floor, McBryde Building East Raleigh, North Carolina 27603-2246 SECTION I - IDENTIFYING INFORMATION Child's Name: Birthdate: Father's Name: Mother's Name: Initial Placement of Child in Name of Resource: Address: Type of Care: Placement Change SECTION II - PLACEMENT STATUS Receiving State Date Child Placed in Receiving State: Effective Date of Change: Name of Resource: Address: Type of Care: SECTION III - COMPACT PLACEMENT TERMINATION In Receiving Court Order Attached In Sending Adoption Finalized Child Reached Majority/Legally Emancipated Legal Custody Returned to Parent(s) Court Order Attached Legal Custody Given to Relative Court Order Attached Relationship: Name: Treatment Completed Sending State's Jurisdiction Terminated with the Concurrence of the Receiving State Unilateral Termination Child Returned to Sending State Child Has Moved to Another State Proposed Placement Request Withdrawn Name of Placement Resource: Approved Resource Will Not Be Used for Name of Approved Placement Other (Specify): Date of Termination: SECTION IV - SIGNATURES Person/Agency Supplying Information: Date: Compact Administrator, Deputy or Alternate: Date: DISTRIBUTION (Complete four (4) copies of this form): Sending Agency retains a (1) copy and forwards completed original plus three (3) copies to: Sending Compact Administrator, DCA, or alternate retains one (1) copy and forwards two (2) copies to: Receiving Agency Compact Administrator, DCA, or alternate retains one (1) copy and forwards one - 1) copy to the receiving agency DSS-1838 (Rev. 03/2014) Child Welfare Services (ICPC 100B) Page 1 of 1 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN SENDING STATE PRIORITY HOME STUDY REQUEST Form ICPC 101 (Regulation .01) To be submitted by Social Worker with other required ICPC materials Name of Child 1 to be placed: ____________________________ Age: ________ Mother’s Name: ___________________ Ethnic Group: _________________________________________ DOB: _______ Father’s Name: ___________________ PROPOSED CARETAKER Name: ________________________________ Marital Status: S, M, Sep., D, W Living with: ____________________ (circle one) (name of person) Address: ___________________________________________________________________________________________ Telephone Number: (Home) _(___)_____________ (Work) _(___)___________ Social Security Number: _____________ Relationship to child identified above: ___________________________________________________________________ Best time to contact caretaker: ______ Employer: __________________________________________________________ (if applicable) Alternate Contact Name & Address: _____________________________________________________________________ ___________________________________________________________________________________________________ ASSESSMENT OF CHILD Case Plan attached: YES NO Financial/Medical Plan attached: YES (circle one) NO (circle one) Special Needs: ______________________________________________________________________________________ Handicaps: Mental/Physical ___________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Services Needs/Treatment Requirements: _________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ School Information: __________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Other required pertinent information regarding child and family will follow: YES NO (circle one) Worker’s Name: _______________________________________________________ (____)________________________ (please print) (telephone number) Worker’s Signature: __________________________________________ _________ (____)________________________ (date) (fax number) Supervisor’s Signature: _______________________________________ _________ (____)________________________ (if required) 1 (date) (telephone number) If there is more than one child to be placed with the proposed caretaker, list the name of the child(ren) and all requested information on a separate page and attach to this form. DSS-5252 Family Support and Child Welfare Services INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Form ICPC 102 (Regulation .02) RECEIVING STATE PRIORITY HOME STUDY REQUEST EACH SECTION MUST BE COMPLETED Name of Child 1 to be placed: ____________________________ Age: ________ Sending State: ___________________ Ethnic Group: ________________________________________ DOB: _______________________________________ Dates of telephone contacts: ___________________________ Dates of Home Visits: ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ PROPOSED CARETAKER/SPOUSE Name: _______________________________________________ Social Security Number: _______________________ Address: _________________________________________________________________________________________ Telephone Number: (Home) _(_____)___________________ Marital Status: S M Sep. D W (Work) _(_____)_________________________ Living with: ___________________________________________________ (circle one) (name of person) Caretaker/Spouse: _________________________________________________________________________________ Employer’s Name & Address: _______________________________________________________________________ Employer’s Telephone Number: (_____)_______________________________________________________________ YOU MUST SUBMIT INCOME VERIFICATION Income: $ _____________ yearly monthly bi-weekly weekly (circle one) Head of Household: ________________________________________________ (Name on rent receipts, utility bills, etc.) Number of Members in Household: ____________________________________________________________________ Relationship to proposed caretaker: ____________________________________________________________________ Length of relationship (if not marital): __________________________________________________________________ Relationship of proposed caretaker to child: ______________________________________________________________ Reason for wanting to care for children: _________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ How did you hear about child’s situation? ________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Do you understand the situation that caused this request? ____________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ 1 If there is more than one child to be placed with the proposed caretaker, list the name of the child(ren) and all requested information on a separate page and attach to this form. DSS-5253 Family Support and Child Welfare Services Page 1 of 6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Form ICPC 102 (Regulation .02) Ability to protect child from offender: ___________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ Willingness to provide care (time limited?) (open-ended?) __________________________________________________ __________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Appropriateness of child care plans: _____________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Forms of discipline: _________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ Is present income adequate? __________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ Willingness (ability) to care for child without financial help: _________________________________________________ __________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ Willingness to accept/apply for TANF? YES _____ NO _____ Requests Foster Care benefits? YES _____ NO _____ Willingness to undergo licensure? YES _____ NO _____ SPECIAL NEEDS Ability of caretaker, community, schools to meet child(ren)’s special needs: _____________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ OTHER ADULTS IN HOUSEHOLD (list separately/use additional sheet to list household members if needed) Name: __________________________________________________________________________________ Age: ______ Relationship to proposed caretaker: _________________ Relationship to child to be placed: ____________________ Attitude towards placement: ___________________________________________________________________________ ___________________________________________________________________________________________________ DSS-5253 Family Support and Child Welfare Services Page 2 of 6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Form ICPC 102 (Regulation .02) Name: __________________________________________________________________________________ Age: ______ Relationship to proposed caretaker: _________________ Relationship to child to be placed: ____________________ Attitude towards placement: ___________________________________________________________________________ ___________________________________________________________________________________________________ OTHER CHILDREN IN HOUSEHOLD (list separately/use additional sheet to list household members if needed) Name: __________________________________________________________________________________ Age: ______ Relationship to proposed caretaker: _________________ Relationship to child to be placed: ____________________ Attitude towards placement: ___________________________________________________________________________ ___________________________________________________________________________________________________ School progress/problems: ____________________________________________________________________________ ___________________________________________________________________________________________________ Previous contacts with public/social services agencies: ______________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Name: __________________________________________________________________________________ Age: ______ Relationship to proposed caretaker: _________________ Relationship to child to be placed: ____________________ Attitude towards placement: ___________________________________________________________________________ ___________________________________________________________________________________________________ School progress/problems: ____________________________________________________________________________ ___________________________________________________________________________________________________ Previous contacts with public/social services agencies: ______________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ CLEARANCES (in accordance with receiving state law) Law enforcement/child abuse and neglect clearances for all household members who have reached the age of majority: Police: ____________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Child Abuse and Neglect: _____________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Family known to public/social services agencies (if yes, please explain): ________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ DSS-5253 Family Support and Child Welfare Services Page 3 of 6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Form ICPC 102 (Regulation .02) HEALTH Proposed caretaker and other family members state that they are in basic, good health and free of communicable diseases: YES _____ NO _____ (if no, please explain) _________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ HOME AND COMUNITY Adequacy of space: __________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ Will the child have his/her own bed: YES ___ Will the child share a bedroom? YES ___ NO ___ NO ___ Closet space? YES ____ NO ____ (if yes, list name(s) below) With whom? _______________________________________________________________________________________ ___________________________________________________________________________________________________ Housekeeping standards: ______________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Viewed potential hazards, safety problems (please specify): __________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Appropriateness of neighborhood: ______________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Proximity to schools, medical services, etc.: _______________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ AREA OF CONCERN Did you visualize or anticipate any potential problem areas with this case (explain): _______________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ DSS-5253 Family Support and Child Welfare Services Page 4 of 6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Form ICPC 102 (Regulation .02) CASE PLAN FROM SENDING STATE Is the submitted case plan suitable/adequate for this proposed placement? YES ___ NO ___ (if no, explain) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Do you have any recommended changes in the case plan or goal? ______________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Are there any restrictions or limitations you would place on the proposed family, the court, the placing agency? ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Financial/Medical Plan from Sending State is adequate for this child? YES ___ NO ___ (if no, explain) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ STUDY NARRATIVE Discuss any areas that cannot be addressed by this abbreviated study. Please explain or expound upon any area that needs clarification: ______________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Worker’s Recommendations: For Placement ______ Against Placement _______ (explain below) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Comments (if appropriate): ____________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ Please list conditions, if any, for placement to occur: _______________________________________________________ ___________________________________________________________________________________________________ __________________________________________________________________________________________________ DSS-5253 Family Support and Child Welfare Services Page 5 of 6 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Form ICPC 102 (Regulation .02) Agency: __________________________________________________________________________________________ Mailing Address: ___________________________________________________________________________________ City: ___________________________________________________ State: ________ Zip Code: _________________ Name of Worker: _______________________________ Name of Supervisor: ______________________________ (please print) (please print) Title: _________________________________________ Title: ___________________________________________ Worker’s Signature: _____________________________ Supervisor’s Signature: _____________________________ Date: _________________________________________ Date: ___________________________________________ Telephone Number: (____)________________________ Telephone Number: (_____)_________________________ REFERENCES Name: _____________________________________________________________________________________________ Street Address: ______________________________________________________________________________________ City: _________________________________________ State, Zip Code: ___________________________________ Home Telephone Number: (_____)__________________ Work Telephone Number: (_____)____________________ Made Contact: YES ___ Positive ___ Negative ___ NO ___ (if negative, explain below) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Name: _____________________________________________________________________________________________ Street Address: ______________________________________________________________________________________ City: _________________________________________ State, Zip Code: ___________________________________ Home Telephone Number: (_____)__________________ Work Telephone Number: (_____)____________________ Made Contact: YES ___ Positive ___ Negative ___ NO ___ (if negative, explain below) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Name: _____________________________________________________________________________________________ Street Address: ______________________________________________________________________________________ City: _________________________________________ State, Zip Code: ___________________________________ Home Telephone Number: (_____)__________________ Work Telephone Number: (_____)____________________ Made Contact: YES ___ Positive ___ Negative ___ NO ___ (if negative, explain below) ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ DSS-5253 Family Support and Child Welfare Services Page 6 of 6 NC Interstate Compact Order of Compliance IN THE ____________ COURT OF THE STATE OF ____________ IN RE: CHILD’S NAME DOB REGULATION 7 FORM ORDER FOR EXPEDITED PLACEMENT DECISION PURSUANT TO THE ICPC THIS CAUSE came on to be heard on __________ before the court on the motion/petition of ___________ (party making request) seeking the entry of this order for compliance with Regulation 7 of the Interstate Compact on the Placement of Children (ICPC); and the court, hearing evidence and/or the parties being in agreement, does find as follows: A. The name and date of birth of each child noted below on this date is as follows: _______________________________________________ (Name of child, date of birth) _______________________________________________ (Name of child, date of birth) _______________________________________________ (Name of child, date of birth) B. This court has jurisdiction over each child noted pursuant to Articles II, III and V(a) of the ICPC to invoke the Compact for the purpose of requesting one or more home study assessments and expedited placement decisions on potential resource families living in one or more receiving states. C. Pursuant to Article III(d) of the Compact, this court may only place, or authorize the department/agency to place, each child above in an approved placement in a receiving state, including a provisional placement as authorized by Regulation 7 of the ICPC, after receipt of written notification from the receiving state that the proposed placement does not appear to be contrary to the interests of the child. D. If any child above is placed pursuant to paragraph C above, this court will retain Article V(a) jurisdiction over that child sufficient to determine all matters in relation to the custody, supervision, care and disposition of him/her, which it would have if the child had remained in this state; and this court will not terminate jurisdiction over said child or terminate the supervisory responsibility of the department/agency having custody of the child during the period of placement in the receiving state until the child is adopted, reaches the age of majority, becomes self-supporting, or is discharged with concurrence of the appropriate authority in the receiving state. E. This court expressly finds that its jurisdiction over said child includes the power to effect or cause the return of the child to this state or its transfer to another location or custodian pursuant to law within five (5) business days of receipt of written notification from the receiving state Compact Administrator that placement authorization will not be approved or that previous placement approval has been withdrawn by the receiving state, and that the sending state has and will continue to have financial responsibility for support and maintenance of the child during the period of placement in the receiving state. Further, this court order provides sufficient authority and direction for the sending agency to immediately return said child(ren) within five (5) working days of receipt of written notification from the receiving state Compact Administrator that placement authorization DSS-1839 (Rev. 2/2012) Child Welfare Services ICPC Order of Compliance Page 1 of 4 NC Interstate Compact Order of Compliance will not be approved, or that previous placement approval has been withdrawn by the receiving state for reasons determined by the receiving state. F. If any child noted above is sent, or allowed to go, to a provisional placement in a receiving state, this court finds that any such placement must be in compliance with Regulation 7 of the ICPC of which this court takes judicial notice, including its purpose in defining and regulating a provisional placement under the Compact. AND THE COURT having heard testimony and argument of counsel and any unrepresented parties and reviewed documents as permitted by law and Regulation 7 of the ICPC, the undersigned makes the following findings of fact by ( ) clear and convincing evidence ( ) a preponderance of the evidence that paragraphs 5, 6, and 7 of Regulation 7 of the ICPC apply regarding each child noted above: G. __________________________ (relative’s name) is the proposed placement resource in the receiving state of ________________ and is the a. ____ Mother d. ____ Grandparent b. _____Father e._____ Adult brother or sister c. _____Stepparent f. _____Adult uncle or aunt g. _____Guardian of __________________________(child noted above); and H. Each child noted above is under the jurisdiction of the court as a result of action taken by a child welfare agency. I. The child __________ referenced in A. meet(s) one or more of the following requirements pursuant to paragraph 5 of Regulation 7: 1. The court has the authority to determine custody and placement of each child or has delegated said authority to the child welfare agency, and each child is being considered for placement in another state with a parent, stepparent, grandparent, adult brother or sister, or adult aunt or uncle, or guardian of the child named in A, and the child in A above meets the following criteria: a. ( ) unexpected dependency due to sudden or recent incarceration, incapacitation or death of a parent or guardian; incapacitation means a parent or guardian is unable to care for a child due to an unexpected medical, mental or physical condition of a parent or guardian, or b. ( ) at least one of the children sought to be placed is four years of age or younger, including older siblings sought to be placed with the same proposed placement resource; or c. ( ) the court finds that ___________ (child’s name), is one of the children in a sibling group sought to be placed and has a substantial relationship with the proposed placement resource; substantial relationship means the proposed placement has spent more than cursory time with the child, is known to the child, and has established more than a minimal bond with the child; or DSS-1839 (Rev. 2/2012) Child Welfare Services ICPC Order of Compliance Page 2 of 4 NC Interstate Compact Order of Compliance d. ( ) the child(ren) is/are currently in an emergency placement. J. The department/agency has provided the court with a signed statement(s) from the potential placement resource(s) or the assigned case manager in the sending state that following a conversation with the potential placement resource, the potential placement resource confirms/meets the minimum requirements as required under Paragraph 7a of Regulation 7. K. The sending agency has completed and is prepared to send all required paperwork to the sending state ICPC office, including the statement from the prospective placement resource or the assigned case manager under Paragraph 7a of Regulation 7, ICPC 100A and ICPC Form 101. IN CONSEQUENCE OF THE FOREGOING, IT IS, THEREFORE, ORDERED AND ADJUDGED AS FOLLOWS: 1. This court, having jurisdiction over the above referenced child(ren), invokes the use of the Interstate Compact on the Placement of Children and authorizes and directs this state’s department/agency having custody of the child(ren) to be the sending agency in this/these matter(s) and directs it to complete, execute, and file all necessary forms and carry out and effectuate all obligations and responsibilities as the sending agency under the Compact. 2. The department/agency shall seek the following: a. ( ) Approval for a provisional placement of each child noted above in the receiving state pending a more comprehensive home assessment of the potential placement resource by the receiving state and an expedited placement decision regarding final placement of the child(ren), or b. ( ) A comprehensive home assessment of the potential placement resource in the receiving state and an expedited placement decision without a provisional placement of the subject child(ren), or c. ( ) Approval for a provisional placement with a parent from whom the child was not removed and concurrence to relinquish jurisdiction upon final approval. 3. The transmission of any documentation or request for information in this case/these cases or decisions made shall be sent by overnight mail, FAX or as an attachment to an email if approved by receiving state or such other equally expedient method as may in the future become available. 4. The court designates the clerk of court to send copies of this and other orders needed to comply with Regulation 7 of the ICPC to the sending department/agency within two (2) business days of the entry of this and other orders entered in this case: a. name________________________________________ b. mailing address______________________________ c. e-mail address _______________________________ d. telephone number____________________________ e. FAX number _________________________________ DSS-1839 (Rev. 2/2012) Child Welfare Services ICPC Order of Compliance Page 3 of 4 NC Interstate Compact Order of Compliance 5. The person designated to receive communication regarding the progress of the ICPC process in this/these matter(s) is: a. name________________________________________ b. mailing address______________________________ c. e-mail address _______________________________ d. telephone number____________________________ e. FAX number _________________________________ 6. The sending department/agency shall transmit, within three (3) business days of receipt of this signed order, a completed Form 100A and 101 (Request for Placement), and if not already sent, all required documentation for compliance with Regulation 7 and any supporting documentation pursuant to ICPC Article III, to the sending state Compact Administrator. 7. Within a time not to exceed two (2) business days after receipt of a complete Regulation 7 request, the sending state Compact Administrator shall transmit the complete request for the assessment and for any provisional placement to the receiving state Compact Administrator. The request shall include a copy of this Order of Compliance. In the event the sending state Compact Administrator finds that the ICPC documentation received is substantially insufficient, he or she shall specify to the sending agency what additional information is needed and request such information from the sending agency. 8. When a provisional placement sought by the sending state is approved by the receiving state for the subject child(ren), the receiving state Compact Administrator shall immediately notify the sending state Compact Administrator of that fact in writing through expedited means. Said person designated shall then seek an early hearing by this court to determine if said placement is in the best interests of the child(ren). The person designated to receive communication in Paragraph 4 above shall maintain contact with the sending state’s Compact Administrator to assist this court in determining the status of the ICPC process and shall report in writing to the court, the parties, and their counsel regarding said status no later than 7 days prior to any scheduled court hearing and provide any updates closer to the hearing date as may come to his/her attention. The sending state’s Compact Administrator shall cooperate with and work with the above designated person and provide him/her with information and assistance regarding the progress of the ICPC process for the cases of the subject child(ren). 9. This case/these cases is/are continued to ________________ at ____________ a.m./p.m. for further hearing on the status of the ICPC process to which the parties present and their counsel are recognized to appear. ENTERED THIS__________ DAY OF ____________________, 20__. _________________________ Judge/Judicial Officer DSS-1839 (Rev. 2/2012) Child Welfare Services ICPC Order of Compliance Page 4 of 4 ICPC Supervision Report 30 day Date of Report: / / Name of Child(ren): Name of Caretaker(s): Address of Placement: Courtesy Caseworker : (Receiving State) Phone Number: ( ) - Reporting Period: Dates and locations of Face-to-Face Contact: Briefly discuss child(ren)’s current circumstances, addressing child(ren)’s safety in current placement and child(ren)’s well-being: List any unmet needs, and recommendations to meet those needs: (Sending State is responsible for case planning and for funding) Recommendation: Continue placement. Continue supervision. Terminate supervision. Receiving State concurs with: Continue with current permanency goal. Return custody to parent, terminate jurisdiction. Establish guardianship. Other (specify): OFFICIAL INTERSTATE COMPACT OFFICE USE ONLY: The Receiving State Compact Administrator/Deputy Compact Administrator/ICPC Specialist concurs with this recommendation. The Receiving State Compact Administrator/Deputy Compact Administrator/ICPC Specialist does not concur with this recommendation. / Name Date DSS-5331 (Eff. 12/2010) Child Welfare Services ICPC Supervision Form – 30 Day Report Page 1 of 1 / Revised 4-10 ICPC Supervision Report 90 day Date of Report: / / Name of Child(ren): Name of Caretaker(s): Address of Placement: Courtesy Caseworker : (Receiving State) Phone Number: ( ) - Reporting Period: Dates and locations of Face-to-Face Contact: Discuss child(ren)’s current circumstances, addressing child(ren)’s safety in current placement and child(ren)’s well-being: Child(ren)’s school performance, if applicable: (Attach copies of report card, IEP, evaluations, if applicable.) Child(ren)’s health & medical status, including dates of medical and dental appointments and names of service providers, if applicable: (Attach records, evaluations, therapy reports if applicable) Assessment current placement and caretakers, e.g., (physical condition of the home, caretaker's commitment to child, current status of caretaker and family, any changes in family, composition, health, financial situation, work, legal involvement, social relationships; child care arrangements): Permanent plan status: What progress has been made toward a permanent goal? Has the goal changed? Are there any recommendations? List any unmet needs, and recommendations to meet those needs: (Sending State is responsible for case planning and for funding) Recommendation: Continue placement. Continue supervision. Terminate supervision. Receiving State concurs with: Continue with current permanency goal. Return custody to parent, terminate jurisdiction. Establish guardianship. Finalize adoption. Other (specify): ICPC Supervision Form – 90 Day Report Page 1 of 2 Revised 4-10 OFFICIAL INTERSTATE COMPACT OFFICE USE ONLY: The Receiving State Compact Administrator/Deputy Compact Administrator/ICPC Specialist concurs with this recommendation. The Receiving State Compact Administrator/Deputy Compact Administrator/ICPC Specialist does not concur with this recommendation. / Name Date DSS-5332 (Eff. 12/2010) Child Welfare Services ICPC Supervision Form – 90 Day Report Page 2 of 2 /
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