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9000 Interstate Compact on the Placement of Children (ICPC)

9100 The Texas Interstate Compact Office

9110 The DFPS Regional ICPC Coordinator

CPS October 2017

The regional Interstate Compact on the Placement of Children (ICPC) coordinator acts as the liaison between the DFPS caseworker and Texas Interstate Compact Office (TICO). Each of the 11 regions in Texas has one primary ICPC coordinator and one alternate ICPC coordinator.

Whether Texas is the sending state or the receiving state, the regional ICPC coordinator:

  •   reviews all ICPC referrals from his or her region for accuracy and completeness;

  •   ensures that all ICPC referrals are processed expeditiously to meet federal guidelines related to the Safe and Timely Act (Safe and Timely Interstate Placement of Foster Children Act of 2006, P.L. 109-239); and

  •   provides technical assistance to DFPS caseworkers regarding general ICPC inquiries.

9200 Placing Children from Texas in Another State

For caseworker requirements when placing a child with a non-custodial parent in another state, see 4513.1 Placing a Child with an Out-of-State Non-Custodial Parent and its sub-items.

9210 Processing an ICPC Request from Texas

9211 Regional ICPC Coordinator Review and Approval

CPS October 2017

The regional ICPC coordinator receives the packet through IMPACT after the caseworker’s supervisor approves it.

The regional ICPC coordinator must:

  •   review the packet for completeness and for compliance with applicable compact requirements, Texas laws, and DFPS policies; and

  •   submit the approved packet to the Texas Interstate Compact Office (TICO) through IMPACT.

9212 Texas Interstate Compact Office (TICO) Review and Processing

CPS October 2017

Every state has an interstate compact office. In Texas, that office is the Texas Interstate Compact Office (TICO), which is part of DFPS.

TICO must:

  •   coordinate interstate placements with the compact offices in other states; and

  •   advise child-placing agencies, including DFPS, about making and supporting such placements.

Review

After receiving the interstate placement request packet through IMPACT, TICO staff must review and approve the packet for completeness and for compliance with applicable compact requirements, Texas laws, and DFPS policies.

Processing

If the packet is complete and correct, a TICO staff person must:

  •   print the IMPACT ICPC Placement Request Packet. This includes printing the most current Child’s Plan of Service and attaching it to the packet;

  •   sign and date the Placement Request (100A); and

  •   send two copies of the interstate placement request packet to the compact office in the receiving state.

9212.1 Missing Information

CPS October 2017

Critical Information

If critical information is missing, TICO must immediately contact the following to ask that the missing information be sent to TICO:

  •   the caseworker or the caseworker’s supervisor; and

  •   the regional ICPC coordinator where the request was initiated.

If TICO does not receive the missing information within three business days, TICO must return the interstate placement request packet to the caseworker to be corrected and resubmitted.

A checklist of critical information can be found in the ICPC checklist.

Information That Is Not Critical

If information that is not critical is left out of the placement request packet, TICO may:

  •   send the packet to the receiving state’s compact office before getting the missing information; and

  •   ask the caseworker who initiated the request to forward the missing information to TICO by the date requested by the receiving state.

If the Other State’s Compact Office Finds Information Missing

If the compact office for the state receiving the request finds the placement packet deficient in some respect, the compact office may:

  •   send the packet to the local child-placing agency despite the deficiency, to get the home screening started, and either call or write TICO to request the missing information;

  •   hold the packet at the compact office, and either call or write TICO to request the missing information; or

  •   return the packet to TICO with a request for the missing information.

9213 Obtaining the Other State’s Decision on an Interstate Placement

CPS October 2017

The other state’s interstate compact office reviews the placement packet and forwards it to the other state’s agency. The agency:

  •   reviews the packet;

  •   conducts the home screening; and

  •   sends the home screening results, along with its placement recommendation, to the other state’s interstate compact office.

9213.1 Notification

CPS October 2017

The other state’s compact office notifies TICO about its decision by completing Section IV of the Placement Request (100A), and mailing TICO:

  •   one copy of the home screening; and

  •   one copy of the signed Placement Request (100A) with the placement recommendation.

TICO must upload the home screening and signed Placement Request (100A) in IMPACT.

Federal law requires states to complete a home screening and provide a written report on the results of the screening to the sending state within 60 calendar days of receiving a placement request.

42 U.S.C. §671(a)(26)

The federal law requires only that a report on the home screening be provided; it does not require that a placement decision be given within 60 days or that prospective caregivers must complete training or education requirements within that time.

9213.2 Request for Home Study Approval Extension

CPS October 2017

Approval of an Interstate Compact on the Placement of Children (ICPC) placement is valid for six months from the date that the other state’s interstate compact officeapproves and signs the Placement Request (100A). DFPS has until the end of the approval period to determine whether to place the child with the family.

The other state’s interstate compact office may give an extension to allow a child to complete the school year or semester. The caseworker notifies TICO for approval of an extension before the Placement Request (100A) expires. If an extension goes beyond six months, the approval expires and the caseworker must begin the approval process again.

9214 Placing a Child in the Other State

CPS October 2017

Once the other state’s interstate compact office approves the placement, and a Texas court allows the placement to proceed, the Texas caseworker makes the necessary arrangements to place the child outside of Texas.

9214.1 Notifying the Other State

CPS October 2017

After placing the child in the other state, the child’s Texas caseworker documents the child’s placement in IMPACT, completes the Form 2261 Compact Report ICPC (100B), and submits the 100B to the supervisor for approval.

IMPACT submits the 100B to the regional ICPC coordinator and Texas Interstate Compact Office (TICO) as secondary approvers.

TICO must:

  •   print the Form 2261 Compact Report ICPC (100B) from IMPACT;

  •   sign and date the 100B; and

  •   send the 100B to the receiving state to notify the state that the child has been placed and to initiate courtesy supervision.

9214.11 Retaining Jurisdiction

CPS October 2017

Once a child is placed in the other state, the Interstate Compact on the Placement of Children (ICPC) requires DFPS to retain jurisdiction until:

  •   the child:

  •   is adopted;

  •   reaches the age of majority;

  •   becomes self-supporting; or

  •   the receiving state agrees with discharging the child or dismissing the legal case.

Texas Family Code §162.102 Article V

This requirement is intended to ensure that DFPS remains legally responsible for the child until the case is resolved. As long as DFPS retains jurisdiction, if the placement is disrupted, or the child requires additional services or funding, DFPS remains responsible for accepting custody of the child or making an alternative approved placement.

9214.2 Canceling a Placement Request

CPS October 2017

If for any reason the child’s Texas caseworker needs to cancel the placement request, the caseworker completes Form 2261 Compact Report ICPC (100B) and submits the cancellation for approval. IMPACT sends the 100B to the regional ICPC coordinator and TICO for secondary approval.

The regional ICPC coordinator must approve the cancellation and submit the 100B to TICO for secondary approval.

TICO must:

  •   print the Form 2261 Compact Report ICPC (100B) from IMPACT;

  •   sign and date the 100B; and

  •   send the 100B to the receiving state to notify the state that the placement request is cancelled.

9215 Closing an ICPC Case

9215.1 Final Recommendation

CPS October 2017

If the child’s Texas caseworker and the other state’s agency agree that the placement of a child out of state no longer needs to be supervised, the other state’s agency prepares a final supervisory report recommending a legal action that will close the child’s case and complete the interstate placement process. The other state’s agency sends a final report to the other state’s compact office.

If the compact office agrees with the agency’s recommendation the compact office prepares an ICPC transmittal letter and sends the ICPC transmittal letter and the final report to the Texas Interstate Compact Office (TICO).

TICO must upload a copy of the ICPC transmittal letter and a copy of the report in IMPACT.

9215.2 Agreement

CPS October 2017

The Texas caseworker notifies the following of the final recommendation:

  •   CPS;

  •   the other state’s agency;

  •   the other state’s interstate compact offices;

  •   TICO;

  •   the caregiver; and

  •   the child (if appropriate).

All of the parties must agree with the final recommendation before the court holds a final hearing. If any participant does not agree, the other state’s agency must continue supervising the placement until a recommendation is developed that everyone agrees to.

9215.3 The Final Court Order

CPS October 2017

When a court issues its final order, the caseworker:

  •   completes Form 2261 Compact Report ICPC (100B) in IMPACT;

  •   obtains a copy of the final court order;

  •   keeps one copy of each document (the report and court order) in the child’s case file; and

  •   uploads a copy of each document into IMPACT.

TICO must:

  •   close its file on the child; and

  •   send Form 2261 Compact Report ICPC (100B) and final court order to the receiving state’s interstate compact office for closure.

 

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