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9300 Placing Children Outside of Texas

CPS March 2012

This section describes what DFPS must do to place into foster care in Texas a child who is abused or neglected child and is being placed outside of Texas.

In some cases, placing a child in another state through an interstate compact is the best way to achieve permanency for the child; for instance, it may be the only way to place a child near the child’s parents.

Whenever DFPS places a child in another state, the child’s worker continues to apply all of the policies and procedures for substitute care services that pertain to the child’s case. See 6000 Substitute Care Services.

Every interstate placement made by DFPS is subject to the Interstate Compact on the Placement of Children (ICPC); therefore the caseworker making the placement must coordinate it through the Texas Interstate Compact Office (TICO). State law and DFPS policies that govern the removal and placement of a child within the state of Texas also apply.

DFPS places children outside of Texas with the following types of caregivers:

  •  Parents

  •  Relatives

  •  Foster families

  •  Adoptive families

  •  Residential treatment centers

DFPS Rules, 40 TAC §700.1902(b)

Under ICPC, DFPS must cover all necessary costs of the child’s care that cannot be covered through other sources, until the court dismisses DFPS conservatorship.

For detailed information about making placements with different types of caregivers, see:

Placement Process Resource Guide - Types of Placements

6930 Selecting an Adoptive Family

For the policies and procedures on each stage of placing a child outside Texas, see the items that follow.

9310 Requesting Another State's Permission to Place a Child

9311 Documenting a Request to Place a Child Outside of Texas

CPS March 2012

The child’s caseworker accesses the ICPC (Interstate Compact on the Placement of Children) tab in the child’s IMPACT case. This is found under the substitute care (SUB) or adoption (ADO) stage, depending on the child’s status.

ICPC Placement Request Packet

To request a home screening and permission to place a child in another state, the child’s caseworker prepares an interstate placement request packet in IMPACT:

1.   Complete the Placement Request (100A) sections I-III of the Interstate Compact Placement Request in IMPACT– One for each child.

2.   Complete the ICPC cover letter in IMPACT – One for each ICPC request packet.

3.   Complete the ICPC Financial/Medical form in IMPACT– One for each child.

4.   Upload into IMPACT all of the following legal forms that must accompany the ICPC placement request packet:

  •  The original court order appointing DFPS as the child’s conservator

  •  The most recent court order with DFPS as the conservator

  •  The child’s birth certificate (or other verification of the child’s age and citizenship, if a birth certificate is not available)

  •  The child’s Social Security number

5.   Upload the most recent additional following documents (if applicable) to complete the interstate placement request packet:

  •  Psychological or developmental evaluation of each child, required if placement is for adoption

  •  Physical and dental exam documents

  •  Educational documents:

  •  Report card

  •  Admission, Review and Dismissal (ARD) or 504 documents and accommodations

TICO prints out the most recent child’s plan of service to complete the ICPC placement request packet. The child’s caseworker must ensure that the plan of service is accurate and up-to-date for each child who is involved in the ICPC request.

Completing the Cover Letter

In the cover letter, the caseworker must include all of the following:

  •  Contact information on the child’s caseworker

  •  The child’s name, date of birth, and Social Security number

  •  The type of home screening being requested:

      If a home screening has already been completed, the caseworker explains in the cover letter and encloses a copy of the screening results.

      A home screening is most likely to have been completed when:

  •  a child moves out-of-state with his or her caregiver, or

  •  a child is placed for adoption with a family who lives out-of-state

  •  A brief explanation of the reasons the child came into DFPS care

  •  The caregiver’s name, home address, and phone number

  •  Details about the caregiver’s relationship to the child (such as why the caregiver is interested in caring for the child) and any contact the caregiver had with the child before the ICPC request was made,

  •  A brief profile of the child (the child’s temperament, likes and dislikes, medications, and so on), and any special educational or physical needs

  •  The child’s permanency plan

9311.1 Specifying How Costs Will Be Covered for Daily Care

CPS March 2012

The ICPC Financial / Medical Form 103 for the Interstate Compact on the Placement of Children is part of the packet for ICPC and is on the ICPC tab of IMPACT under the substitute care (SUB) and adoption (ADO) stages. The caseworker completes the form in IMPACT designating the child’s eligibility for foster care payments through:

  •  Title IV-E;

  •  non IV-E paid or Supplemental Security Income (SSI) paid for foster care payments; or

The caseworker also completes the form to designate the type of placement that the child is going to in the receiving state.

The options for covering the costs of a child’s daily care are specified in the following chart:

Options for Covering the Cost of Care

Conditions

The caregiver supports the child without financial assistance.

The caregiver must be a parent or a relative of the child.

The caregiver applies for TANF (Temporary Assistance for Needy Families) in the receiving state.

  •  The caregiver must be the child’s parent or relative; and

  •  The receiving state must allow a family to apply for TANF.

DFPS provides foster care assistance to the caregiver.

 

The caregiver must be licensed to provide foster care in the receiving state.

For detailed information about applying for Title IV-E foster-care assistance, see 1511 Applying for Foster Care Assistance.

For information about SSI and adoption assistance payments, see 1715.4 SSI Payments and Adoption Assistance Payments.

9311.2 ICPC Financial / Medical Form for an ICPC Placement Request

CPS March 2012

The Financial / Medical Form 103 for the Interstate Compact on the Placement of Children (ICPC) is part of the packet for ICPC and is on the ICPC tab of IMPACT under the substitute care (SUB) and adoption (ADO) stages. The caseworker completes the form in IMPACT designating the child’s eligibility for foster care payments through:

  •  Title IV-E or non IV-E paid; or

  •  Supplemental Security Income (SSI); or

The caseworker also completes the form to designate the type of placement that the child is going to in the receiving state.

If the child is eligible for Title IV-E foster-care assistance, the cover letter must include information about the child’s Title IV-E eligibility to enable the receiving state to begin paying the child’s Medicaid benefits. See:

1538 Medicaid Benefits for Foster Care Children Placed in Texas From Other States

1539 Medicaid Benefits for Foster Care Children Placed Out-of-State

If the child is placed with a parent or relative not receiving foster care payments, the caregiver applies for Medicaid in the receiving state. 

9311.3 Information About the Child for an ICPC Placement Request

CPS March 2012

To the extent available at the time of the request for placement through the Interstate Compact on the Placement of Children (ICPC), the caseworker must provide all of the information that DFPS ordinarily provides to a child’s caregiver, including the child’s:

  •  current service plan, as specified in:

  •  6241 The Child’s Plan of Service (CPOS), and

  •  6241.22 Child Plan Review;

  •  most recent status report filed with the court, as specified in 5530 Permanency Hearings for Children Under Temporary DFPS Conservatorship;

  •  most recent school records, including any special education records;

  •  medical documents, including the child’s most current medical and dental exams, immunization record; and psychological evaluation or developmental assessment (if applicable).

Psychotropic Medications and Adoption Screenings

If a child is taking psychotropic medications or if the ICPC referral is for a home screening related to an adoption, then either a psychological evaluation or developmental assessment must be included in the ICPC placement request packet.

Emergency Orders of Protection

For ICPC cases, an Emergency Order of Protection cannot be used in lieu of a Temporary Managing Conservatorship Order (TMC).

Texas court orders that specify one child’s name and use et al to represent the others must include the names of any other children who are involved in the order by listing them either:

  •  under the court order heading In the Interest of; or

  •  in the body of the court order.

9312 Requesting Placement With a Parent or Relative Outside of Texas

CPS March 2012

Documenting the Request

To request permission to place a child with a parent or relative who lives in another state, the child’s caseworker must prepare the documentation specified in 9311 Documenting a Request to Place a Child Outside of Texas.

Applicable Policies

Non-Offending Parent

The Interstate Compact on the Placement of Children (ICPC) does not apply whenever a court transfers the child to a non-custodial parent with respect to whom the court:

  •  does not have evidence before it that such parent is unfit;

  •  does not seek such evidence; and

  •  does not retain jurisdiction over the child after the court places the child.

The receiving state has no responsibility for supervision or monitoring for the court having made the placement in this circumstance.

If a court or other competent authority such as DFPS invokes the Interstate Compact on the Placement of Children (ICPC), the court or other competent authority is obligated to retain jurisdiction and follow normal ICPC procedures to request placement of a child in the other state.

Relative

The placement of a child with relatives must comply with DFPS’s policy and the receiving state’s requirements for such placements. If the receiving state does not require the relative to be verified or licensed, then the relative may qualify for the Texas Kinship Program including Integration and Reimbursement funding.

The Interstate Compact does not apply to the sending or bringing of a child into the receiving state by the child’s parent, stepparent, grandparent, adult brother or sister, adult aunt or uncle, or the child’s guardian and leaving the child with any such relative or the child’s guardian, if the person who brings the child to the receiving state is a person whose full legal right to plan for the child:

  •  has been established by law at a time before initiating the placement arrangement; and

  •  has not been voluntarily terminated, diminished, or severed by the action or order of any court.

ICPC Regulation No. 3, Definitions and Placement Categories: Applicability and Exemptions

Texas Family Code, §264.751

See:

6600 Case Planning with Relatives and Other Kinship Caregivers

6651 Explaining the Federal Financial Assistance Available to a Kinship Caregiver

6680 Permanency Care Assistance (PCA)

9521 Voluntary Interstate Placements With Relative Caregivers

9312.1 Criteria for Priority Home Screening

CPS March 2012

A priority home screening may be requested for a Interstate Compact on the Placement of Children (ICPC) case, if the following criteria are met:

  •  The proposed caregiver is the child’s parent, stepparent, grandparent, adult aunt or uncle, adult brother or sister, or the child’s guardian.

      Cousins, great-aunts, great-uncles, and great-grandparents do not meet the criteria for the degree of relationship between the child and the proposed caregiver. Fictive kin, such as close family friends, do not meet the criteria.

AND

  •  At least one of the following circumstances is met:

  •  an unexpected dependency because of a 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 because of a medical, mental, or physical condition of a parent or guardian); or

  •  the child is currently in an emergency placement; or

  •  the court finds that any child in the sibling group sought to be placed has a substantial relationship with the proposed placement resource; or

  •  a child sought to be placed is age four or younger. If the child age four or younger is in a sibling group with older siblings, then the older siblings may be placed in the same proposed placement resource with the younger child.

Before submitting a Priority Home Screening Request, the caseworker must ensure that the following additional three items are included in the request packet:

  •  ICPC Criteria for Priority Home Screening – Form ICPC105 (Regulation 7 Worksheet) uploaded into IMPACT

  •  Order of Compliance (Priority Court Order) uploaded into IMPACT

  •  Priority Home Study Request form entered in IMPACT

A priority screening may not be requested if:

  •  the proposed placement is for a foster or adoptive home; or

  •  the child is already placed in the receiving state, in violation of ICPC guidelines.

The priority home screening must be completed and returned to the sending state’s interstate compact office within 30 calendar days from the date that the receiving state’s interstate compact office receives and accepts the priority ICPC placement request packet.

9313 Requesting Placement With a Foster Family Outside of Texas

CPS March 2012

In a variety of circumstances, DFPS may place a child with a foster family that lives outside of Texas.

If the foster family is licensed or verified, the child’s caseworker must first:

  •  notify the supervisor and other appropriate levels of management before proceeding with an Interstate Compact on the Placement of Children (ICPC) request; and

  •  obtain approval from the regional program administrator (PA) before submitting the ICPC placement request packet.

The PA then determines whether:

  •  it is in the child’s best interest to be placed with the foster family;

  •  the foster family is able to meet the child’s ongoing medical and financial needs;

  •  the foster family is licensed by a private child-placing agency (CPA) in the receiving state and the CPA has entered into a contract with DFPS, or the foster family is licensed through the appropriate state agency in the receiving state.

Placement With a Close Friend of the Child’s Family

DFPS treats the placement of a child with close friends of the child’s family the same as a placement with a relative; however, most states require close friends to be trained and licensed as foster caregivers.

Before submitting an ICPC placement request packet, the child’s caseworker researches (through the regional ICPC coordinator or ICPC staff at the DFPS state office) the other state’s policy on placing a child with a close friend of the family.

Examples of Out-of-State Placements

  •  The child’s birth family has moved to another state, and the child needs to be placed with a caregiver who lives near the birth family.

  •  The child has grown attached to a foster family that must move outside of Texas and moving with the foster family will not affect the child’s or family’s ability to achieve the goals established in the child’s permanency plan.

For detailed information about coordinating a foster child’s move with a foster family, see 9316 When a Texas Caregiver Moves to Another State.

9314 Requesting Placement With an Adoptive Family Outside of Texas

CPS March 2012

In a variety of circumstances, DFPS may place a child for adoption with a family that lives outside of Texas.

Examples

The circumstances under which a child may be placed include the following:

  •  An adoptive family living outside of Texas has been located for a child with special needs.

  •  The parental rights of a child’s parents are terminated after the child’s placement with a relative or foster caregiver who lives outside of Texas and when the child is available for adoption, the caregiver wants to adopt.

In the second example, the child’s initial out-of-state placement has already been approved and completed. DFPS must initiate a separate request for approval of the adoptive placement.

Documentation

To request permission to place a child for adoption in another state, the child’s caseworker must prepare the IMPACT documentation specified in 9311 Documenting a Request to Place a Child Outside of Texas and the subitems, with the following additions:

Cover Letter

The cover letter must:

  •  specify whether DFPS will support the adoption financially, as specified in:

  •  1700 Adoption Assistance Program, and

  •  1760 Medicaid Coverage, the Interstate Compact on Adoption and Medical Assistance, and Adoption Assistance;

  •  identify any other sources of financial assistance, such as Supplemental Security Income (SSI);

  •  indicate whether the adoption will be consummated in Texas or the receiving state; and

  •  include a written statement confirming that DFPS has a current contract in place, if the prospective adoptive family is licensed through a Private Child-Placing Agency (CPA) in the receiving state. (In such a circumstance, it is the responsibility of the child’s caseworker to obtain such a confirmation.)

See 8263 Out-of-State Adoption Placements.

ICPC Placement Request Packet

The caseworker includes the all of the following in the Interstate Compact on the Placement of Children (ICPC) placement request packet through uploading it into the IMPACT ICPC tab:

  •  The court order terminating parental rights and appointing DFPS as the child’s permanent managing conservator

  •  The results of the adoptive home screening, if it has been completed (Actual FBI results will not be released to other states)

  •  The child’s Health, Social, Educational, and Genetic History (HSEGH) report

For information on the HSEGH report, see:

6921 Completing the Health, Social, Educational, and Genetic History (HSEGH) Report

For additional information about placing children for adoption in other states, see:

6935 Adoptive Homes in Other States

6946 Making Placements in Other States

9315 Requesting Placement in a Residential Treatment Center Outside of Texas

CPS March 2012

DFPS may place a child under its conservatorship in an out-of-state residential treatment center if:

  •  an out-of-state facility is better equipped to meet a child’s specific needs; or

  •  there are no Texas facilities with available capacity to meet the child’s needs.

Before submitting an ICPC (Interstate Compact on the Placement of Children) Placement Request to place a child in an out-of-state residential treatment center, the child’s caseworker must:

  •  notify Texas Interstate Compact office (TICO) and the residential treatment placement coordinator of the proposed placement; and

  •  ensure that a child-specific contract for placement out-of-state, in a residential treatment center and a separate contract for supervision are both executed.

The associate commissioner or his or her designee is responsible for approving the child specific contract for placement. The regional director or his or her designee is responsible for approving the contract for supervision.

Upon approval of both the child-specific residential contract and contract for supervision, the caseworker submits the ICPC Placement Request through IMPACT and as specified in 9311 Documenting a Request to Place a Child Outside of Texas.

The contract for supervision services is required to mandate that monthly face-to-face contact between the contractor and the child placed in the out-of-state residential treatment center is conducted. The contractor is required to provide a monthly supervision report to the child’s Texas caseworker. This ensures the likelihood that the mandated contact occurs.

Additionally, the child’s Texas caseworker must make monthly contact with the child by telephone or electronic means such as Skype or email.

All contacts made by the contractor and caseworker must be thoroughly documented in IMPACT.

See 6411 Contact with the Child.

9316 When a Texas Caregiver Moves to Another State

CPS March 2012

If a child’s caregiver is moving to another state, and it is in the child’s best interest for the child to move with the caregiver, the child’s caseworker must ask the receiving state for permission to continue the placement there.

The child’s caseworker prepares the same documentation specified in 9311 Documenting a Request to Place a Child Outside of Texas and the subitems, with the following additions:

  •  In the Interstate Compact Cover Letter in IMPACT, the caseworker indicates that the child has been placed with the caregiver and the child has already moved with that caregiver to the receiving state.

  •  In the Interstate Compact on the Placement of Children (ICPC) placement request packet, the caseworker includes:

  •  the caregiver’s most current home screening. Texas verifies that all required criminal background checks are completed according to the placement type and that all persons required to undergo a criminal background check are cleared. Specific convictions are addressed in the home screening; however, actual FBI results are not released to other states; and

  •  the IMPACT Placement Status (100B). The form includes information about the child’s caregiver and the date of placement.

If the Caregiver Is a Foster Family

If the child’s caregiver is a foster family, the ICPC placement request packet must include a copy of the family’s verification as a foster family in Texas; that is, either:

  •  a license issued by a child-placing agency (CPA) in Texas; or

  •  a certificate issued by DFPS (Form 2909 Foster Only Certificate or Form 2912 Foster Adoptive Home Certificate, Dual-Licensed).

If the foster parent is licensed or verified, the child’s caseworker must first:

  •  notify the supervisor and other appropriate levels of management before proceeding with an ICPC request; and

  •  obtain approval from the regional program administrator (PA) before submitting the ICPC placement request packet.

The PA then determines whether:

  •  it is in the child’s best interest to move with the foster family;

  •  the foster family is able to meet the child’s ongoing medical and financial needs; and

  •  the foster family understands that the family must meet the licensing requirements of the receiving state to qualify for ongoing foster care support.

Effective Period of Texas Licensure

The foster family’s Texas license or verification remains in effect for up to 90 days while the family applies for a license in the receiving state. A DFPS program administrator (PA) can extend the family’s Texas licensure for 60 additional days, if it is clear that the family will be licensed in the receiving state during the extension.

Receiving states generally accept a family’s Texas licensure or verification, as long as the license or verification remains in effect.

If the caregiver’s application for a foster care license in the receiving state is denied, the child’s caseworker must find another placement for the child.

Adoptive Families

If the caregiver is an adoptive family, the placement request packet must include the additional documentation specified in 9314 Requesting Placement With an Adoptive Family Outside of Texas.

If the adoptive parent is licensed through a child-placing agency (CPA) in Texas, the child’s caseworker must:

  •  notify his or her supervisor and other appropriate levels of management before proceeding with an ICPC request; and

  •  obtain approval from his or her regional program administrator (PA) before submitting the ICPC placement request packet.

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