15.1 Placements Subject to ICPC Jurisdiction | CWS
|
Georgia Division of Family and Children Services |
|||
Chapter: |
(15) Interstate Compact on the Protection of Children |
|||
Policy Title: |
Placements Subject to ICPC Jurisdiction |
|||
Policy Number: |
15.1 |
Previous Policy Number(s): |
1010.1 |
|
Effective Date: |
February 2015 |
Manual Transmittal: |
2015-01 |
|
Codes/References
O.C.G.A. § 39-4-1 through § 39-4-10, Interstate Compact on the Placement of Children
ICPC Regulation 3, Definitions and Placement Categories
Requirements
The Division of Family and Children Services (DFCS) will ensure that no child in the custody of DFCS is placed into another state without first complying with the applicable placement requirements of the Interstate Compact on the Placement of Children (ICPC).
| Georgia law and ICPC practice permits the development of “agreements” between DFCS and the state child welfare agencies of other states. Georgia has implemented “border agreements” with states sharing a common geographical border with Georgia (see policy 15.8 Interstate Compact on the Placement of Children: Border Agreements). |
DFCS will adhere to the following placement types subject to ICPC compliance when the court retains jurisdiction subsequent to a finding of dependency:
-
Adoptions: Placement preliminary to an adoption (independent, private or public adoptions);
-
Licensed or approved foster homes (placement with related or unrelated caregivers);
-
Placement with parents and relatives (as defined by blood, marriage or adoption) when the parent or relative is not making the placement as defined in Article VIII(a) of the ICPC Articles, “Limitations”;
-
Group homes/residential placement of all children, including children adjudicated delinquent in institutions in other states as defined in Article VI and Regulation No. 4 of the Compact.
A child welfare agency operated by another state seeking the placement of children into Georgia in any of the placement types identified in items 1-4 above likewise shall comply with ICPC regulations and procedures.
The following placement types are not subject to the provisions of ICPC:
-
Placements with parents or relatives when the child’s parent or guardian is making the placement;
-
Placements made in medical facilities;
-
Placements made in mental health facilities; and
-
Placements in any Child Caring Agency or institution that is primarily educational in character (boarding schools).
| Child Caring Agency is defined as an institution caring for the mentally defective or any institution that is principally educational in nature; any hospital or other medical facility is exempt from ICPC requirements. |
Practice Guidance
All children for whom the State of Georgia, acting by and through the County DFCS Office and who are subject to an order of custody (voluntary, temporary or permanent custody), are subject to ICPC regulations and procedures.
Any child who is the subject of a voluntary or judicial order of custody or commitment from another state is likewise subject to ICPC regulations and procedures.
A primary component of determining the appropriateness/approval of a prospective placement is the completion of all required Child Protective Services screens and background checks. This shall be fully adhered to prior to the placement of a child in another state.
Contact between county and/or state agencies should only occur after the approval of the compact request. The Georgia County DFCS should contact the State Office ICPC Unit if contacted by another state regarding a request or request consideration.
Occasionally, due to the proximity of a mental health or medical treatment facility to a bordering state, a child in state custody may have been hospitalized in a medical or mental health facility in another state. The necessity of treatment for the medical or mental health condition exempts the compliance with ICPC in such circumstances. The custodial entity is responsible for assuring that the child’s needs are fully met. The state in which the child receives treatment is neither legally nor fiscally responsible for the child’s care, treatment or assurance of safety.