15.4 ICPC Expedited Placements

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(15) Interstate Compact on the Placement of Children

Policy Title:

ICPC Expedited Placements

Policy Number:

15.4

Previous Policy Number(s):

N/A

Effective Date:

September 2020

Manual Transmittal:

2020-06

Codes/References

O.C.G.A. § 39-4, Interstate Compact on the Placement of Children
ICPC Regulation 7 - Expedited Placement Decision

Requirements

The Division of Family and Children Services (DFCS) will comply with Regulation 7 of the Interstate Compact on the Placement of Children (ICPC) as it pertains to Expedited Placement Decisions whether Georgia is the sending or receiving state.

When a sending state is requesting a provisional approval, the request shall be made by execution of an Order of Compliance by the sending state’s court that includes the required findings for a Regulation 7 request and a request for provisional approval or denial. The receiving state may but is not required to provide provisional approval or denial.

Procedures

Georgia as the Receiving State

Upon receipt of Regulation 7 requests the Georgia ICPC Administrator will:

  1. Review the request to assure it meets the criteria for an expedited study. If the request does not fully comply with the requirements, the State Office ICPC Administrator will within one business day contact the ICPC Administrator in the sending state, informing them of the reason(s) the request did not meet the requirements for expedited handling.

  2. If the request meets the Regulation 7 criteria, the ICPC Administrator will process the request in Georgia SHINES within one (1) business day:

    1. Complete a non-incident Intake type ICPC;

    2. Stage progress from Intake to Foster Care Child (FCC) stage, establishing the case in the name of the oldest child subject to the request;

    3. Assign the appropriate Georgia ICPC Administrator as the primary case manager for the FCC case/stage;

    4. Upload all documents received from the sending state into the FCC stage, Case Management second level tab, External Documentation third level tab, Other ICPC Documents. The original documents will be forwarded via United States (US) Priority Mail to the County DFCS office for maintenance.

  3. Contact the County DFCS Liaison and County Director via telephone and email prior to the end of the business day to inform them of the receipt of the expedited ICPC request.

  4. Render expedited placement decisions to the sending state ICPC Administrator as soon as possible but no later than three business days after receipt of the home study from the County DFCS and no more than 20 business days from the date of receipt of the completed documentation and forms received from the sending state’s ICPC Administrator.

Upon notification of the expedited request the County DFCS staff will do the following:

  1. The County ICPC Liaison/County Director will immediately inform the ICPC Administrator via email the assigned Social Services Case Manager (SSCM) to ensure they are added by the ICPC Administrator as a secondary in Georgia SHINES.

  2. The assigned DFCS SSCM will:

    1. Initiate contact with the primary and all other adult caregivers identified in the ICPC home study request to validate their interest and willingness to assume custodial care for the children who are the subject of the ICPC request.

    2. Provide the caregiver(s) with an explanation of the assessment process and the time frame for completion. The explanation shall include the necessity for them to undergo GCIC/NCIC fingerprint criminal records search, medical assessments and drug testing as a component of the assessment process.

    3. Screen all adult household members as outlined in policy 19.9 Case Management: Safety Screenings and conduct criminal records checks for all adult household members in accordance with policy 19.8 Case Management: Criminal Records Checks.

      1. If the screening results raise concerns about the viability of the proposed placement resource, consult the supervisor regarding how to proceed;

      2. If the screening results are of concern, discuss the concern(s) with the caregiver affording them the opportunity to provide an explanation;

      3. If the screening results are favorable for an approval of the home study and the prospective caregiver(s) remains interested, the SSCM shall proceed with completing the required study within 20 days of assignment (see policy 22.3 Kinship: Kinship Assessment or 14.10 Resource Development: Initial Family Evaluation);

      4. Document the home study utilizing the Kinship Care Assessment in Georgia SHINES in the child’s FCC stage; or

      5. For prospective foster or adoptive homes, complete FAD stage in SHINES;

      6. Staff the case with the supervisor and assigned ICPC Administrator if there are concerns. Determine if any of the non-safety approval requirements may be waived or postponed for the purpose of granting provisional approval for placement (see policy 22.6 Kinship: Waiver of Non-Safety Approval Standards for Kinship Foster Homes);

      7. Complete the Interstate Compact Placement Request (ICPC-100A) indicating the County decision concerning the assessment conclusion. The assessment conclusion shall provide:

        1. A recommendation that placement may be made when there is an approval. Approval may be withdrawn should the home fail to comply with reasonable expectations of the County DFCS office;

        2. A recommendation that placement shall not be made if the caregivers are no longer interested in pursuing placement of the child(ren) or the screening results or home study assessment are inadequate.

      8. Upon completion of the home study, the SSCM shall immediately notify the Georgia ICPC office by sending an email to the assigned ICPC Administrator and ICPC@dhs.ga.gov. Return the completed home study to the Georgia ICPC Administrator within fifteen business days (including date of receipt) of receipt of the request from the Georgia ICPC Administrator.

Georgia as the Sending State

For a placement resource to be considered for an ICPC expedited placement decision by the receiving state, the County DFCS SSCM shall take the following minimum steps prior to submitting a request for an ICPC (Regulation 7) expedited placement decision:

  1. Obtain a signed Statement of Case Manager/Potential Placement/Party Under ICPC Regulation 7. If a Border Agreement exists (see policy 15.8 Interstate Compact on the Placement of Children: Border Agreements), the assigned staff member in the receiving state may secure the statement from the caregiver and fax it to the County DFCS staff member. Such statements shall include the following regarding the potential placement resource:

    1. The individual(s) interested in being a potential caregiver for the child(ren) and willingness to cooperate with the ICPC process;

    2. Details of the relative’s relationship to/guardianship status of the child(ren);

    3. The name(s), correct address, telephone numbers and other contact information for the potential caregiver;

    4. The dates of birth and social security numbers for all adults in the home;

    5. A detail of the number and type of rooms in the residence of the placement resource to accommodate the child(ren) under consideration and the number of people, including children, who will be residing in the home;

    6. Financial resources available to the potential caregiver to feed, clothe and care for the child(ren);

    7. If required due to age and/or needs of the child(ren), the plan for child care, and how it will be paid for;

    8. The potential caregiver acknowledgement that criminal records and child abuse history screenings will be completed on any persons residing in the home required to be screened under the law of the receiving state and that, to the best knowledge of the potential caregiver, no one residing in the home has a criminal history or child abuse history that would prohibit the placement;

    9. Whether a request is being made for concurrence to relinquish jurisdiction if placement is sought with a parent from whom the child(ren) was not removed.

  2. For the purposes of an Order of Compliance, submit to the Juvenile Court:

    1. The signed written statement from the potential caregiver noted above; and

    2. A statement that based upon current information known there is no known information/fact that would prohibit the child being placed with the potential caregiver and that it has completed and is prepared to send all required paperwork to the Georgia ICPC office, including the Interstate Compact Placement Request (ICPC-100A) and Sending State’s Priority Home Study Request (ICPC-101).

      1. The Juvenile Court shall enter an order for Expedited Placement Decision subject to any additions or deletions required by federal or state law;

      2. The order shall set forth the factual basis for a finding that ICPC Regulation No. 7 applies to the child(ren) in question, whether the request includes a request for a provisional approval of the proposed caregiver and a factual basis for the request;

      3. The order must also require completion of the Sending State’s Priority Home Study Request (ICPC-101) for the expedited request.

  3. The County DFCS Supervisor or Special Assistant Attorney General (SAAG) will request the Juvenile Court provide a copy of its signed Order of Compliance within two (2) business days of the hearing or consideration of the Regulation 7 request. The order shall include the name, mailing address, e-mail address, telephone number and FAX number of the clerk of court or a designated court administrator of the Juvenile Court exercising jurisdiction over the child(ren).

  4. Within three business days of receipt of the signed Order of Compliance, complete the Interstate Compact Placement Request (ICPC-100A) in Georgia SHINES and upload to Georgia SHINES External Documentation the Sending State’s Priority Home Study Request (ICPC-101), the statement from the proposed caregiver and any supporting documentation. Prepare and send an email (ICPC@dhs.ga.gov) to the ICPC Unit notifying of the ICPC request with the subject line “New ICPC Request – Expedited”.

Please adhere to the procedures outlined in the Georgia SHINES Job Aide “Documenting ICPC Cases in Georgia SHINES (Georgia is the Sending State)” for completing the ICPC request.

Upon receipt of a complete Regulation 7 request from the County DFCS, the Georgia ICPC Administrator will:

  1. Transmit the completed request for the assessment and for any provisional placement to the receiving state Compact Administrator within two (2) business days of receipt.

  2. The request shall include a copy of the Order of Compliance rendered in Georgia.

Requests for Provisional Approval or Denial

Upon request and receipt of the documentation (including an Order of Compliance and a request for provisional approval or denial) from the sending agency and agreement of the receiving state to make a provisional determination, the receiving state shall expedite provisional determination of the appropriateness of the proposed caregiver by having the assigned SSCM:

  1. Perform a physical "walk through" of the prospective placement’s home to assess the residence for risks and the appropriateness of the placement for the child;

  2. Search the receiving state’s child protective services database for prior reports/investigations on the prospective placement as required by the receiving state for emergency placement of a child in its custody;

  3. Perform a local criminal background check on the prospective placement;

  4. Undertake other determinations as agreed upon by the sending and receiving state ICPC Administrators; and

  5. Provide a provisional written report to the receiving state Compact Administrator as to the appropriateness of the proposed placement.

The receiving state ICPC Administrator shall then make a determination within seven calendar days of receipt of the completed request packet.

  1. A provisional approval or denial shall be communicated to the sending state ICPC Administrator by the receiving state ICPC Administrator in writing. This communication shall not include the signed ICPC Request until the final decision is made.

  2. Provisional placement, if approved, shall continue pending a final approval or denial of the placement by the receiving state or until the receiving state requires the return of the child to the sending state.

  3. If provisional approval is given for placement with a parent from whom the child was not removed, the court in the sending state may direct its agency to request concurrence from the sending and receiving state ICPC Administrators to place the child with the parent and relinquish jurisdiction over the child after final approval is given. If such concurrence is not given, the sending agency shall retain jurisdiction over the child as otherwise provided under Article V of the ICPC.

  4. A provisional denial means that the receiving state cannot approve a provisional placement pending the more comprehensive home study or assessment process due to issues that need to be resolved.

Practice Guidance

ICPC Regulation 7

The intent of this regulation is to expedite ICPC approval or denial by a receiving state for the placement of a child with a parent, step-parent, grandparent, adult uncle or aunt, adult brother or sister, or the child’s guardian, and to:

  1. Help protect the safety of children while minimizing the potential trauma to children caused by interim or multiple placements while ICPC approval to place with a parent or relative is being sought through a more comprehensive home study process.

  2. Provide the sending state court and/or sending agency with expedited approval or denial. An expedited denial would underscore the urgency for the sending state to explore alternative placement resources.

For cases involving a child who is under the jurisdiction of a court as a result of action taken by a child welfare agency, the court has the authority to determine custody and placement of the child or has delegated said authority to the child welfare agency as the child is no longer in the home of the parent from whom the child was removed, and the child is being considered for placement in another state with a parent, step-parent, grandparent, adult uncle or aunt, adult brother or sister, or the child’s guardian. One of the following criteria must be met in order to be considered a Regulation 7 case:

  1. Unexpected dependency due to 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 due to a medical, mental or physical condition of a parent or guardian; or

  2. The child sought to be placed is four years of age or younger, including older siblings sought to be placed with the same proposed caregiver; or

  3. The court finds that any child in the sibling group sought to be placed has a substantial relationship with the proposed caregiver. Substantial relationship means the proposed caregiver has a familial or mentoring role with the child, has spent more than cursory time with the child, and has established more than a minimal bond with the child; or

  4. The child is currently in an emergency placement.

This regulation shall not apply if:

  1. The child has already been placed in violation of the ICPC in the receiving state, unless a visit has been approved in writing by the receiving state Compact Administrator and a subsequent order entered by the sending state court authorizing the visit with a fixed return date in accordance with Regulation 9.

  2. The intention of the sending state is for licensed or approved foster care or adoption.

In the event the intended placement [must be parent, step-parent, grandparent, adult aunt or uncle, adult brother or sister, or guardian as per Article VIII(a)] is already licensed or approved in the receiving state at the time of the request, such licensing or approval would not preclude application of this regulation.

  1. The court places the child with a parent from whom the child was not removed, the court has no evidence the parent is unfit, does not seek any evidence from the receiving state the parent is either fit or unfit, and the court relinquishes jurisdiction over the child immediately upon placement with the parent.

Forms and Tools

Association of Administrators of the Interstate Compact on the Placement of Children – ICPC Articles
Association of Administrators of the Interstate Compact on the Placement of Children – ICPC Regulations
Interstate Compact Placement Request (ICPC-100A)
Interstate Compact Placement Request - Instructions (ICPC-100A-I)
Sending State Priority Home Study Request (ICPC-101)
Sending State Priority Home Study Request - Instructions (ICPC-101-I)
Statement of Case Manager/Potential Placement/Party Under Regulation 7