15.6 Court Jurisdiction Cases and Other ICPC Components

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:

Court Jurisdiction Cases and Other ICPC Components

Policy Number:

15.6

Previous Policy Number(s):

1010.10, 1010.12, 1010.13, 1010.14, 1010.17

Effective Date:

February 2015

Manual Transmittal:

2015-01

Codes/References

O.C.G.A. § 39-4 Interstate Compact on the Placement of Children
ICPC Regulation 1 - Relocation of Family Units
ICPC Regulation 2 - Public Court Jurisdiction Cases
ICPC Regulation 9 - Definition of a Visit

Requirements

The Division of Family and Children Services (DFCS) will assume responsibility for assuring the proper maintenance and follow-up of Interstate Compact on the Placement of Children (ICPC) requests received from a sending state ICPC Administrator that require formal and informal action on the part of County DFCS staff. These actions include:

  1. Custody Reviews

  2. Protective Custody Services

  3. Georgia Court as the Sending Agency

  4. Out of State Foster Home

  5. Out of State Residential Placement (Group Home)

  6. Interstate Visits

  7. Relocation of Family Units

  8. Status Offenders return to state of residence

Procedures

Custody Reviews (Court and Subsidies)

  1. For cases in which the Georgia Court granted permanent custody of a child to a relative prior to January 1, 2014, the Juvenile Court Judge reviews the circumstances of the child in the permanent custody of a relative every 12 or 36 months, based on the established jurisdiction where custody was originally transferred to the relative and location of the relative (in state or out of state).

  2. If DFCS is requested to complete the court review, ICPC requirements apply.

  3. Per policy 22.8 Kinship: Financial and Non-Financial Supports for Children in Foster Care or Who Have Achieved Permanency, if a relative is approved to receive Relative Care Subsidy and relocates to another state, the legal county of the child shall make subsidy payments as long as all eligibility criteria are met. Georgia will continue to be responsible for subsidy payments for eligible children as long as a Georgia court retains legal jurisdiction and the child remains eligible.

  4. Should the relative placement no longer be appropriate and/or there is a court order changing the custody arrangements, the RCS payments are terminated. Refer to policy 22.8 Kinship: Financial and Non-Financial Supports for Children in Foster Care or Who Have Achieved Permanency for the procedures for terminating the RCS.

There are no new relative subsidies established effective 1/1/ 2014.

Protective Custody Services

This situation presents when (1) protective services and/or supervision of a family is needed in Georgia (Georgia is receiving state) or in another state (Georgia is sending state) and (2) the court has established jurisdiction. In such cases, the court becomes the sending agency and ICPC applies.

When Georgia is the sending/legal state, the county department shall request the court to sign Interstate Compact Placement Request (ICPC-100A) and to be listed on the form in the two sections regarding financial responsibility.

  1. If the court will not agree to retain jurisdiction or be identified as responsible for the placement, the county department “by order of the appropriate court”, can be listed in the section regarding responsibility.

  2. The county director or designee must sign the Interstate Compact Placement Request (ICPC-100A). Information in these cases may be limited.

  3. A cover letter, court order and any available information should be collated in three packets and forwarded along with the Interstate Compact Placement Request (ICPC-100A) to the ICPC office. A copy of the ICPC packet is to be uploaded into External Documentation in SHINES.

    An open child protective services case without a protective order is not subject to the Compact. Neither are protective services situations, which do not involve a court in another state for court-ordered supervision or placement. For such situations, the county department should respond directly to the agency making the request. If a Georgia family receiving child protective services leaves the state, the county department should send a request for services directly to the agency in the other state. Refer to the APWA Directory for addresses. Do not submit an Interstate Compact Placement Request (ICPC-100A).

Georgia Court as the Sending Agency

Typically, when a Georgia court becomes the sending agency, the situation involves relatives who are in dispute over placement plans for the child. ICPC does not apply to most divorce custody cases. If there is a third party involved other than the parents, ICPC may apply. When such situations arise, the Georgia ICPC Administrator will assist with clarification on these cases.

Placement with an Out of State Foster Home

Under special circumstances, an out of state foster home may be sought for placement of a child who is in the custody of Georgia DFCS. Relatives or non-relative foster homes may also be sought for children in need of placement. Follow the steps outlined below:

  1. The cover letter should request the receiving state to complete a foster home study.

  2. The request should provide the amount of per diem Georgia will pay, and ask the receiving state to accept this per diem rate for the family if the home is approved.

  3. An out of state non-relative may be considered for placement through the compact if there is reason to believe that this placement is in the best interest of the child.

  4. The child’s IV-E status should be documented when making this referral.

If parental rights have been terminated by a Georgia court and placement is sought with a birth family member, a foster home study will be requested rather than a relative home study.

Out of State Residential Placement (Group Home)

In rare instances, a child in Georgia DFCS custody may require an out of state group home placement. When such circumstances exist, a child may be placed in an approved out of state group home, childcare institution or basic IFC facility.

  1. A multidisciplinary team meeting must be held to discuss the recommendation to place a child in DFCS custody in an out of state group home to discuss the following:

    1. The rationale for considering such a placement;

    2. What in-state services and facilities were used or considered;

    3. Why in-state services are not being recommended;

    4. Any additional information required by the placement facility must be shared.

  2. Prior to initiating the ICPC procedures, obtain:

    1. Approval from the County Director;

    2. A waiver from the Regional Director and the Director of Foster Care Services.

  3. Upon receipt of the approved waiver, apply the referral procedures referenced in policy 16.3 Room Board and Watchful Oversight (RBWO): RBWO Placement Referral.

  4. Initiate ICPC procedures.

  5. When an out-of-state group home placement is recommended or made, the case plan shall comply with O.C.G.A. § 39-4-4, the Interstate Compact on the Placement of Children. Update the case plan to include the following:

    1. The recommendation of the multidisciplinary team and the rationale for such particular placement;

    2. Which in-state services or facilities were used or considered and why they were not recommended;

    3. Why the selected placement is in the best interest of the child.

Interstate Visits

An interstate visit is not considered a placement. Visits and placements are distinguished on the basis of purpose, duration, and the intent of the person or agency with court-ordered responsibility for planning for the child. An interstate visit shall not exceed thirty (30) days and is not subject to ICPC.

  1. The purpose of a visit is to provide the child with a familial, social or cultural experience of short duration, such as an overnight camp or visiting with a friend or relative who has not assumed legal responsibility for said child.

  2. A visit may not be approved or extended if the approval or extension exceeds thirty (30) days. A visit or proposed stay of longer than thirty (30) days constitutes a placement event, and must conform to ICPC regulations.

  3. If at the onset of a visit the stay does not have a planned ending date or if its duration is not clear, it shall be considered a placement or proposed placement and must comply with ICPC regulations.

  4. An interstate visit should not be authorized unless the visiting resource is found to be a safe environment for the child subject to the request.

    1. Home assessments and supervision are not required when children are visiting out of state.

    2. Request of, or receipt of a request for a home study or supervision made by a person or agency that sends or proposes to send a child on a visit must be explored with the person or entity to determine if the plan is for the child to remain with the visiting resource. Under such circumstances, ICPC regulations and policy apply.

Relocation of Family Units

A placement initially intrastate in nature becomes an interstate placement subject to the Interstate Compact on the Placement of Children (ICPC) when a child’s principal residence permanently relocates to another state, except as set forth herein.

  1. A request that the receiving state assess and approve the placement is mandatory.

  2. The sending state must retain legal jurisdiction for the child until approval to do so is provided by the receiving state.

  3. Assurance that a safe and stable placement is maintained for the child subject to court jurisdiction is the responsibility of both the sending and receiving states.

  4. Additionally, it is the intent of the Compact that services and supports for the child and placement resource are uninterrupted, that the placement resource and sending state comply with the requirements of the receiving state, and that both states comply with all applicable state and federal laws, rules and regulations.

  5. These guidelines apply to the relocation of a child and the placement resource where supervision is ongoing.

    1. A request for a home study solely for the purpose of a periodic assessment of the placement where there is no ongoing supervision are not addressed by this process and shall be a matter of courtesy between the states.

    2. The sending state has the option to contract privately for a periodic assessment of the placement.

Status Offenders Return to State of Residence

DFCS recognizes it’s responsible for the proper supervision or return of status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. Additionally, DFCS recognizes that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence.

Practice Guidance

N/A

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)