5601. Interstate Compact on the Placement of Children Placed Out-of-State

Approved by: Natalie Green, Assistant Secretary of Child Welfare Division

Effective Date: July 1984

Revised Date: July 1, 2024

Sunset Review: July 31, 2028

Purpose

To seek a safe and suitable placement resource and courtesy supervision for a Washington State child placed out-of-state through the Interstate Compact on the Placement of Children (ICPC).

Laws

Chapter 13.24 RCW Interstate Compact for Juveniles

Chapter 26.34 RCW Interstate Compact on Placement of Children

RCW 74.13A.125 Interstate Agreements for Adoption of Children with Special Needs-Adoption Assistance and Medical Assistance in State Plan

PL 109-239 Safe & Timely Interstate Placement of Foster Children Act

Policy

ICPC Out-of-State
1. Request and Approval Process
  1. An ICPC request and approval is required prior to:
    1. Sending a dependent child out-of-state for placement with the following:
      1. Biological parents - unless the court has found the parent to be fit and that placement with the parent is in the child's best interest.
      2. Relatives
      3. Foster home
      4. Adoptive home
      5. Residential program or group care facility.
    2. Sending children who are or may be Indian out-of-state if the Department of Children, Youth, and Families (DCYF) or the tribe has jurisdiction and would like to request an ICPC, per the Indian Child Welfare Requests and Payments for ICPC policy.
  2. Caseworkers must contact the Washington State probation or parole office when a child is on probation or parole to verify the applicability of Interstate Compact on Juveniles prior to submitting an ICPC request.
  3. Headquarter (HQ) ICPC must receive approval from the receiving state's ICPC Compact Administrator or alternate prior to a child's out-of-state placement.
  4. States may choose to contract out their ICPC home study or courtesy supervision services. Washington State cannot impose any restrictions on another state's decision to contract out for these services.
2. Placement
  1. Caseworkers must place a child in an out-of-state placement within six months of the placement approval date on the Interstate Compact on the Placement of Children (ICPC) Placement Request – 100A DCYF 15-092.
  2. DCYF maintains jurisdiction after a child is placed out-of-state and is responsible for the case work and financial obligations including medical and educational expenses.
  3. Caseworkers must request monthly health and safety visits from the receiving state.
  4. HQ ICPC receives Supervision Reports quarterly from the receiving state for a child in an approved parent, relative, foster or adoptive ICPC out-of-state placement. HQ forwards the report to the caseworker.
  5. A child placed out-of-state must return to Washington State within 5 business days if the receiving state requests return.
  6. Caseworkers must notify HQ ICPC if an ICPC violation has occurred and work diligently to come into ICPC compliance. Coming into compliance could include:
    1. Submitting an ICPC request to DCYF HQ.
    2. Returning a child to Washington State.
  7. HQ ICPC must maintain the ICPC record in FamLink.
  8. Written concurrence from the receiving state's ICPC office must be received prior to finalizing a permanent plan, changing a placement, or transferring custody.
3. Closing an ICPC
  HQ ICPC closes the ICPC case when any of the following occur:
  1. A permanent plan for the child is achieved which occurs only after a period of supervision, placement stability and by agreement of the receiving state's ICPC office.
  2. A child is no longer placed in an approved placement.
  3. An approved ICPC placement will not be used.

Procedures

ICPC Out-of-State
1. Request and Approval Process
  1. Caseworkers must submit a completed Interstate Compact on the Placement of Children (ICPC) Placement Request – 100 A DCYF 15-092 form with supporting documents (See checklist located on the ICPC page on the Intranet) to HQ ICPC.
  2. HQ ICPC reviews and forwards the ICPC packet to the receiving state.
  3. Caseworkers must:
    1. Receive the following from HQ ICPC before placing a child out-of-state.
      1. An approved Home Study (not required for residential/group care).
      2. Approved and signed Interstate Compact on the Placement of Children (ICPC) – 100A DCYF 15-062 form.
    2. Review the receiving state's home study to determine whether it adequately evaluates the safety, suitability, and competence of the caregivers. Note: home study requirements vary in each state and are completed according to the laws and regulations of the receiving state, e.g., fingerprint based background checks for relative placements are not completed in every state.
    3. May resubmit a placement request to HQ ICPC if the placement request is denied and the reasons for denial have been corrected. The receiving state may, at its discretion, accept the new request.
    4. Submit the Interstate Compact on the Placement of Children (ICPC) Report on Child’s Placement Date or Change of Placement - 100B DCYF 15-093 form if the approved placement will not be used.
2. Placement
  1. Caseworkers submits the Interstate Compact on the Placement of Children (ICPC) Report on Child’s Placement Date or Change of Placement - 100B DCYF 15-093 form within 5 business days of placement to HQ ICPC.
  2. HQ ICPC forwards the 100B form to the receiving state.
  3. Caseworkers:
    1. Are responsible for travel as outlined in the Approving Client Travel Transportation Activities policy.
    2. Must initiate foster care payment for a child placed in an approved foster placement.
  4. HQ ICPC forwards quarterly supervision reports for parent, relative, foster and adoptive homes to the caseworker.
  5. Caseworkers must:
    1. Contract for health and safety visits for children in group care or as otherwise required and not provided.
    2. Review supervision reports to assist in case planning, and to initiate any services that would benefit the placement.
    3. Coordinate with their regional contracts manager to initiate and pay for services out-of-state.
    4. Notify HQ ICPC if an ICPC violation has occurred and work diligently to come into ICPC compliance. This could include:
      1. Submitting an ICPC request.
      2. Returning a child to Washington State.
    5. Request written concurrence through HQ ICPC. Concurrence only occurs after a period of supervision and placement stability.
3. Closing an ICPC
  1. Caseworkers must:
    1. Receive concurrence from the receiving state ICPC office, completes the permanent plan and submits the 100B and appropriate court order to HQ ICPC.
    2. Submits 100B when a child returns to Washington State, the approved placement is not utilized, or a child is no longer in the approved ICPC placement.
  2. HQ ICPC forwards the 100B and court order to the receiving state ICPC office to close the compact agreement.