A compact is a legal agreement among persons, nations, or states. An interstate compact creates a contract among states. Each state legislature must adopt, verbatim, the compact language. This uniformity assures that the compact's provisions are the same in every state that has enacted it.

9010 Interstate Compact of the Placement of Children (ICPC)

All 50 states, the U.S., Virgin Islands, and the District of Columbia are members of the compact. Kansas joined the compact in 1976. It is the policy of this state to cooperate fully with other states in complying so no children are sent or brought into any other party state, unless the sending agency complies with each and every requirement.

A. Purpose of the Compact:

1. The primary purpose of the compact is to protect children and to assure their safety by establishing prior to placement of the child that a certain minimal level of care and protection is afforded a child.

2. It provides a mechanism whereby the proposed placement or facility receives information about the child prior to placement and enables them to make an informed decision as to whether the child would fit well into their family or facility.

3. It provides a certain amount of protection to the sending state by minimizing the risk that the placements are unsuitable or that they will deteriorate after placement.

4. It enables the receiving state to refuse placement in those situations where the safety and well being of the child is questionable.

B. Articles of the Compact

Summary of Articles: The Articles of the Compact are found in KSA 38-1201 et seq. The legislative intent is as follows:

1. Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

2. The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

3. The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

4. Appropriate jurisdictional arrangements for the care of children will be promoted.

9100 Summary of the Regulations of the Compact

9101 Regulation 1

(a) The Compact applies when a child residing in a parent, relative, foster or adoptive home, moves with the family to another state prior to permanency being achieved.

(b) For the placement initially intrastate, the investigation pursuant to Article III shall only be for the purpose of determining whether any special needs which the child may have cannot reasonably be met in the community or area where the interstate placement is to be made. Nothing prevents the receiving state from monitoring the placement and notifying the sending agency of any change in circumstances and conditions of the placement which affect or may affect its suitability.

(c) A person or agency making the placement should inform the person or persons with whom the placement is made that moving to another state will convert that placement to an interstate placement and the Compact will apply.

9102 Regulation 2

(a) This regulation clarifies the responsibilities of Programs of public or private agencies in which children are placed in family homes as an incident to their attendance at schools in communities in other state or foster care placements within the meaning of the compact. The homes provide child care and supervision during the time when the child is not in attendance in school. These homes do not fall within the educational exception in Article II (d).

(b) The regulation further clarifies the responsibilities and procedures related to licensure and interaction with the Compact.

9103 Regulation 3

(a) "Placement" as defined in Article II (d) included the arrangement for the care in the home of their parent, other relative, or non-agency guardian in a receiving state when the sending agency is an entity other than a parent, relative, or non-agency guardian making the arrangement for a case as a plan under Article VIII (a) of the Compact.

(b) "Conditions for placement" apply to any placement as defined in Article II(d) and Regulations.

(c) Article VIII (a) applies only to the sending or bringing of a child into a receiving state to a parent or other specified individual by a parent or other specified individual whose full legal right to plan for the child has been established by law at the time prior to initiation of the placement arrangement, and has not been voluntarily terminated, or diminished by the action of any Court.

9104 Regulation 4

Regulation 4 further clarifies those various classes of institutions in Article II (d).

(a) "Primary educational institution" operates programs where the primary purpose of accepting children is to meet their education needs and which; (1) does not meet responsibility for the entire year; (2) does not provide child care constituting nurture sufficient to substitute for parental supervision and control of foster care; (3) does not provide any other services except for customarily regarded as extracurricular school activities.

(b) "Hospital" means an institution for the acutely ill which discharges its patients when they are no longer ill. A hospital's primary purpose is for treating an acute medical problem.

(c) "Institution for the mentally ill or mentally defective" provides medical care and treatment, psychiatric care and treatment, corrective, therapeutic or rehabilitative treatment for mentally ill or developmentally challenged persons.

The type of license held by an institution is evidence of its character, but applicability of the Compact is to be determined by the services it actually provides or offers to provide.

9105 Regulation 5

(a) This regulation established the responsibility of each state to establish a procedure by which all Compact referrals from and to the state shall be made through a central Compact Office. The Compact office shall also be a resource for inquiries into requirements for placement into the state for children who come under of this Compact.

9106 Regulation 6

The approval to place is valid during a period of six (6) months commencing on the date when the receiving state compact administer signs the ICPC 100A. Once the placement is made, it may continue until one of the events listed in Article (a) causes its termination.

9107 Regulation 7

A. ICPC Priority Placement Request

ICPC Regulation 7 establishes ICPC procedures for priority out-of-state placement of children. To establish a Priority Placement Request, the court, upon request, or on its own motion, determines that a proposed priority placement of a child from one state to another is required.

The court order is not valid unless it contains a specific finding that the following circumstances apply AND sets the facts on which the court based its finding.

(1) Requirements For Priority Placement (Relative Care Only)

There are two conditions in which you may use to request an expedited home study. To request a priority placement under Condition I, request is usually the initial (first) home study referral sent to the Kansas ICPC, and must be a parent, grandparent, adult brother, adult sister, aunt or uncle. One of the following must apply and be noted in the court order:

Condition I

1. The child is less than two years of age; or

2. The child is in an emergency shelter; or

3. The child has spent a substantial amount of time in the home of the proposed recipient. (It must be documented in the court order how the judge reached this determination.)

Or you may use:

Condition II

1. If you have already submitted a home study request to Kansas ICPC, the receiving state has 30 working days (60 calendar days) to assign and complete the home study and forward a decision on to the Kansas ICPC office.

2. If the Kansas ICPC office has not received a decision and home study from the receiving state within the mandated time frame, you may petition your court to sign a Regulation 7 court order. It must be documented in the order the reason for the expedited home study request using Condition II.

3. Before petitioning the court for this Regulation 7 order, please verify with the Kansas ICPC office that this information has not been received or that explanation of delay has not been received and placed in the file.

The court, upon request, or on its own motion, determines whether a proposed Priority Placement of a child from one state to another is required.

B. Procedures for Regulation 7

1. The sending state shall determine if the case meets the criteria for Regulation 7. The same procedures and documentation are required, that are required for all other ICPC referrals.

2. The social worker completing the referral for the sending agency shall:

a. Note in the cover letter accompanying the ICPC referral that it is a Regulation 7 referral;

b. Explain the conditions which require a priority placement;

c. Send three (3) copies of the court order ordering a priority placement under Regulation 7;

d. Complete the ICPC 101(Sending State Placement Request) for Referral and route to the Kansas ICPC Compact Specialist.

C. Time Frames for Regulation 7

The following time frames are applicable to the sending state for all Regulation 7 priority placements:

1) The court has two (2) working days to forward the Regulation 7 court order to the local sending office.

2) The local sending office has three (3) calendar days to complete the required forms and documentation and forward to the sending state's ICPC compact administrator.

3) The sending state's ICPC specialist has two (2) working days to process the material and send it to the receiving State's compact administer.

4) On the day the placement decision is received from the receiving state, the sending state ICPC compact specialist shall forward the placement decision by fax to the local sending agency.

5) If the placement is approved by the receiving state the local social worker may proceed with placement planning the SAME working day.

6) If Kansas is the receiving state, the state has twenty (20) working days to assess the family and approve or deny the placement.

7) The receiving state's compact specialist has two (2) working days to forward the request to the local office for service.

8) The social has eighteen (18) working to complete the family assessment and forward it to the compact specialist in their state. (See Appendix 9C for suggested family assessment guideline).

9) The social worker in the receiving state shall inform their compact specialist in writing or by e-mail, within two (2) working days that the prescribed time frames cannot be met, the reasons for the delay and projected time frames for when the assessment will be completed.

10) The compact specialist has one (1) working day to forward the ICPC 100A, along with the completed family assessment, if approved, to the sending states compact administer.

D. Failure of Receiving State to Comply with a Regulation 7 Request

If the receiving state compact specialist fails to complete actions in the established time frames,
the court which issued the court order, may inform the appropriate court in the receiving state, provide them with the relevant documentation and request their assistance. Within its jurisdiction and authority in the receiving state, the court may render such assistance and issue appropriate orders requiring compliance to Regulation 7.

9108 Regulation 8 Change of Placement Purpose

This regulation authorizes the use of the 100B to be prepared and sent with accompanying instructions to show a change in an existing placement, e.g. from foster care to pre-adoption even though the placement recipient remains the same. If however, the receiving state requests a new ICPC 100A, it should be provided by the sending agency and transmitted in accordance with usual procedures for processing.

Note: Kansas requires a new 100A along with supporting documentation whenever a placement change is made.

9109 Regulation 9 Definition of a Visit

a) Interstate Compact on Placement of Children distinguishes visits and placement on the basis of purpose, duration, and the intention of the person or agency responsible for planning for the child.

b) The purpose of a visit is to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for placement.

c) It is understood that a visit for twenty-four (24) hours or longer will necessarily involve the provision of some services in the nature of child care by the persons with whom the child is staying. The provision of these services will not, of itself, alter the character of the stay as a visit.

d) If a child's stay is intended to be for no longer than thirty (30) days and if the purpose is as described in above paragraph b), it will be presumed that the circumstances constitute a visit rather than a placement.

e) A stay or proposed stay of longer than thirty (30) calendar days is a placement or proposed placement, except that a stay of longer duration may be considered a visit if it begin and ends within the period of a child's vacation from school as ascertained from the academic calendar of the school. A visit may not be extended or renewed in a manner which causes or will cause it to exceed thirty (30) calendar days or the school vacation period, as the case may be. If a visit does not have a determined termination date or if the duration of the visit is questionable because of the circumstances, it shall be considered a placement or proposed placement and not a visit.

f) A request for a home study or supervision made by the person or agency which sends or proposes to send a child on a visit will conclusively establish that the intent of the stay or proposed stay is not a visit but a placement. A visit as defined in this regulation is not subject to the Interstate Compact on the Placement of Children.

g) Words and phrases used in this regulation have the same meanings as in the Compact, unless the context clearly requires another meaning.

(This regulation was first adopted April 26, 1983, by resolution of the Association of Administrators of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting of April, 1999.)

9110 Regulation 10 Guardian

A. Definition of Guardian:

As defined in the Interstate Compact on the Placement of Children (ICPC) and in this Regulation:

1. Guardian means, a public or private agency, organization, or institution which holds a valid and effective appointment from a court of competent jurisdiction to have custody and control of a child, or plan for the child, and to do all other things for or on behalf of a child which a parent would have authority and responsibility for doing by virtue of an unrestricted parent-child relationship. Guardian also means an individual who is non-agency guardian as defined in subparagraph B, here of.

2. Non-agency guardian means, an individual holding a currently valid appointment from the court of competent jurisdiction to have all the authority and responsibility of a guardian as in paragraph A., hereof.

3. An individual with whom a child is placed as preliminary to a prospective adoption, cannot be considered a non-agency guardian of the child, for the purpose of determining applicability of ICPC to the placement, unless the individual would qualify as a lawful recipient of a placement of the child without having to comply with ICPC as provided in Article VIII (a) hereof.

B. Effect of Guardianship on ICPC Placements

1. An interstate placement of a child with a non-agency guardian, whose appointment to the guardianship existed prior to consideration of the making of the placement, is not subject to ICPC if the sending agency is the child's parent, stepparent, grandparent, adult brother or sister, or uncle or aunt.

2. An appropriate court of the sending agency's state must continue its jurisdiction over a non-exempt placement until applicability of ICPC to the placement is terminated in accordance with Article V(a) of ICPC.

C. Permanency Status of Guardianship:

1. A state agency may pursue a guardianship to achieve a permanent placement for a child in the child welfare system, as required by federal or state law. In the case of a child who is already placed in a receiving state in compliance with ICPC, appointment of the placement recipient as guardian by the sending state court is grounds to terminate the applicability of the ICPC when the sending and receiving state compact administrators concur on the termination pursuant to Article V (a). In such an instance, the court which appointed the guardian may continue its jurisdiction if it is maintainable under another applicable law.

2. If, subsequent to the making of an interstate placement pursuant to ICPC, a court of the receiving appoints a non-agency and the receiving state concur in the discontinuance of the application of ICPC to the placement. Upon concurrence of the sending and receiving states, the sending agency and an appropriate court of the sending state shall close the ICPC aspects of the case can the jurisdiction of the sending agency pursuant to Article V(a) of the ICPC shall be dismissed.

D. Guardian Appointed by Parent

If the statutes of a jurisdiction so provide, a parent who is chronically ill or near death may appoint a guardian for his or her children, which guardianship shall take effect on the death or mental incapacitation of the parent. A non-agency guardian so appointed shall be deemed a non-agency guardian as that term is used in Article VIII (a) of ICPC, provided that such non-agency guardian has all of the powers and responsibilities that a parent would have by virtue of an unrestricted parent-child relationship. A placement with a non-agency guardian as described in this paragraph shall be effective for the purposes of ICPC without court appointment or confirmation unless the statute pursuant to which it is made otherwise provides and if there is compliance with procedures required by the statute. However, the parent must be physically present in the jurisdiction having the statute at the time he or she makes the appointment or expressly submits to the jurisdiction of the appointing court.

E. Other Definitions of Guardianship Unaffected

The definitions of guardian and non-agency guardian contained in this regulation shall be construed to affect the meaning or applicability of any other definitions of guardianship or non-agency when for purposes or to circumstances not having a bearing on placements proposed to be made or made pursuant to ICPC.

(Words or phrases used in this regulation have the same meaning as in the Compact, unless the context clearly requires another meaning. This regulation is adopted pursuant to Article VII of Interstate Compact on the Placement of Children at its annual meeting of April 1999).

For additional information regarding ICPC regulations http://icpc.aphsa.org/document.asp

9120 Placements Subject to ICPC

The following placements require prior approval by the receiving state before a child can be placed:

A. Reunification with the birth parents(s) when the court has jurisdiction over the child to be placed. This will provide information to the court and will allow the receiving state to provide services upon placement.

B. Placement with relatives whenever the court has jurisdiction of the child to be placed.

C. Placement with a child with a non-related person (foster care). This provision is applicable whether or not there is a court jurisdiction. If there is no court involved, there's no foster care.

D. Placement in a residential treatment facility. All facilities must be licensed by the state in which they are located.

E. Placement with an adoptive family.

9130 Placements Not Subject to ICPC

Under the following circumstances the ICPC is not required:

A. Birth parent to birth parent when there is no court jurisdiction over the child to be placed.

B. Birth parent to relative when there is no court jurisdiction. The following relatives may place or receive a child across state lines without ICPC approval:

parents(s)
step-parent
grandparent
adult sibling
adult aunt or uncle
legal guardian

C. Relative to relative when there is no court jurisdiction over the child. The same relatives as noted above have such authority.

D. Placement of a child by parents or relatives into boarding schools.

E. Placement of a child in a public or private hospital, psychiatric hospital or medical facility; providing the hospital is not licensed as a residential treatment center. (If that is the situation, approval through ICPC is required.)

F. Divorce and/or custody investigations or family assessments related to divorce.

G. International Adoptions when the Office of Immigration and Naturalization Services (INS has issued an IR-E visa for the child.

H. The child is being adopted in his/her country of residence.

I. The consent to adopt has been issued by the child's country of residence or foreign agency having custody and guardianship and no state side agency has custody.

J. Services requested through International Social Services or any branch of its overseas offices.

K. Youth in Job Corps.

L. Youth in the military.

M. Placements by a Native American Nation or Tribe within a territory controlled by a Native American Nation or Tribe.

9200 ICPC referrals from Kansas to other states (Kansas as the sending state)

Referrals of children in SRS custody served by CWCBS Family Preservation/Reintegration Foster Care or Adoption provider shall be completed by the provider agency and forwarded to the Kansas ICPC office.

9210 The Referral Packet

A comprehensive referral packet is required. An incomplete referral packet results in a delay in the ICPC process. Complete information allows the receiving state to assess the prospective placement family's ability to care for the child's (children's) specific needs. Likewise, this information will aid the family in making an informed decision regarding their ability to care for the child.

The Kansas compact administrator (acting as either the sending state or the receiving state) may request additional information on the child. Any information sent to the Kansas ICPC office, shall be sent in triplicate. The Kansas ICPC office, retains one copy for their file, and sends two copies on to the other state.

The referral packet for parent, relative, foster care, and residential placements must include the following:

1. The ICPC 100A (CFS-4013) Interstate Compact request form shall be completed for each child. This form has six duplicate pages. The provider retains the last copy, and the other five are attached to the referral. This form is used to request and approve all placements from Kansas.

Three copies of each of the following shall be enclosed in the referral packet.

2. A comprehensive cover letter explaining the child's situation and the reasons for requesting placement with a family in another state. Special needs or specific issues that need to be addressed with the family shall be noted.

3. Social history to include child's current functioning, special needs, the reason the child entered SRS custody and as much information on the birth parents and siblings as possible. (See Appendix 3A for suggested social history outline.)

4. Journal Entry/Court Order signed by the judge granting custody to SRS. (If these documents are not signed, they will be returned to the provider for the judge's signature.) Include a copy of the initial custody order and a copy of the most recent court order (within the past year) showing continued custody.

5. Case plans, the initial and most current.

6. CFS 4018, Financial/Medical plan form, shall be completed by the SRS worker or the provider with the assistance of the SRS worker.

7. Copy of birth certificate. If birth certificate is not available, include copy of birth certificate application and forward copy of original birth certificate, upon receipt.

8. Copy of social security card or written verification of social security number from Social Security Administration. If child does not have a social security card, attach a copy of the application verifying that a social security card has been requested. Forward copy of original social security card, upon request.

9. If available, include child's medical history, including immunization records, psychological reports, school records.

10. Referrals for public adoptions shall include the documentation required in above section 9210.1 thru 9210.9 and the following:

a. Background information, YA 2300 Part I, II, and III forms shall be completed by the birth parents. However, if the birth parents are unavailable, the provider may complete and sign these forms and send an affidavit explaining that birth parents were unavailable to complete the forms.

b. Voluntary relinquishment signed by birth parents and accepted by SRS or a journal entry terminating parental rights signed by the judge.

c. Journal Entry documentation reflecting compliance with the Indian Child Welfare Act.

d. If applicable, adoptive resource home study completed prior to the ICPC adoption request. Requests will be forwarded to the receiving state requesting an updated case specific adoption home study.

If a pre-approved adoptive family is moving out-of-state, include the previous adoptive home study in the referral.

Should the child become free for adoption after ICPC has already been initiated, a new 100-A shall be completed requesting an adoptive home study. Attach three copies of the new case plan and legal documentation indicated above and forward to Kansas ICPC.

9220 Visits

A worker may send a child on a visit to another state prior to ICPC being involved, but consideration for the safety of the child is first and foremost, and risk is high if there has not been checks, a walk through, or home study completed by the receiving state prior to the visit.

If a worker plans to send a child on a visit with a resource presently being assessed for placement through ICPC, notify CFS/Central Office, ICPC Specialists, through the workers regional ICPC liaison two weeks in advance, if possible. CFS Central ICPC specialist will notify the receiving state as a courtesy and ask for a response. Should the receiving state not approve a visit, CFS/Central Office will notify the worker's regional liaison upon receipt.

Note: Visits must have a beginning and ending date and last no longer than 30days.

9230 CWCBS Provider Responsibilities as the Sending State

The CWCBS provider assumes all financial responsibility including the following:

Foster care payments
SSI, social security, or any benefits paid to the state on behalf of the child
Services not covered by the medical card in the receiving state

Other provider responsibilities include:

Case management
Preparation of reports to the court
Reintegration services
Travel arrangements and costs for disrupted out-of-state placements returning to Kansas

Note: A foster or relative family may elect not to receive financial reimbursement for the child, but the provider shall offer such payments to the family when they are being considered as a placement resource.

Note: Some states allow relative families to apply for temporary assistance to families in their state of residence. Check with Kansas ICPC for specific state information.

Note: SRS is responsible for paying adoption assistance if the child meets the eligibility criteria of Kansas.

9231 Appointed CWCBS Liaison Responsibilities

The CWCBS ICPC liaison staff shall monitor all time-lines regarding the ICPC process and cases assigned to their case manager staff to assure that all required services are being provided.

A. The CWCBS liaison staff shall:

1. Ensure that all placements made in other states are in compliance with the Compact procedure.

2. If a staff person learns of a placement of a child in another state which was made in violation of the compact, the CWCBS liaison staff shall notify the appropriate Kansas ICPC specialist for resolution. If issues are not resolved, the Kansas Deputy Compact Administer (DCA) may be contacted.

3. Ensure that all case managers assist the court in adhering to ICPC requirements. The Guardian Ad Litem or CWCBS attorney or CFS regional attorney or prosecutor may be helpful if kept informed.

4. Ensure ICPC approval from the receiving state is received prior to allowing the child to be placed in another state and prior to requesting consent to adopt. The approved 100A (CFS 4013), Interstate Compact Placement Request from must be received by the liaison in order to be in compliance. The 100A is a legal binding contract between both states while services are provided.

5. Notify the appropriate Kansas ICPC specialist and CWCBS provider attorney immediately per local procedures if the court orders placement of a child into another state without prior ICPC approval.

6. When the placement of a child in another state has been made, the liaison shall complete the 100B form to confirm the date of placement and then forward it to the Kansas Interstate Compact office within 3 days of placement. The Receiving state will not provide supervision or services until they have received a completed 100B form that confirms the placement has occurred.

7. Neither the CWCBS ICPC liaison, SRS, or CWCBS staff are to contact the Compact Administrator in the receiving state. If it is warranted the responsible individual shall request the Kansas ICPC specialist to negotiate and resolve issues. The Deputy Compact Administrator (DCA) will be contacted by the ICPC specialist should further assistance is required.

B. CWCBS Case Manager or designee shall:

1. Prepare the ICPC referral packet.

2. Forward referral packet to regional CWCBS ICPC liaison for review and signature.

3. The CWCBS liaison will then forward the packet to the Kansas ICPC office.

4. Provide ongoing planning for the child and return the child if necessary.

5. Maintain financial responsibility.

6. Make travel arrangements to place the child (and return the child if necessary).

7. Complete the 100B form showing the date placement was made or change in placement status, and forward it to the CWCBS ICPC liaison. This is required for the receiving state to begin supervision.

8. Ensure receipt of progress reports as requested on the 100A.

9. Request status report of home study or progress report by email to their ICPC liaison. The liaison will forward it to the Kansas ICPC office for follow up with the receiving state.

10. Coordinate with SRS for verifications needed for financial planning (IV-E eligibility) and referrals for the Interstate Compact on Adoption and Medical Assistance (ICAMA) when the child is placed for adoption and has a signed adoption assistance agreement.

11. When permanency is achieved, send 100B and the three (3) copies of the Decree of Adoption or appropriate court order to the ICPC liaison, who will forward it to the Kansas ICPC office.

12. Any travel expense for sending or returning of the child will be the financial responsibility of the CWCBS provider.

9240 SRS Regional Responsibilities

A. If the child is placed out-of-state provide the CWCBS provider with documented verification of IV-E by completing the CFS 4018, Interstate Compact Financial/Medical Plan.

Note: the CFS 4018 form must be included in all referral packets.

B. SRS CFS regional attorney and/or Central Office will assist the Kansas ICPC office with legal issues pertaining to the ICPC and the court.

9250 Retention of Court Jurisdiction

a. The court may not discharge jurisdiction based solely on the fact that child has moved to another state. This jurisdiction must remain in effect until the child is: legally adopted, reaches the age of majority in the receiving state or permanent guardianship/custodianship granted by the court, and the receiving state is in agreement.

b. The court also has the power to order the return of the child back to the sending state or transfers the child to another location or custody.

9300 ICPC Referrals From Other States to Kansas (Kansas as the Receiving State)

SRS or designee is responsible for providing services for children who are in the custody of another state, or jurisdiction of a court. All requests for services are routed by the sending states compact office to the Kansas compact office. A review of the packet will be completed to ascertain if the request is in compliance with the compact. The Kansas compact specialist approves or denies all placements coming into Kansas.

9310 Regional SRS Staff Responsibilities

a. Upon receipt of the ICPC referral, the SRS regional liaison shall assign a worker within one (1) calendar day.

b. The SRS regional worker or designee shall complete the family assessment using the ICPC Home Study Guideline in Appendix 9 C. The assessment should include a clear recommendation for placement. The worker shall forward three (3) copies of your report to the Kansas ICPC office. Refer to Section 9400 for timeframes for processing and completing home studies.

c. Obtain KBI and Central Registry checks on all individuals over the age of 10. Due to Adam Walsh legislation, FBI fingerprint checks are required of all adult household members age 18 years and over when completing foster and adoptive home studies. Central Registry checks shall be completed for all states in which the family has lived within the past five years.

d. If the family is being approved for relative foster care or non-relative foster care, the worker will assist the family in completing the licensing packet which would have been included in the referral packet.

e. If a request is received to complete a relative home study and the family assessed is an appropriate resource placement, but would require foster care payments due to their present income, make this very clear in the recommendation. The family will need to agree to be licensed before this recommendation can be made. Alert the Kansas ICPC office immediately so the sending state can complete a new 100A. Upon receipt of the home study and recommendation for placement, the Kansas ICPC specialist will make a placement decision and forward the signed 100A and home study to the sending state.

f. Upon receipt of the 100B confirming placement, contact the family within 3 calendar days to arrange supervision and to provide services for the child and the family.

Note: Specialized services which must be purchased shall be paid for by the sending agency.

g. Provide three (3) copies of the progress reports as requested on the CFS 4013 (100 A) form. All reports shall be sent to the Kansas ICPC office for forwarding to the sending state's ICPC office.

9400 Safe and Timely Interstate Placement of Foster Children Act of 2006 (P.L. 109-239)

The new law requires states to evaluate the home environment in accordance with applicable requirements of the state in which the family resides.

Time Frames for Processing and Completing Home Studies:

a) All home study requests (parent, relative, foster care or adoption) shall be completed and reported to the ICPC office via email within 28 calendar days from the date the request is received by the Kansas ICPC office. The due date is indicated on the notification sent to the field with the packet. Adoptive and foster care home studies completed and provided to the sending state within 30 calendar days from the date the request is received by the Kansas ICPC Office are eligible for incentive payments from the federal government. If the 30 day due date cannot be met, it will be subject to the 60 calendar day due date.

b) If the family cannot meet the requirements after checking KBI and CANIS or they are not interested in placement, complete a report and send it to the Kansas ICPC office by the due date.

c) A foster care or adoption home study as defined by the new federal law is not the same as the full home study requirements as defined within the State of Kansas. In order to meet the established time frames and to be in compliance with the law, the home study is a report of the home environment (using the home study outline) including KBI/CANIS checks. Full approval and recommendation for placement will occur once the family has completed all requirements including PS MAPP, if applicable.

d) If the home study cannot be completed within the prescribed time frames above, the Kansas ICPC specialist shall be notified via email stating the reasons for the delay and request approval for additional 15 days.

e) Upon completion of all requirements including PS-MAPP, the home study, supporting documents, and a placement recommendation, must be submitted to the Kansas ICPC Specialist for approval.

f) The Kansas ICPC Specialist will notify the sending state of pending home study approvals and/or delays.

g) Conditional approvals (unless all the requirements have been met) will not recommend placement. Full approval and recommendation for placement will be submitted upon completion of all home study requirements.

h) Placements must be made within six (6) months from the date the ICPC 100A, Interstate Compact Placement Request is approved and signed by the compact administrator in the receiving state.

i) The SRS worker should notify the Kansas ICPC office when placement has not been made and the home study has expired (six months). Upon notification, Kansas ICPC will close the case.

j) Assessments completed for a foster family may be accepted within the time frame reflected on the foster home license, if the family remains in the same home.

k) If the family moves to another location in the same state, the home needs to be reassessed to assure it meets licensing standards.

l) At anytime the family's composition changes or a significant event occurs, for example: new individuals are added to the family or family member leaves the household, the loss of a job or illness, the family assessment must be updated.

Note: Either the Kansas compact administrator or the compact administrator in the sending state may request additional information before approving or denying the placement. Approval by the receiving state does not assure that the placement will take place. The sending state (state with custody) makes the final placements decision.

9500 Border State Agreement

Kansas has entered into a border state agreement with the state of Missouri to facilitate the timely completion of family assessments. Contact the Kansas ICPC Office for more information about the border state agreement.

9600 Interstate Compact on Adoption and Medical Assistance (ICAMA)

The Interstate on Adoption and Medical Assistance is an agreement between states that allows for the uniform provision of Medicaid for children with federally funded adoption subsidy agreements who move from one state to another. The majority of states are willing to also provide Medicaid coverage to children approved for state-only subsidy. Kansas is one of those states. States will also reciprocate for Title IV-E eligible foster children. (See Appendix 9-A for a list of member states and a list of states which will reciprocate Medicaid coverage for state only subsidy children.)

Note: Since new states continue to be added to the compact, contact the ICAMA administrator at Children and Family Services to ascertain if a specific state not listed is a member of the compact.

9610 Procedures for Kansas Children Moving to Another State

Upon notification that a Kansas Child with a Kansas Adoption Assistance Agreement is moving to another state, the SRS regional worker shall compile a ICAMA referral packet consisting of the following forms:

1. A completed 6.01(CFS 4010)-Notice of Medical Eligibility/Case Activation, form .

2. A completed 6.02-Notice of Action, form.

3. A copy of the completed and signed Adoption Assistance Agreement (YA -9304).

4. Compile the 6.01, 6.02, & 4022 in triplicate and send the packet to CFS Central Office ICAMA administrator. The packet upon receipt and review will be forwarded to the family's residing state. DO NOT FAX the forms.

Note: Incomplete forms will be returned to the SRS regional worker.

5. Send the parents a copy of the 6.01 & 6.02 to inform them that the necessary steps have been taken to facilitate approval of Medicaid in the new state of residence and the issuance of a medical card.

6. The new residing state will forward the first residing state a 6.03 form confirming that Medicaid services have been approved. When the first residing state receives confirmation (6.03) that the child has been approved for Medicaid services in the family's new residing state, the SRS regional worker will close the Kansas Medicaid case.

9620 Requirements of Foster or Adoptive Parents

1. Notify their SRS social worker responsible for their subsidy case that they are moving to another state.

2. Contact the local public welfare office in their new state of residence and advise them of the need for Medicaid services in behalf of the child. (Parents should take a copy of the adoption subsidy agreement and the 6.02 and proof of the child's American citizenship).

Note: The child cannot receive Medicaid services from more than one state.

3. Advise the Kansas SRS regional worker if they are experiencing difficulties with their new state of residence in getting a Medicaid card issued for their child.

4. The SRS regional worker should contact the Kansas CFS ICAMA administrator and request their assistance in resolving any problems with the other state.

Note: If SRS agreed to provide specific medical services on the adoption agreement, and these services are not covered by the new state of residence Medicaid plan, Kansas shall continue to be liable for payment of these services. Kansas also continues to be responsible for the case subsidy as per the subsidy agreement.

9630 Procedures for Out-of –State Children Moving to Kansas

a. The Kansas ICAMA administrator will upon receiving an ICAMA referral from another state indicating that a child is moving to Kansas, forward the ICAMA referral to the SRS regional office where the family resides.

b. The SRS regional worker will facilitate the Medicaid approval and the issuance of a Medicaid card for the child.

Note: The subsidy agreement signed in the other state is the basis for eligibility and no other determination is required.

c. When the Kansas Medicaid card has been opened, the SRS regional worker shall forward the ICAMA 6.03 form to the CFS ICAMA administrator to confirm that the Kansas Medicaid card has been issued.

d. The CFS ICAMA administrator shall forward a copy of the Kansas ICAMA 6.03 form to the original state's compact office to confirm that the Kansas medical card has been issued and the original state can close their Medicaid case.

9700 Recording Intake Action for ICPC Requests

ICPC requests from other states are recorded on BEGN, ROLE, and SORT with codes for requesting services (Y) and "ICP" as the report type. All individuals are coded on ROLE as family (FAM). Individuals to include on ROLE and EVRL are:

A. Adults listed on the ICPC 100A, Compact Placement Request Form, (this is the CFS-4013 form) for which the home study is being completed, and;

B. Child(ren) involved in the request, even if they are not yet living with the relative.

9710 Case Opening

After the ICPC event is screened in, a FACTS case establishing household members and children involved in the request is opened. Relationships for all family members shall be established on RELS.

9720 Recording Assessment Tools

Record on MAAS that a home study (HMS) was a tool engaged with this case. The presenting situation is ICP. The Work Start Date and Time is when the worker first attempted to contact family; per letter or log note. The Initial End Date is the date the home study was sent to the Kansas ICPC Administrator in Central Office.

9730 Recording Case Findings

No maltreatment findings are recorded on FIND in FACTS for ICPC referrals. Decisions regarding whether or not to provide services to the family are recorded on the top half of the FIND screen.

A. Decision Regarding Placement of Child(ren) in Kansas

Upon receipt of ICPC 100A from Kansas Compact Administrator to approve or deny the permission to place the child, FIND is entered in the following manner:

Case Conference Date: Date ICPC 100A is received from ICPC Central Office
Presenting Situation: ICPC
Service Decision Type: DS (denied services) if outcome is not to place, or PS (provide services) if decision is permission to place the child.

9800 Requests for Courtesy Supervision of ICPC by Sending State

A new event is recorded to document the request for courtesy supervision if the case was closed in between the request for home study and the request for placement. If the case was closed waiting for ICPC approval, the status is changed to open. Case plans and corresponding responsibilities and client specific information are maintained in FACTS.

9810 Recording Intake Action

ICPC courtesy supervision requests from other states are recorded on BEGN, ROLE, and SORT with codes for requesting services (Y) and "ICP" as the report type. Report Date and Time is the date the letter is received in Kansas indicating placement, and 12:00 am. Occurrence Date and Time is the date on ICPC 100B or letter received advising of the placement, and 12:00 am or time on the facsimile transmittal. The Presenting Problem is ICP. All individuals are coded on ROLE as family (FAM). Individuals to include on ROLE and EVRL are:

A. Adults listed on the ICPC 100A (CFS-4013) for which the home study is being completed, and;

B. Child(ren) involved in the placement

9820 Case Opening

If necessary, reopen the case with the date of first contact with family subsequent to placement. If any child on CASE screen from the previous home study is not placed, remove them from the case by entering an "X" on ROLE type on the CASE screen for the child(ren). On MACL, enter the Reason Left as "LAF" (living with other family). Update any relationships (RELS) as needed.

9830 Recording Plans

Establish a family plan (FP) type for each child(ren) placed from the other state. The Plan and Goal Start Date is the date the agency first made contact with the family after the children were placed in Kansas. The goal type for each member is maintain within family ( MFM).

9840 Recording Services

At least one service responsibility shall be initiated (IN) for each child. The plan type is FP. The service requested is voluntary placement (VP) with an achievement date 180 days from the effective date. The service action is Courtesy Supervision (OT06N), with a Service Source of Primary Social Worker (PSW). Initiate (IN) the status with an Effective Date of the date of first contact after placement.

9850 Other Involvement

Court involvement for children under Kansas ICPC courtesy supervision is not recorded. The case is closed upon receipt of notice form Compact Administrator.

9900 Entering Kansas ICPC Referrals to Other States

ICPC referrals to other states are documented in FACTS as tasks on the RESP screen. Enter the service request as custody of a member (CM); service action code of case management (FUO1N); and service source of ICP. Service status is referred (RE) when the request is sent to the Kansas ICPC administrator. Once the receiving state has initiated their home study and concurs with placement of that child in their state, update the status to "IN". If the other state does not approve the placement, the status is updated with a source decision (SD).