18 Miss. Code. R. 6-1-H-VI

Current through December 10, 2024

Section 18-6-1-H-VI - ICPC PROCEDURES

Prior to sending any child into a Receiving State for placement in foster care, an adoption, a child-caring agency or institution, the Sending Agency shall furnish the appropriate public authorities in the Receiving State notice of the intent to send or place a child.

If it is determined to be in the best interest of the child to be placed in another state, the county worker will discuss the request for interstate placement with the Area Social Work Supervisor (ASWS). If the plan appears suitable, and the ASWS approves, the worker will proceed as follows:

A.Sending County's Responsibility

1.Procedure A: Home Study Requests to Place a Child in a Parent or Foster Placement in Another State

(Sending State Priority Home Study Request, See Appendix C)

(Receiving State Priority Home Study, See Appendix D)

1. To initiate an ICPC request for a Home Study and Placement approval, the referring worker shall submit an original and (2) copies of the ICPC referral packet to the ICPC office for review and processing. The ICPC referral packet shall contain the following documents: (See Appendix E)

a. ICPC Referral Checklist (Go tohttp://dfcsmacweb/DFCSWEB/).

b. Cover letter: Include type of request, whom request is for and reason for placement.

c. Social Summary: It should include background information and current assessment.

d. Current Custody Order and other pertinent court documents (signed and dated).

e. Financial/Medical Plan and appropriate supporting documentations. (Go tohttp://dfcsmacweb/DFCSWEB/)

f. Individual Service Plan (ISP)

g. Individual Educational Plan (IEP), psychological and/or psychiatric assessment or any document that specifies the child's needs, if available, school records, Birth Certificates and Social Security Cards.

h. Indian Child Welfare Act (ICWA). Indicate heritage, eligibility, compliance in the memo of request.

i. Form ICPC-100A, fully completed on each child. (Go tohttp://dfcsmacweb/DFCSWEB/)

j. Reference Form. (See Appendix F)

k. Statement of Interest Form (Go tohttp://dfcsmacweb/DFCSWEB/)

2. To initiate an ICPC request for an out-of-state Adoptive Placement the following additional documents are needed along with the above listed items:

a. Documents that reflect that the child is legally "free" for adoption which must include one of the following for each parent.

b. Termination of Parental Rights (TPR)

c. Parental Relinquishment

d. Death Certificate, if either of the biological parents are deceased

e. Child Evaluation

f. Statement of Interest Form

3. To initiate an ICPC request for a Private Adoptive Placement the referring worker shall submit an original and (2) copies of the following documents:

a. Private Adoption Checklist (See appendix H)

b. ICPC 100A Form

c. TPR order or Relinquishment

d. Placement Agreement

e. A current copy of agency's license

f. Hospital Records: Medical Records, Discharge Summaries, etc.

g. Social History of Birth Parents

h. Birth Parents Counseling Summary

i. Current Adoptive Home Study (See Adoption Checklist)

j. Private Adoptions Only: Statement of Expenses paid to birth parent(s) by adoptive parent(s)

k. Other: Any other documentation to meet the requirements of another state

l. Prepaid Federal Express envelope

Send this information via Federal Express to:

Mississippi ICPC

Department of Human Services

Division of Family & Children's Services/ICPC

750 North State Street

Jackson, Mississippi 39202

601-359-4999

2.Procedure B: Request to Place a Child in a Residential Child Caring Facility (Congregate Care)

ICPC approval is required prior to placing a child in a residential facility in another state.

To initiate an ICPC request to place a child in a residential child caring facility, the referring worker shall submit original and (2) copies of the following documents to the Receiving State's ICPC office :

a. Social Summary: It should include background information and reason for placement, along with current assessment of the child and family.

b. Most recent court order reflecting the child's legal status.

c. A letter of acceptance from the facility.

d. Form ICPC -100A fully completed.

3.Procedure C: ICPC Jurisdiction Referral

1. The appropriate Court assigned court liaison or DFCS worker will prepare an ICPC Court Jurisdiction Referral. The ICPC Court Jurisdiction Referral will be mailed in triplicate to the ICPC office or a complete copy of the ICPC Court Jurisdiction Referral will be scanned and e-mailed to the designated ICPC Administrator.

2. The ICPC Court Jurisdiction Referral will be entered in the current child welfare information system by the appropriate DFCS worker upon receipt.

3. An ICPC Court Jurisdiction Referral on a non-custodial child is limited to following required documents which are part of the court file:

a) An ICPC 100A form Interstate Compact Placement Request properly completed and signed by the Judge or designated judicial officer who is identified as the sending agent with jurisdiction over all matters related to the child's placement and custody.

b) Cover Letter

c) Current Social History to include at a minimum, the child's name, date of birth, and other demographic information as included in the Court file.

d) Order of Reference Order and other pertinent court documents, including petitions, and order of adjudication of dependency/neglect or court order of protective supervision and if appropriate, court documents regarding delinquency or unruly adjudications.

Any supporting documents in the court file to substantiate the reason the child is before the court including medical, behavioral or other documents and the intent of further court action if not specified in other documents above.

4.Procedure D: Conversion of Intrastate Placement into Interstate Placement

Relocation of Family Units (See Appendix I, Regulation 1)

a)Intent

Situation: During the course of an in-state placement, circumstances require a Mississippi resource move to another state and per the family permanency plan (or equivalent); the DFCS custodial child who is placed with them is to remain in placement with them pending permanency.

1. With the filing of an ICPC Regulation #1 Referral as prescribed below, the child may move with the approved Mississippi resource prior to the issuance of a placement decision by the Receiving State ICPC office.

2. The Mississippi resource home will be required to meet the resource home approval and/or licensure in the Receiving State for the continued placement of the child, however, supervision/contact with the child and family is implemented by the Receiving State within thirty (30) days of receipt of the referral packet.

b)ICPC # 1 Referral

The ICPC Reg. #1 Referral will include the following most current, required documentation:

1. ICPC Referral Checklist

2. An ICPC 100A. This form should contain the new address.

3. Cover Letter

4. Family Functional Assessment (or equivalent) or current social history (or equivalent) as appropriate

5. Family Permanency Plan

6. Custody order and other pertinent court documents (signed and dated) including previous petitions, and custodial orders.

7. ICPC Medical-Financial Plan and appropriate supporting documents.

8. Individual Education Plan, Social Security Card and Birth Certificates or equivalency

9. Approved or valid resource home study/re-assessments including all documents such as criminal history/ fingerprint results.

10. Form ICPC 100B, Interstate Compact Report on Child's Placement Status which specifies the date on, and the address to, which the child/resource family relocated. (Go tohttp://dfcsmacweb/DFCSWEB/)

c)Time Frame

A decision on provisional approval will be granted within five (5) business days of receipt of the ICPC - 100A and complete home study request packet. The decision will be provided, in writing, to the Sending State Compact Administrator by facsimile, mail, overnight mail or electronic transmission, if acceptable.

5.Procedure E: Regulation No. 2 (See Appendix I, Regulation 2)

Regulation 2 Covers:

* Children not yet placed through an approved home study

* Changing status of child already placed,

* Child already in receiving state without approval,

* Supervision terminated, jurisdiction retained,

Specific evidence of pre-screening of prospective placement is required to be included in ICPC packet. This is to prevent sending requests for placements with resource providers who are not interested or clearly will not pass.

Case manager must include the following:

* a signed statement that the potential placement is interested in having the child placed and will cooperate

* name and correct physical and mailing address of placement

* number and type of bedrooms in the home

* sufficient financial resources or

* explanation for how children will be fed, clothed and cared for

* acknowledgement by prospective placement that a criminal records and child abuse history check will be completed.

Report of home study (not actual home study) must be sent within 60 days and can include final approval or denial - consistent with Safe and Timely Interstate Placement of Children Act.

* If not a complete home study, must state what education and training is still required and the estimated time frame.

* If approved the Sending State will have six months to make the placement

If the home study is denied the Sending State can request reconsideration within 90 days, with or without a new home study

Return of Child to Sending State

If child is in Receiving State without prior approval and Receiving State requests return, the Sending State must bring child back within 5 business days unless agreement has been reached between compact administrators on alternative placement.

If child in Receiving State was placed with approval and approval withdrawn, the child must return within 5 business days unless agreement is reached between compact administrators on alternative placement.

6.Procedure F: ICPC Procedures for Priority Placement of Child Under

Regulation 7 (See Appendix I, Regulation 7 )

Regulation 7 Covers

a) 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

b) The child sought to be placed is four years of age or younger, including older siblings sought to be placed with the same proposed placement resource; or

c) The court finds that any child in the sibling group sought to be placed has a substantial relationship with the proposed placement resource. Substantial relationship means the proposed placement 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

d) The child is currently in an emergency placement.

The placement must be with parent, stepparent, grandparent, adult aunt or uncle, adult brother or sister, or guardian. Regulation 7 does not apply:

* if child already placed in receiving state in violation of ICPC

* does not apply to foster care or adoption placements (unless placement already licensed

Court must enter order of compliance making finding that child meets Reg. 7 criteria with specific findings as needed. The Court can ask for provisional placement - same as if child placed in shelter in receiving state. The Provisional placement is not a final approval and can be withdrawn.

Courts can ask for jurisdiction to be relinquished upon approval of placement with a parent.

Before entering an ICPC order the case manager must provide to the court and court must find that a signed statement has provided the following:

* a signed statement that the potential placement is interested in having the child placed and will cooperate

* name and correct physical and mailing address of placement

* number and type of bedrooms in the home

* sufficient financial resources or

* explanation for how children will be fed, clothed and cared for

* acknowledgement by prospective placement that a criminal records and child abuse history check will be completed.

* If placement is with a parent, is there a request to relinquish jurisdiction.

Time Frames for entry of order and processing of request:

* 3 days from receipt of order the local county refers packet to the MS ICPC State office

* 2 days for MS ICPC State office to send packet out, if it is complete

* 2 days for Receiving State ICPC office to send to their local office

* 15 days for Receiving State local to complete home study and return to Receiving State ICPC office

* 3 days for Receiving State to make determination on placement when packet received from local office

* 20 days total in Receiving State to complete request and make a decision

* Judicial recourse possible in Receiving State if time frames not honored.

7.Procedure G: Interstate Compact Unit's Responsibility

The Interstate Compact Unit:

1. Reviews the request for the home study to determine that all relevant information has been furnished before submitting the request to the Receiving State's ICPC office for approval.

2. If the MDHS/ICPC Specialist determines that the ICPC referral is incomplete the ICPC Specialist shall:

a. Call or send an e-mail to the referring worker to notify him or her of missing documents or information required to complete the ICPC referral within three (3) business days of receiving the referral.

b. If the MDHS/ICPC Specialist receives no response within the time frame, a second call or e-mail may be made to the referring worker or, to his/her supervisor and the MDHS/ICPC Specialist shall return the incomplete ICPC referral to the referring worker with a transmittal outlining the reason it is incomplete.

c. If the ICPC referral packet is complete, the MDHS/ICPC Specialist shall sign the ICPC Placement Request and send the request to the Receiving State with two (2) copies of the transmittal letter and one (1) copy for the referring worker.

d. If the ICPC request is denied, the MDHS/ICPC Specialist shall inform the referring worker of the denial via ICPC - 100A form (MDHS-SS-497A). When necessary, the worker shall make arrangements to ensure the return of the child to Mississippi.

e. When the completed home study is received, the Receiving State's Compact Administrator will review the study and indicates approval or disapproval of any proposed placement on the form ICPC - 100A (MDHS-SS-497A). The signed forms will be returned, with two copies of the home study, to Sending State's Compact Office.

8.Procedure H: Children Placed in Mississippi from another State

a)Receiving State Responsibilities

Article I (b) "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."

1. Mississippi Department of Human Services, Division of Family and Children's Services adheres to federal laws including MEPA and the Civil Rights Act of 1964, which prohibits policies, procedures that deny any person the opportunity to become a foster caregiver or an adoptive parent on the basis of race, color, or national origin of that person, or of the child involved; or which delay or deny any placement of a child in foster care or for adoption on the basis of race, color, or national origin of the foster caregiver(s), of the adoptive parent(s) or the child involved.

a) If an ICPC request is received from a state that is non-MEPA compliant the sending state shall be notified that Mississippi ICPC is unable to consider non-MEPA compliant requests. If the sending state still wishes the home to be considered Mississippi can only address RCNO if the child has had an individualized assessment that concludes that RCNO should be considered. Documentation regarding this request should be documented in a narrative in MACWIS under the Home Study.

2. State ICPC Office will review all referrals and resultant ICPC documents received from appropriate "sending agents" and determine completeness of all required documents as well as determine appropriateness of the authorizing signatures.

3. State ICPC Office will enter and/or manage a centralized ICPC database in the current child welfare information system as well as maintain a centralized paper file on each ICPC record.

4. If additional information is needed before a Referral or other documents can be processed to a receiving state, the State ICPC Office will notify the DFCS worker, court liaison, or appropriate party (sending agent) utilizing the ICPC transmittal and/or the current child welfare information system.

5. Additional information requested is to be mailed in triplicate to the State ICPC office or a copy scanned and e-mailed to the designated MS ICPC Administrator within ten (5) working days by the DFCS worker, court liaison, or appropriate party (sending agent). The Designated MS ICPC worker will be responsible to enter the information in the current child welfare information system.

6. If the requested information is not provided within 5 working days by the appropriate party, or a written notice documenting the reason the information or documents are not available and a proposed date as to when they may be available, the ICPC Office will return the referral packet to the DFCS worker, Court liaison or appropriate party. The Referral will be void; closed and documented as such in the current child welfare information system.

7. All ICPC Referrals must meet minimum requirements to be processed to the Receiving State. No limitations exist on the number of ICPC Referrals which may be submitted by the DFCS or court liaison or appropriate MS party (sending agent). No limitations exist pertaining to a timeframe within which an ICPC Referral may be submitted.

8. The State ICPC Office will process all complete ICPC Referrals to the Receiving State ICPC office in paper form by mail. The ICPC Administrator will scan and e-mail complete ICPC Referrals to a Receiving State with express permission of that State. Please note that some ICPC Party States are not equipped with personnel and equipment to accept ICPC Referrals or other documents in any electronic medium or their policy limits use of electronic medium to emergency only. A copy of the ICPC transmittal will be mailed to the DFCS workers, court liaison, or appropriate party for their record; an electronic notation including the date of the transaction will be entered in the current child welfare information system by the ICPC Administrator.

9. Pending the issuance of a written decision by the receiving State ICPC office regarding placement of the child with that out-of-state resource, the DFCS worker or appropriate MS party with jurisdiction or custody of the child is not authorized to place the child across state lines under the ICPC. The DFCS worker or appropriate MS party responsible for planning for the child is responsible to maintain the child in an intra-state placement pending determination of appropriateness of the out-of-state resource per the ICPC.

Study:

1. The Receiving State ICPC will assign the ICPC Referral to the appropriate local agency in their State or the private licensed agency as designated on the purchase of service agreement or the designated private licensed child placing agency to conduct an assessment or study on the placement resource. In ICPC referrals to Residential Treatment Centers, the "assignment" involves verification of the RTC licensure.

2. Upon assignment, the Receiving State Administrator may request additional or supporting information as it may deem necessary to conduct a valid assessment or study of the proposed resource.

3. Requests for additional or supporting information from a Receiving State will be transmitted through the ICPC Office to the DFCS, court liaison, or appropriate party utilizing the ICPC transmittal and/ or the current child welfare information system. Additional information requested is to be submitted to the ICPC office in triplicate within five (5) working days by the DFCS worker, court liaison, or appropriate party and documented in the record including the current child welfare information system. If the additional material needed is scanned, one copy of the additional or supporting information must be mailed to the MS ICPC office within two (2) working days of receipt of requested information.

4. All studies or assessment reports on the resource home in another State are conducted in accordance to applicable Federal and State laws and policy and licensing standards of the Receiving State. Designated public/private authorities in the receiving State determine the appropriateness of the placement resource for the specific child or children designated in the ICPC Referral based on the conclusions of their study or report or the licensing/regulatory authorities. An appeal or administrative review of the study decision or the study process is filed with the Receiving State authorities and subject to their applicable laws and policy and licensing standards.

5. The Receiving State ICPC Administrator is responsible for forwarding the study or assessment report to the ICPC office within sixty (60) calendar days with or without issuing a decision for placement under the ICPC.

6. A study or assessment reports issued by a Receiving State ICPC Administrator without a decision on the ICPC 100A is considered a notice of circumstances of the resource in the Receiving State. Placement of a child in the custody/guardianship of DFCS with the out-of-state resource based on such a study or assessment report without a decision on the ICPC 100A does not meet Departmental policy as an approved resource placement nor provides full legal or financial protections for the child as designated under the ICPC. If a DFCS worker, court liaison or appropriate party determines to make a placement, it will be considered in violation of Article III of the Compact and places the child "at-risk". The receiving state is under no obligation to provide services on behalf of the child placed or resource family pursuant to ICPC.

7. The ICPC Administrator is responsible to notify the DFCS Worker, court liaison, or appropriate party of the receipt of such a study or assessment report without a decision on the ICPC 100A from the Receiving State regarding the placement of the specific child or children with the out-of-state resource. Notification is in writing via ICPC transmittal and electronically, in the current child welfare information system.

8. DFCS Worker, or court liaison or other MS party (sending agent) will have 14 days after receipt of a study or assessment report issued without a decision on the ICPC 100A to notify the ICPC Administrator by written notice whether placement will be made or whether the ICPC Referral is being withdrawn or of their continued interest in pursuing the placement after approval on the ICPC 100A.

a)Placement Made (Violation of Article III): The written notice should specifically cite the name of the child and date of birth, current location of the child, and name of the placement resource in the receiving state, date child was allowed to be placed, circumstances of the child's placement, recognition statement of ICPC Violation III and "at risk" status and responsibility for the child and to the placement resource if placement disrupts. Notice is to be signed and dated by DFCS or court liaison or the MS party (sending agent) and supervisor and mailed in triplicate to the ICPC office or one copy of the notice can be scanned and e-mailed to the appropriate ICPC Administrator. A copy of any notice scanned and e-mailed to the ICPC Administrator will be mailed within two (2) business days to the ICPC State Office. The information will be entered into the current child welfare information system by the ICPC Administrator and the ICPC instance closed as a Violation with no further services available under the ICPC.

b)ICPC Referral Withdrawn: An ICPC 100B, Interstate Compact Report on the Child's Placement Status should be completed and mailed in triplicate to the ICPC office or scanned and e-mailed to the designated ICPC Administrator. Upon receipt, the ICPC Administrator will document the Withdrawal in the current child welfare information system and authorize the closure of the ICPC instance as "Referral Withdrawn."

c)Defer Placement pending Approval: Written notice to be mailed in triplicate by the DFCS, court liaison or other MS party (sending agent) to the ICPC office in the Receiving State along with a statement of intent to defer the placement of the child with the proposed placement until additional information has been secured on the resource and a decision issued under the ICPC. No ICPC 100B is required for a notice of intent to defer placement.

Decision:

Article III (d) "The appropriate public authorities in the receiving state shall notify the sending agency, in writing to the effect that the proposed placement does not appear contrary to the interest of the child. "

1. If the decision for the placement of the child with the designated resource is denied by the Receiving State ICPC Administrator on the ICPC 100A, will forward the ICPC 100A denying the placement and the study or report which documents the reasons for denial to the DFCS Worker. The ICPC record will be closed "Placement denied".

2. The ICPC Worker will enter the information in the current child welfare information system. The ICPC Worker will authorize the closure of the ICPC instance as "placement denied" in the current child welfare information system.

3. If the decision for the placement of the child with the designated resource is approved by the Receiving State ICPC Administrator on the ICPC 100A, will mail and scan and e-mail the ICPC 100A approving the placement and the study or report which documents the study process and approval to the DFCS Worker. The ICPC 100a and the study/documents are to be maintained in the record. Approvals for placements under the ICPC are valid for a period of six (6) months commencing from the date of the signature of the Receiving State ICPC Administrator. The information will be entered in the current child welfare information system.

4. The DFCS Worker is responsible to determine whether or not to use the approved placement, pursuant to the family permanency plan.

5. If the placement resource is approved and the placement will not be used or cannot be utilized within the 6 month time frame, the DFCS Worker will mail a completed ICPC Form 100B; Interstate Compact Report on the Child's Placement Status (CS-0523) in triplicate to the ICPC office and specifies that the approved placement will not be used.

Case Management:

1. Quarterly written progress reports are to address the child's safety, well-being, adjustment and services as specified on the family permanency plan (or equivalent) in order for the child to achieve permanency.

2. The ICPC Form 100B, Interstate Compact Report on the Child's Placement Status also serves as the notice to the receiving state to initiate their responsibility to monitor the continued licensure or approval status of the resource home in their state for compliance with Federal IV-B and IV-E.

3. The Receiving State is responsible to continue monthly supervisory contacts and quarterly written progress reports addressing the status of the child's placement and their safety, well-being and permanency until the child has achieved permanency through adoption; reaches the age of majority, becomes self-supporting or is discharged with the written concurrence of the Receiving State ICPC office.

4. The Receiving State ICPC Administrator is responsible to provide written concurrence to discharge further services to a child under the ICPC if the permanency goal is legal custody returned to parent or legal custody given to relatives or guardianship granted to relatives or others, or the Sending State's jurisdiction over the child may be terminated. The Receiving State ICPC Administrator will base concurrence upon the recommendations contained in the written progress reports.

Closure:

1. The DFCS Worker, court liaison, or appropriate party will mail three (3) copies of the ICPC form 100B, Interstate Compact Report on the Child's Placement Status appropriately documenting court action and three (3) copies of any pertinent court order, which has been signed and dated to the ICPC office within thirty (30) days of the court action or will mail or scan and e-mail a copy of the completed ICPC 100B, Interstate Compact Report on the Child's Placement Status and the pertinent court order to the ICPC Administrator.

2. The ICPC Office will forward the documents to the Receiving State authorizing the closure of the ICPC record. No further services are available under the Compact.

3. The ICPC Office will document the date and reason for the closure in the current child welfare information system; effectively authorizing the closure of the ICPC instance. No further services are available under the Compact.

b)Receiving County Responsibilities

1. The MDHS/ ICPC Deputy Administrator will forward the original and one (1) copy of the request to the appropriate supervisor for assignment to a worker to complete a home study.

* The laws and policies of the sending state govern the conditions of custody and discharge.

* A timely home study must be completed and a criminal history and central registry check are mandatory for all persons living in the home.

* The assigned home study worker shall conduct a home study with written recommendation of the approval or denial of the placement request, and forward it to the ICPC Office within 60 calendar days of the date of receipt of the request.

* For all approved placements, legal jurisdiction and financial responsibility for the child remain with the sending state.

All studies or assessment reports on potential placement resources in MS pursuant to the ICPC which are assigned to DFCS Regions or their contract agencies or an authorized public or private agency are to be completed within the following timelines which are projected from the current child welfare information system Intake Services Start Date:

a) ICPC Ref. #7 Priority Study	20 working days
b) Foster/Adoptive Study	60 calendar days
c) Re-assessment or Up-date	30 calendar days

c)Supervision

The Receiving State should provide supervision in a placement even though the placement is with a parent. The Receiving State should provide services for the child and the family once the placement has been approved through the compact and 100B has been received confirming date of placement. The Receiving State is responsible for the following:

* Ensures requested services are received.

* Completes quarterly reports.

* Notifies the ICPC office in the sending state when problems occur.

* Any out-of-state youth is bound by MS (the receiving states') law.

* The receiving state maintains supervision until notification from the sending state that jurisdiction has been terminated

* Provides three (3) copies of quarterly progress reports.

* All reports are to be sent to the ICPC office for forwarding to the sending state's ICPC office.

d)Closure Requests

* Receiving state recommends dismissal and case closure or return of child to sending state.

Note: if a placement is unsuccessful, the sending state is responsible for the youth's return.

If legal action is pending against a youth it must be resolved prior to their departure from MS

9.Procedure I: Placement with Non-Member State/Territory for a Placement of a Child out of Mississippi

1. For placement in a Non-Member State/Territory, the Sending State or agency will follow the same procedure outlined in Child's Placement out of Mississippi with Member State. (See IV, A. et seq above)

2. A non-member state/territory is not legally required to accept the MDHS-SS-497A (ICPC - 100A) as Mississippi's statement of responsibility. MDHS/ ICPC staff may be requested to provide a written statement or to complete the non-member territory's own agreement forms. These forms will need to be forwarded to the MDHS/ ICPC for signature.

3. The Request should be addressed to the MDHS/ ICPC Unit and it will be forwarded to the appropriate person in the receiving territory.

4. Upon receipt of the evaluation and recommendation from the non-Compact member territory, the MDHS/ ICPC Administrator will forwards a copy to the sending office.

10. Procedure J: Non-Member State/Territory Placement into Mississippi

1. The Receiving State or agency will follow the same procedure as outline in the Child's Placement into Mississippi with Compact State. The request from the non-member territory will not include the form ICPS 100A since these are used only by members of the Compact.

2. The non-member state/territory will be directed to remain financially and legally responsible for the child as part of the home study/supervision process. A statement to that effect must be signed by the Chief Executive Officer in that territory.

3. The request for that responsibility statement will be made by the MDHS/ ICPC Deputy Administrator after the evaluation and recommendation are received from the worker.

4. The responsibility statement of financial and legal responsibility must be obtained before placement of the child into Mississippi can be approved.

11.Procedure K: Responsibility for On-Going Services

a)The Sending State Shall:

1. Clarify services needed, and request quarterly supervision and progress reports. The information about supervision and reports is specified on the MDHS-SS-497A (ICPC - 100A).

2. Retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care treatment and disposition of the child.

3. Retain jurisdiction until the child is adopted, reaches majority, becomes self-supporting or is discharged.

4. Continue to have financial responsibility for support and maintenance of the child during the period of placement.

b)The Receiving State Shall:

1. Provide services to the child as designated by the Sending Agency on ICPC - 100A (MDHS-497A).

2. Provide other special services which are agreed to by both Sending and Receiving State.

3. Make face to face visits with child and family twice monthly with one visit taking place in the child's placement.

4. Provide progress reports to the sending state or agency designated on the ICPC 100A. Form. The original with two copies of the progress report should be sent directly to the MDHS/ ICPC Unit.

12.Procedure L: ICPC - Mississippi Automated Child Welfare Information System (MACWIS) Procedures

a) Incoming ICPC Request

All Children in custody crossing state lines for placement must be entered in the MDHS MACWIS. For all incoming ICPC Requests, the ICPC Unit will be responsible for reviewing for complete information. The referral(s) will be entered in the following manner:

Parent Home Study Requests

a. ICPC Unit will enter the request into MACWIS with the oldest child as Head of Household.

b. The request is entered through the New Intake tab by choosing the following:

i. Type of Request (parent, foster care, adoption)

ii. State (from)

iii. County (to)

iv. Date entered

v. Child(ren) name, DOB, and Race

vi. Resource name, Age, Race, and address

c. The request will be screened in MACWIS.

d. MACWIS will assign request to the county Intake Supervisor .

e. The Intake Supervisor will assign request to county worker for evaluation.

Foster and Adoptive Homes Study Requests

a. The above procedures will be followed in MACWIS for Resource Home Requests with the exception of following county actions:

i. The request will be screened in MACWIS to the county where the prospective family resides.

ii. MACWIS will assign request to the County Intake Supervisor .

iii. The Intake Supervisor in the county where the prospective family resides will assign the request to the Resource Supervisor who will assign the request to a Resource/Adoption Specialist.

Supervision of ICPC Cases

Once a placement has been licensed and approved in MACWIS, the ICPC Unit will forward the approval to the Sending State. The Sending State will forward an ICPC 100 - B form showing when placement is made. The ICPC 100 - B Form will be sent to the county worker. The county worker will open a supervision case in MACWIS and begin monitoring the placement.

b) Outgoing ICPC Requests

(1) All ICPC outgoing requests must be entered in the State's MACWIS. The worker will go to the ICPC Outgoing Screen and ensure following information is entered:

a. Child(ren) name(s)

b. State (to)

c. Date request is sent to State Office (SO)

d. Priority Status

e. Children in Family

f. County

g. Worker

h. Service Type (ICPC Outgoing)

i. Type of Care

j. Start Date

k. Resource information (name, address, phone number)

l. Checklist of documents sent (at least one item must be checked)

(2) All outgoing ICPC Requests must be forwarded to the MS ICPC Office (original and 2 copies ) and, if sending the request electronically, give the ICPC Unit prior notice.

(3) Home Studies must be completed by the county worker in MACWIS. MACWIS will generate a tickler to the ICPC Unit when the home study is complete.

B.Permanency Hearing

"Permanency Hearing" is defined in 42 U.S.C. 675, § 475(5)(C) as being a

"...hearing to be held, in a family or juvenile court or another court (including a tribal court) of competent jurisdiction, or by an administrative body appointed or approved by the court, no later than 12 months after the date the child is considered to have entered foster care (as determined under subparagraph (F)) (and not less frequently than every 12 months thereafter during the continuation of foster care), which hearing shall determine the permanency plan for the child..."

Timely Permanency Hearings are required for every child including ICPC children from Mississippi who are placed in another state and is the responsibility of the county office with oversight of the child. A copy of the Permanency Dispositional court order should be forwarded to the Mississippi ICPC Office and the receiving state ICPC office where the child is placed. After the initial permanency hearing, subsequent permanency hearings must be held no less frequently than every 12 months during the child's continuation in foster care.

C. Joint Responsibilities of Receiving and Sending States

1.Responsibility to Inform Respective State of Status Changes

It is both the Receiving and Sending State's responsibility to inform the other state of any change of status in Interstate Placement.

a. The form MDHS-SS-497B (ICPC 100B) will be completed by the respective public or private agency when the following circumstances occur:

* Placement is made.

* Change in address.

* Placement cancelled/withdrawn.

* Placement is terminated.

b. The state or agency reporting the change of status will completes an original and three (3) copies of the MDHS-SS-497B (ICPC 100B), and sends it to the DFCS Interstate Compact Unit.

c. The county worker must open an ICPC supervision case once the children have been placed in the approved placement.

2.Direct Contact with other States

County workers should not make a direct request for a home study to an out of state county office nor should the county worker accept the same from another state. All ICPC requests must be made through the MDHS/ ICPC Office.

If it appears that a child has been placed out of state without proper clearance, the ASWS should notify the MDHS/ ICPC Unit immediately.

The MDHS/ ICPC Unit will expedite requests whenever possible and will work with the worker to facilitate a prompt response when needed for court hearings.

D.Cooperative/Reciprocal Services Provided

DFCS provides cooperative/reciprocal services to other states' social services agencies, private agencies, and courts, upon referral, when there is reported abuse, neglect, or dependency of minor children. International Social Services and national agencies serving children and/or families may make referrals and are provided cooperative services. All such requests must include a court order and shall be referred through the MDHS/ ICPC Office.

1.Types of Services Rendered

Reciprocal cooperative services most frequently requested are listed below:

1.Home studies -

a. to evaluate a proposed home for the placement of a child, may or may not result in the placement of the child across state lines. Such requests include placement with parents, relatives, foster homes or adoptive homes. Foster home studies may be completed according to either the receiving or sending states' policy.

b. custody home studies in divorce and custody proceedings, with accompanying court order. A fee must be paid in advance, before the study is initiated. Payment in the form of cashier's check or money order should be made to the Treasurer of the state to whom the request is made.

2.Supervision of placement of a child who is placed with foster or adoptive parents.

3.Evaluations

a. of family situations for Family and Juvenile Courts, regarding custody of Children when neglect or abuse is involved.

b. of a proposed plan for adoption and supervision for the child, pending legal proceedings in cases where adoptive parents have had to move to another state.

c. of a proposed plan for adoption and supervision for the child, pending legal consummation of the adoption, assisting in the completion of the legal proceedings in cases where adoptive parents have had to move to another state.

4.Transfer of an adoptive home resource to a child placing agency in another state when the applicants move while the study is in process, or an adoption is pending.

2.Visits under the ICPC of a Child into another State

1. A visit may not be extended or renewed in a manner which causes/will cause it to exceed thirty (30) days or the school vacation period. (See Definitions)

2. A visit is with a parent or relative or significant kin who is known to the child and who has not, nor will not, assume legal or physical responsibility for the child to the extent that:

(a) a claim for financial assistance may be filed; or

(b) enrollment in school or responsibility for medical service, except in an emergency, is authorized during the visit.

3. No study, background checks or supervision of the visit is necessary.

4. A child who remains in a "visit" for over thirty (30) days with a resource that has not been assessed under provision of the ICPC is considered to be in an unapproved placement which is a violation of ICPC Article III and the child is considered to be "without proper guardianship".

5. The child is, then, considered "at risk" and subject to a protective services referral. Protections allowable under the ICPC are not available to the child in the Receiving State.

3.Disruption of a Mississippi Child Placed in another State through ICPC

When a child, in Mississippi custody guardianship and placed in another state under an approved ICPC, disrupts the placement, the Receiving State should immediately advise the MDHS/ ICPC Unit. The Sending State (Mississippi) retains jurisdiction over the child and maintains the responsibility to plan for the child, including the responsibility to remove the child from the placement.

E.Termination of Responsibility

1. Responsibilities for providing supervision and requested reports are terminated with the concurrence of both states when:

a. Child is adopted.

b. Child reaches majority age.

c. Child becomes self-supporting, or marries.

d. Child is discharged from court wardship, with both Sending and Receiving States' concurring that there is no further need for supervision.

e. When placement becomes unsuitable or unworkable, the responsible state must make an alternate plan for the child's return.

2. The termination of placement of foster children placed out-of-state in foster homes are illegal under the Compact. Provisions must be made for the foster children's placement in other homes.

3. Sending and Receiving States notify each other of termination of responsibilities by means of the ICPC 100B (MDHS-SS-497B).

18 Miss. Code. R. 6-1-H-VI

Amended 5/7/2015

Amended 5/29/2015

Amended 8/29/2015

Amended 11/28/2015

Amended 6/23/2016

Amended 7/31/2016