Effective Date: 6/7/2022
This sub-section describes procedures and protocols when seeking to place a child in another state or when another state wishes to place a child in Missouri. There are five interstate compacts, which impact the placement of children across state lines. They are:
- Interstate Compact on the Placement of Children (ICPC)
- Interstate Compact on Adoption and Medical Assistance (ICAMA)
- Interstate Compact on Juveniles (ICJ) and
- Interstate Compact on Mental Health (ICMH).
- Interstate Compact of Educational Opportunity for Military Children (ICEOMC)
The two Compacts, which primarily impact the Children’s Division, are ICPC and ICAMA.
The Interstate Compact on the Placement of Children (ICPC) is a legally binding contract among member states approved by the U.S. Congress and the legislatures of all 50 states, District of Columbia, and the U.S. Virgin Islands as uniform law. The law governing ICPC in Missouri is found in Section 210.620, RSMo.
ICPC assures the protection of children crossing state lines and ensures they receive the same supports and services as if they remained in their own state. The Compact establishes orderly procedures for placements and outlines the responsibility of each state.
The Interstate Compact of Adoption and Medical Assistance (ICAMA) requires states to provide Medicaid (Title XIX) to eligible children with an adoption subsidy agreement, when that child’s family moves between member states. Currently, all states except Vermont and Wyoming are members of ICAMA. The territories of the Virgin Islands and Puerto Rico are also nonmembers. The law governing ICAMA is found in Sections 453.500 & 453.503, RSMo.
The other two compacts: ICJ is under the Department of Youth Services; ICMH is under the Department of Mental Health and the ICEOMC is administered and managed by a compact commissioner appointed by the Governor.
Type of Placements Governed By the ICPC
The ICPC applies when children are to be placed in the following settings:
- Interstate adoptive placements;
- Interstate placement for care into relative or kinship placements, foster homes, group homes, and/or residential treatment;
- Interstate placement with parents and relatives when there is court jurisdiction; or
- Interstate placement of adjudicated delinquents only when placement is sought for residential treatment.
Type of Placements Exempt From the ICPC
The compact does not apply when placement is sought under any of the following circumstances:
- Interstate placement from birth parent to birth parent, when there is no court jurisdiction;
- Interstate placement from birth parent to relative (as defined in RSMo 210.620 Article VIII), when there is no court jurisdiction;
- Interstate placement from legal guardian to birth parent or relative, when there is no court jurisdiction;
- Interstate placement to a medical or psychiatric hospital;
- Interstate placement to an educational program (Job Corp, college, etc.);
- Interstate placement of adjudicated delinquents unless placement is sought for residential treatment (see above);
- Divorce/custody assessments;
- International adoptions when the United States Citizenship and Immigration Services (USCIS) has issued an IR-3 visa (adopted in the child’s country of origin);
- Placement of a child into/or out of Canada, Puerto Rico, Guam/American Samoa or any other foreign country; or
- Children under court jurisdiction visiting a relative/parent for 30 days or less. Anything over 30 days is considered a placement and would be subject to ICPC.
Prior to making an ICPC referral:
The Children’s Service Worker must contact the proposed caretaker, to determine whether they are interested in providing for the child before making a formal ICPC request. The Children’s Service Worker will use the CD-ICPC-104 to document this contact.
If it is the plan to make a maintenance payment to the resource when the placement is approved, a foster home study should be requested regardless of the degree of relationship.
2.11.1 Placement of a Missouri Child into Another State (Regulation 2)
Making an ICPC Referral
All ICPC Referrals are to be entered into FACES.
Using the ICPC 100D as a guide, staff will upload the ICPC referral to FACES as follows.
The following packet of material will need to be uploaded to the Referral screen in FACES once the initial ICPC referral has been entered.
While the type of documents remain the same, the method of transmitting the packet to ICPC has changed.
The following documents will need to be accessed from the Referral screen in FACES:
- ICPC 100A
- CD ICPC 104
- CD ICPC 3
Staff will need to open each document by utilizing the Print buttons at the bottom of the referral screen. Staff will complete each form, sign/ date electronically, then save and upload the completed, signed/dated form to the Referral screen in FACES.
The following documents will need to be uploaded to the Referral screen in FACES:
- A cover letter which includes the following:
- Reason out-of-state placement is being pursued
- Name of the proposed out-of-state placement resource and relationship to the child(ren)
- Statement indicating the person/agency/court which has legal custody of the child(ren)
- Permanency plan/case plan for the child(ren)
- Indication of the child(ren)’s eligibility for Title IV-E or Supplemental Security Income (SSI) and
- Plans for meeting the cost of care in the other state, which includes the financially responsible party. Any costs, other than regular maintenance payments, need to be approved through proper administrative channels.
- Please see e-forms for a sample copy of a cover letter.
- Child(ren)’s social summary
- The original court order granting jurisdiction and giving custody to Children’s Division.
- The most recent court order (within the last 12 months);
- The home study court order, (if ordered);
- Copies of any diagnosed medical and special needs/educational reports (IEP, report cards, psychological evaluations, counseling/ therapy reports etc.);
- Appropriate citizenship documentation as detailed in this section, Medicaid Eligibility Documentation of U.S. Citizenship and Identity. IBTH screen shots are not appropriate documentation for ICPC requests as it is MO specific and is not recognized by other states
- Child Assessment and Service Plan (CS-1);
- The written service agreement, if applicable.
The ICPC Coordinator will review and submit to the receiving state’s ICPC office.
The ICPC Coordinator will submit the placement decision through the Referral Decision screen in FACES to the Children’s Service Worker.
Additional information required for a public agency adoptive request to another state:
If the request is for a new adoptive placement, the Children’s Service Worker will submit the same documentation as for any other type of home study request through ICPC. In addition to the documentation listed above, the following documentation is to be included. If the adoptive study is for an existing ICPC placement, then the following information plus a new ICPC 100A and ICPC 3 (Financial/ Medical Plan) is to be submitted to the ICPC Unit in Central Office
- The home study provided by the family for the adoption staffing, if one is available. Please note: A child specific addendum to an existing study will be requested from the receiving state
- Termination of Parental Rights order signed by the court. If TPR has not yet occurred, then the most recent permanency hearing order which clearly states that adoption is the selected permanency plan for the child
- A medical/ genetic social history on the biological parents
- A statement regarding whether or not the Indian Child Welfare Act Of 1978 (ICWA) applies to the child/ren
- Any additional documentation that was used during the adoption staffing to determine the home as a possible adoptive placement
- If the home study was completed by a private agency in another state, a contract for supervision with that agency must be negotiated and approved prior to the ICPC referral being submitted to the ICPC Unit. This is done through the Contract Management Unit. A copy of this contract is required to be included in the ICPC referral.
The home study is not “official” until the ICPC Coordinator in the receiving state has made a determination for or against placement.
Placement prior to ICPC approval is a violation of state law and may result in the home study process being stopped or the home study being denied. The home study and approval of the ICPC 100-A are valid for only six (6) months (Section 210.620 Regulation VI, RSMo).
Assigning referral to ICPC Unit in FACES:
When the referral has been entered and all supporting documentation has been uploaded, staff will assign the referral to Cole Co, and Office is ICPC.
Reconsideration of a Denial for Placement in another State
Effective October 1, 2011, a process to have a denial of a home for placement reversed was implemented by the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC). This process is as follows.
The sending state may request reversal of the denial within ninety (90) days from the date the ICPC 100A was signed as denied by the receiving state’s ICPC office. The request can be with or without a new home study as outlined below. After 90 days, there is nothing that precludes the sending state from requesting a new home study.
- Request reconsideration without a new home study. The sending ICPC office can request that the receiving state’s ICPC office reconsider the denial of placement. If the receiving state’s ICPC office chooses to overturn the denial, it can be based on review of the new information or clarification of information provided by the sending state’s ICPC office.
- Request new home study re-examining reasons for original denial: A sending ICPC office may send a new ICPC home study request if the reason for denial has been corrected (i.e. move to new residence with adequate bedrooms). The receiving state’s ICPC office is not obligated to activate the new home study request, but it may agree to proceed with a new home study to reconsider the denial decision if it believes the reasons for denial have been corrected. This regulation shall not conflict with any appeal process otherwise available in the receiving state.
Receiving state’s decision to reverse a prior denied placement
The receiving state’s ICPC office has sixty (60) days from the date formal request to reconsider denial has been received from the sending state’s ICPC office. If the receiving state’s ICPC administrator decides to change the prior decision denying the placement, an ICPC transmittal letter and the new 100A shall be signed reflecting the new decision.
2.11.2 Placement of a Missouri Child with an Approved Resource
The Children’s Service Worker should receive approval for the placement from the ICPC Coordinator before making a recommendation to the court. After the Children’s Service Worker has obtained court approval for the placement, if applicable, the following must be done:
- Complete the ICPC Information screen (ICPC 100B) in FACES when a confirmation date for placement is made or placement occurs. In some instances, the Children’s Service Worker may need to contact the CD travel desk to make airline reservations. Regardless of the mode of transportation for the placement, the ICPC 100-B should be submitted as soon as possible in order to ensure services are provided (See ICPC 100-B and Instructions).
- Staff will need to open the ICPC 100B by utilizing the Print 100B button at the bottom of the screen. After signing/ dating the 100B, staff will need to upload through OnBase the completed, signed/dated 100B to the ICPC Information screen.
- Complete any appropriate FACES screens (such as, but not limited to, the Vendor Licensure/Approval and Renewal, Alternative Care Client Information, etc.) needed to implement services the child may require in the other state.
Any costs, other than regular maintenance payments, need to be approved through proper administrative channels.
- The Cooperative Agreement for Purchase of Foster Care Services, CM-3, should be sent to out-of-state providers to sign. Out of state resource homes are eligible to receive maintenance at the Missouri foster care rate, but they are not eligible for the Professional Parenting payment or for above the traditional rate of maintenance. They should not complete the Cooperative Agreement for the Purchase of Professional Foster Care Services, CM-14. They should not complete Cooperative Agreement Amendment for Level A foster care services.
- If the plan is for adoption of the child(ren) by the proposed resource, the ICAMA Coordinator in Central Office should be contacted to ensure the appropriate paperwork is completed.
- Supervision/services may not occur until the Child Placement Status Report, ICPC 100-B, is procured by the receiving state. The Cooperative Agreement for Purchase of Foster Care Services, CM-3, should be sent to out-of-state providers to sign. Placement providers out of state are eligible to receive maintenance at the Missouri foster care rate, but they are not eligible for the Professional Parenting payment. They should not complete the Cooperative Agreement for the Purchase of Professional Foster Care Services, CM-14.
- Contact the ICPC Coordinator in Central Office if progress reports or additional assistance is needed to ensure continued placement. Do not contact the ICPC Coordinator in the sending state.
2.11.3 Compact Termination/Placement Disruption or Closure
Compact termination can occur after a period of six (6) months supervision and with the concurrence of the receiving state’s ICPC office under one of the following circumstances:
- The child’s adoption is legally finalized
- The child reaches the age of majority (18 years)
- The child becomes self-supporting
- The child returns to Missouri or
- The child is discharged from court jurisdiction with the concurrence of the appropriate authority in the receiving state.
The Children’s Service Worker shall submit the Child Placement Status Report, ICPC 100-B, and the court orders to the ICPC Unit in Central Office or if the receiving state denies a home for placement and the child has already been placed pending completion of the home study, the child must be returned to Missouri. Upon notification of the denial, the Children’s Service Worker has five (5) working days to return the child to Missouri.
Notify the ICPC Coordinator in Central Office as soon as possible if the placement is disrupting. Send the ICPC 100-B to close out the ICPC case, if a disruption may, or has occurred.
If legal guardianship is awarded to the approved ICPC resource placement and the placement is stable for a minimum of six (6) months, then the child is eligible for Medicaid under the Interstate Compact on Adoption and Medical Assistance (ICAMA) under the Fostering Connections and Increasing Adoptions Act of 2008 (Public Law 110-351). A Guardianship Subsidy Agreement will need to be negotiated with the resource placement in the other state and ICAMA procedures followed to initiate the Medicaid through ICAMA in the receiving state.
2.11.4 Placement of Another State’s Child into Missouri
The Children’s Service Worker will provide case management services as outlined in Regulation 11 of the ICPC. Regulation 11 clarifies the supervisory role of the assigned worker in the receiving state once placement is made through an approved ICPC home study. The supervising worker in the receiving state is to provide the following services. Please note, this is not an all-inclusive list. Each case is different and will require different approaches and services. The Children’s Service Worker assigned to complete the initial home study will:
- Receive the placement request from the ICPC Coordinator in Central Office. Any request received directly from a sending agency must be forwarded to Central Office. Do not complete an assessment, home study, or walkthrough without a referral from Central Office. Walkthroughs are outside the scope of the ICPC.
- Complete and return the results of the requested preliminary home assessment. Guide for Conducting Resource Provider Assessments, within 60 calendar days to the ICPC unit in Central Office pursuant to Public Law 109-239. The preliminary home assessment does not require the training component or FBI checks, but should evaluate the safety and suitability of placing a child in the prospective relative, foster or adoptive home.
- Staff will then proceed with completing the home study. The home study must address the extent to which the proposed placement will meet the specific needs of the child, including the child’s safety, permanency and well-being. FBI background checks are required. If the request is for licensure, then the training component must be completed. Please refer to Memorandum CD07-60 regarding the acceptance of pre service training for resource providers who have moved to Missouri from other states.
- Staff will then make a recommendation in FACES under Referral in the Case Management screen using the Call/Case number provided by the ICPC unit on the transmittal. If the recommendation by the home study worker is against placement and the resource wishes to contest that recommendation, then staff are directed to follow the Children’s Division Fair Hearing Process.
- Complete the Vendor Licensure/Approval and Renewal screen in FACES, if the receiving state requests the family to be licensed. The sending state is not obligated to make a payment to the family if the sending state did not request a licensing study. Missouri resource providers are not entitled to receive the Professional Parenting maintenance payment when they accept children from another state.
- The foster/adoptive home study must be completed and submitted to the ICPC unit in Central Office within 90 calendar days after the State received the original request. The Children’s Service Worker should submit the original and 2 copies of the completed home study along with a recommendation for or against placement. The ICPC Coordinator will make the decision whether or not the placement is approved. DO NOT send the information directly to the requesting state’s worker or to the requesting state’s ICPC office.
If Missouri is the Sending Agency and is going to make a maintenance payment to the resource provider should the placement be approved, a foster home study should be requested regardless of the degree of relationship. The home study is not “official” until the ICPC Coordinator in the receiving state has made a determination for or against the placement.
The above procedure does not apply to parents and unlicensed relatives. Parents and unlicensed relatives will go through the same home study process as an applicant applying for licensure, which is clarified in Memorandum CD04-63 and in the Child Welfare Manual. The differences are that parents and unlicensed relatives are not required to complete training, and the time frame pursuant to Public Law 109-239 for completing their assessment/home study is 60 days.
- The assigned county will, upon notification of placement via the ICPC 100B, from the MO ICPC coordinator:
- Complete the Alternative Care Client screen in FACES, for relative foster care, foster, or adoptive placements, or the Family-Centered Services Case screen in FACES, for a parent or non-licensed relative placement and notify ICPC Central Office of the assigned Children’s Service Worker and supervisor
- Supervision/contact is to be made/initiated as soon as the receiving state is made aware that the child/ren have been placed;
- Cooperate in arranging services for the family;
- Determine with verification from the sending state, if the child is eligible for Title IV-E Medicaid; and
- Open Title IV-E Medicaid if the family is licensed and receiving payment from the sending state. Refer to Child Welfare Manual for more information regarding ICAMA.
- Provide services accordingly to include:
- The worker who completed the home study should provide a copy of the initial referral and home study to the worker who has been assigned to supervise the placement.
- Prepare written quarterly progress reports and submit the original and two (2) copies to ICPC Central Office. At a minimum, these reports are to include:
- Date and location of each face-to-face contact with the child since the last report was submitted;
- A summary of the child’s current circumstances, including on-going safety & well-being;
- A summary of the child’s academic performance along with any pertinent documentation (i.e. Report card, IEP, etc);
- A summary of child’s current health status, including mental health and copies of any pertinent therapeutic or medical reports;
- An assessment of the current placement/ caretakers and their continued appropriateness as a placement for child/ren;
- A description of any unmet needs and any recommendations for meeting identified needs.
- When applicable, the supervising worker’s recommendation regarding continuation of placement, return or legal custody to a parent/s and termination of the sending state’s jurisdiction, finalization of adoption by child’s current caretakers or the granting of legal guardianship to the child’s current caretakers.
- Placement supervision is for a minimum of six (6) months.
- If there is a hotline on the proposed placement and/or involving the child/ren placed through ICPC, the supervising worker is to follow their agency protocols for ensuring the safety of the child/ren. If the child/ren must be removed, the supervising worker does so and then notifies the sending state as well as the receiving state’s ICPC office.
- The sending state remains the financially responsible party for the child/ren and is responsible for all case management decisions. The receiving state assists in locating services to meet the needs of the child/ren and the placement resource. The sending state worker should be notified prior to any financial decision being made on behalf of the child (i.e.: residential treatment etc). Written verification MUST be received from the sending state that they are in agreement to and will be financially responsible for payment of the identified service prior to the initiation of the service. If it is determined that ICPC services are not appropriate, the Missouri ICPC Coordinator should be informed immediately.
- Notify the ICPC Coordinator in Central Office as soon as possible if the child is returned. Send the ICPC 100-B to close out the ICPC case, if a disruption may, or has occurred.
- Submit a recommendation for a transfer of custody or case closing in writing to ICPC. Do not submit directly to the case manager in the sending state.
Compact Termination/ Placement Disruption or Closure:
Terminate services when permanency has been established through one of the following:
- The child’s adoption is legally finalized;
- The child reaches the age of majority (18 years);
- The child becomes self-supporting;
- The child returns to the sending state;
- The child is discharged from court jurisdiction with concurrence of the appropriate authority in the receiving state; or
Close the case and record a brief narrative/summary in the file. Submit the closing narrative/summary to the ICPC office and retain a copy in the ICPC section of the child’s electronic case file.
2.11.5 ICPC Regulation 1
The purpose of Regulation 1 is to allow an intact family who has a child in their home under juvenile court jurisdiction to relocate to another state with the court’s approval. After arriving in the receiving state, the family must meet the licensing and/or approval standards established by the receiving state. Additionally, the receiving state must determine that the placement is in the best interest of the child. If the receiving state determines that placement is no longer suitable, the sending agency will return the child. The receiving state must recognize the license and/or approval from the sending state until a determination is made whether the family meets the receiving state’s standards. Supervision and progress reports shall be provided by the receiving state during the completion of the home study process.
Missouri as the Sending State
- The placement resource should notify the Children’s Service Worker of their relocation to another state as soon as possible.
- The Children’s Service Worker should notify the court by written report of the family’s desire to relocate with a child in Children’s Division’s care and custody.
- The court authorizes approval for the move of the child with the family.
- The Children’s Service Worker completes and submits the ICPC referral as set forth in this subsection, Placement of a Missouri Child into Another State, to include summary of the previous six (6) months case activity and the ICPC 100B, Interstate Compact Report on the Placement of Children. This form is included when the family and child have already taken up residence in the receiving state.
Missouri as the Receiving State:
- The Children’s Service Worker receives the referral from the ICPC Unit.
- The Children’s Service Worker completes the Alternative Care Client screen in FACES, , (for relative foster care, foster care, or adoptive placements) or the Family-Centered Services Case screen in FACES, (for a parent or non licensed relative care placement).
- The Children’s Service Worker should cooperate with the sending state in arranging services for the family.
- Determine with verification from the other state if the child is eligible for Title IV-E Medicaid.
- Open IV-E Medicaid if the family was licensed and continues to receive maintenance from the sending state.
- Begin the family assessment. The assessment should be completed within sixty (60) calendar days.
- Maintain services accordingly.
2.11.6 ICPC Regulation 4 Residential Care Placements into another State
The intent of Regulation 4 is to provide for the protection and safety of children being placed in a residential facility in another state, through the monitoring of the residential facility while the child is placed and to prevent children from being abandoned in the receiving state. The primary application of this regulation is to request approval to place prior to placement at the residential facility. If the child is placed prior to approval being received, this is considered a violation of the Compact. The receiving state is not obligated to process and approve the placement request as long as the child is placed in violation of the Compact.
Types of Placements Exempt from Regulation 4
Regulation 4 does not apply when placement is sought in the following facilities across state lines:
- A primarily educational institution defined under Regulation 4 as an institution that operates one or more programs that can be offered in satisfaction of compulsory school attendance laws, in which the primary purpose of accepting children is to meet their educational needs.
- A hospital or other medical facility defined as an institution for the acutely ill that discharges its patients when they are no longer acutely ill, which does not provide or hold itself out as providing child care in substitution for parental and/or foster care, and in which a child is placed for the primary purpose of treating an acute medical problem.
- An institution for the mentally ill or developmentally disabled minors means a facility that is responsible for treatment of acute conditions, both psychiatric and medical, as well as such custodial care as is necessary for the treatment of such acute conditions of minors who are either voluntarily committed or involuntarily committed by a court of competent jurisdiction to reside in it;
- Outpatient services provided for the treatment, care, and other services by an institution for the mentally ill or developmentally disabled may accept a child for treatment and care without complying with ICPC.
Missouri as the Sending State
All ICPC Referrals are to be entered in FACES.
When making a request for a residential placement in another state, the Children’s Service Worker will submit the same documentation as for any other type of home study request through ICPC. In addition to the documentation listed above, the following documentation is to be included:
- Letter of acceptance from the residential facility. This provides the receiving state’s ICPC office with indication that the residential facility has screened the child as an appropriate placement for their facility.
- Placement Disruption Agreement which indicates who will be responsible for the return of the child to the sending state if the child disrupts or a request is made for the child’s removal and return to the sending state.
- Signed ICPC 100B, Child Placement Report, if child is already placed in the facility in the receiving state.
The receiving state’s ICPC office is to provide an approval or denial for placement within three (3) business days from receipt of the complete request.
Placement of a Missouri Child in a Residential Care Facility in another State
Once approval is received, and the child is placed, the Children’s Service Worker is to complete the ICPC 100B, Report on Child Placement Status. This form is to be signed and submitted to Missouri ICPC.
For placements in a residential facility in another state, the residential facility is viewed as the agency responsible for the twenty four (24) hour care of a child away from the child’s parental home. In that capacity the residential facility is responsible for the supervision, protection, safety, and well-being of the child. The sending agency making the placement is expected to enter into an agreement with the residential facility as to the program plan or expected level of supervision and treatment and the frequency and nature of any written progress or treatment reports.
For children placed in residential facilities in another state, the receiving state’s local child welfare workers and probation staff are not expected to provide any monitoring or supervision.
2.11.7 ICPC Regulation 7 or Expedited Placements
Regulation 7 referrals, commonly referred to as “Expedited” referrals, were initiated to address the problem of frequent delays in completing home studies on a select group of individuals as identified in Article VIII of the Compact. A Regulation 7 referral cannot be court ordered if foster care licensing or an adoptive study is being requested, or if the child is already residing in the recipient’s home.
Missouri as the Sending State
- The Children’s Service Worker should determine if the child(ren) qualifies for an expedited request.
- The proposed placement must belong to a class of persons who, under Article VIII of the Compact, would be exempt if there were no court involvement. This category consists of parents, grandparents, adult aunt and uncle, adult siblings, or other legal guardian. The proposed placement resource is specifically addressed in the accompanying court order and meets one of the following criteria:
- The proposed placement recipient is a relative of the child(ren (as defined in Section 210.620 Article VIII, RSMo), and applies to:
- child(ren) four (4) years old and younger and their siblings if being placed in the same home
- Child(ren) in an emergency placement requiring the child to be moved within 30 days
- one child being placed has a substantial relationship with the proposed resource or
- Child (ren) are in unexpected dependency.
- The proposed placement recipient is a relative of the child(ren (as defined in Section 210.620 Article VIII, RSMo), and applies to:
- Whenever a juvenile court, upon request from the Children’s Division, or on its own authority, determines that an expedited placement is necessary, the court shall sign an order recognizing the findings that the placement resource is within the scope of the Compact and meets one of the above criteria. The order must be sent to the local CD office within two (2) business days. Within three (3) business days of receipt of the court order the Children’s Service Worker must complete an ICPC referral in FACES, upload the required documents to the referral screen in FACES, and assign to the ICPC Unit as directed in CD20-07. For information on how to make an ICPC referral, see earlier in this section.
- The Sending State Expedited Home Study Request, ICPC 101, for expedited referrals must be included and placed on top packet. The Statement of Case Manager/Potential Placement/Party under ICPC Regulation 7 (Expedited), ICPC-101a must also be included in the referral packet.
- Within a timeframe not to exceed two (2) business days after receipt of the ICPC expedited referral, the ICPC Unit in Central Office will submit the expedited referral packet to the receiving state’s ICPC office electronically.
- The receiving state’s ICPC Unit will make a determination within two (2) business days whether additional documentation is needed before forwarding for completion. Once assigned to the receiving state’s local office, they have twenty (20) business days to complete the home study and make a placement recommendation. If there are extraordinary circumstances making it impossible to comply with the timeframes, the receiving state’s ICPC office shall notify the sending state’s ICPC Unit of their inability to comply and provide a date for completion.
- Upon receipt of the home study and the Placement Request, ICPC 100-A, from the receiving state’s ICPC office, Central Office ICPC Unit will notify the Children’s Service Worker of the placement decision. The Children’s Service Worker will notify the court immediately of the placement decision.
- The Children’s Service Worker and court should determine a date for the child(ren) to be placed with the ICPC approved resource. The Children’s Service Worker is to complete the Child Placement Status Report, ICPC 100-B, to inform the receiving state that the child was placed in their state in order for services to begin. It is also the responsibility of the Children’s Service Worker to open the ICPC Information screen in FACES for each child placed out of state through ICPC.
Missouri as the Receiving State
- The MO Central Office ICPC Unit will receive the expedited referral from the sending state’s ICPC unit.
- Within two (2) business days after receipt, the ICPC Unit will determine if the referral meets the definition of “expedited placement” and all required documents are included. The referral will then be forwarded to the local CD office by overnight express mail.
- Upon receiving the referral from the Central Office Unit, the assigned Children’s Service Worker should telephone (if possible) the proposed placement resource and set up an appointment for a face-to-face contact, to include at least one home visit.
- Within five (5) business days the assigned Children’s Service Worker will make a home visit to the placement resource.
- The Children’s Service Worker should complete the Receiving State’s Expedited Home Study, ICPC-102, or a narrative home study, within twenty (20) working days after being assigned to the local county office by the ICPC Unit in Central Office. The completed ICPC-102 or home study must contain FBI fingerprint results, as well as a recommendation for/against the placement. Fingerprint Authorization Letter for Natural Parents, CD26-b, should be provided to the applicant who is being approved for placement to schedule fingerprinting appointment. If the applicant is to become a licensed resource home, the Fingerprint Authorization Letter for Resource Home Licensing, CD26-a should be provided to the applicant.
- The Children’s Service Worker should send the ICPC-102 or the narrative home study by overnight express mail to the ICPC Unit in Central Office.
- Within two (2) business days the ICPC Unit will make a decision for or against the placement and forward the ICPC-102, or home study, by overnight express mail to the sending state’s ICPC office.
- The sending state can then place the child with the approved ICPC placement resource.
- The sending state will notify the ICPC unit in Central Office via the Child Placement Status Report, ICPC-100-B, of any changes, such as a disruption, closure or termination of the compact.
2.11.8 Border Agreement
Missouri and Kansas have developed a Border Agreement (BA) to address barriers within the interstate placement process. In accordance with Missouri Statute RSMo 210.622, the BA allows expedited emergency placement with a relative caregiver or licensed facility (i.e. emergency shelter, residential facility including, but not limited to, a psychiatric residential treatment facility) located within 60 miles of the states’ border.
The BA defines relative as “a grandparent or any other person related to another by blood or affinity or a person who is not so related to the child but has a close relationship with the child or the child’s family.” This definition is to be used in determining eligibility of a proposed caregiver for border agreement placement. Once placement is made, caregivers must also meet Kansas’ statutory definition of relative to be eligible for consideration of an unlicensed relative placement. Relative providers that do not meet this definition will be required to be licensed as a foster home by Kansas for continued placement.
Prior to making a BA emergency placement with a relative caregiver, the “Required Actions for Placement” listed in the Child Welfare Manual Section 6, Chapter 16, and Subsection 2.1 must be completed. This includes an in person safety walkthrough to complete the Resource Home Safety Checklist (CS-45) and the following Kansas background screenings:
- Kansas Child Abuse and Neglect Registry (CANIS)
- Kansas Bureau of Investigation Name Based Check (KBI)
- An address search of the National Sex Offender Public Website – United States Department of Justice National Sex Offender Public Website (nsopw.gov)
If a relative or household member living in Kansas has previously resided within Missouri, the following additional screenings must be completed prior to placement:
Missouri Child Abuse and Neglect
- Missouri Case.net
- Missouri Sex Offender
The “Required Actions Following Placement” listed in the Child Welfare Manual Section 6, Chapter 16, subsection 2.2 should be followed for relatives accepting border agreement placements. The only exception to these actions is relative licensure requirements. Kansas will complete any required or requested licensing for relatives pursuing licensure.
Financial and Medical Planning
A Departmental Vendor Number (DVN) should be assigned to the relative placement provider if one does not already exist. A relative foster home application should be opened for the purpose of placement. Monthly maintenance will be automatically generated for 90 days to relative providers who choose to pursue licensure which should be indicated on the application. Relatives will not be eligible for additional maintenance until they have completed licensure with Kansas.
In order for children to receive Title IVE Medicaid in a receiving state, the child must be IVE Eligible, placed in a licensed foster home, and receiving maintenance. Children are not eligible for Kansas Medicaid during the temporary placement of a Border Agreement. Children may continue to receive Missouri Medicaid or the relative may choose to apply for Kansas Medicaid. Children may not receive Medicaid in both states simultaneously. In order for Missouri Medicaid to remain active during out of state placement, please contact MO_ICPC@dss.mo.gov.
Missouri Children’s Division remains financially responsible for meeting all of the child’s needs as long as child remains in Missouri CD custody.
Post Placement Activities
Within 48 hours of placement, a notification email must be sent to MO_ICPC@dss.mo.gov with the name and DCN of each child placed, the proposed placement provider’s name and address, and if the child will need to continue receiving Missouri Medicaid.
Within 30 days of placement, a fully completed ICPC Regulation 2 referral must be submitted. Border agreement placements are ineligible for ICPC Regulation 7 or Expedited Placement referral due to placement having already occurred.
Missouri must continue to provide supervision to include monthly, in-person visitation with the child in their placement until the ICPC home assessment is completed and a recommendation for or against continued placement is received by Kansas. If Kansas does not recommend continued placement following the completion of an ICPC home study, the case manager will have 5 business days to return the child to the state of Missouri.
Policy and procedure regarding placement of a Kansas youth in Missouri has been developed by Kansas in partnership with Missouri. Prior to placement in Missouri, Kansas will conduct a Missouri Child Abuse and Neglect Central Registry screening by submitting the Prior History Check Request, CD-309 to Ask.CD@dss.mo.gov during business hours and CD.CANHUSupervisors@dss.mo.gov after business hours. Questions regarding Kansas placements in MO can be directed to the Missouri ICPC Unit at MO_ICPC@dss.mo.gov.
2.11.9 Other Interstate Compacts
Interstate Compact on Adoption and Medical Assistance (ICAMA)
The Interstate Compact on Adoption and Medical Assistance (ICAMA), Sections 453.500-453.503 RSMo requires states to provide Medicaid coverage to eligible adoption subsidy children when families move across state lines. A child who is eligible for Title IV-E benefits is automatically eligible to receive Medicaid in the receiving state. However, a child who receives state-funded adoption assistance does not automatically qualify for Medicaid in the receiving state unless the sending state has a reciprocal agreement with the receiving state to provide state health care services. MO HealthNet services will be opened on all children who move from any state with an adoption subsidy agreement (full reciprocity for IV-E and state only adoption subsidy which meet eligibility requirements).
The Compact Administrator (Division Director) and Deputy Compact Administrator are designated in each member state and approved by the national ICAMA Office. ICAMA Coordinators work together with Coordinators in other states to process the required paperwork so Medicaid eligibility can be established in the adoptive family’s current residence state.
All states except Wyoming are members of ICAMA. The territories of Puerto Rico and the Virgin Islands are also non-members.
In 2015, AAICAMA developed an electronic submission process to be used by all member states to transmit ICAMA referrals across the country. This system is referred to as “e-Care Vault”. In MO, all adoption subsidy workers are responsible for entering ICAMA referrals as necessary on their subsidy cases.
Missouri as the Sending State
When a child/adoptive family has moved from Missouri to another state, the adoption subsidy worker will:
- Update the Alternative Care (AC) Client Information Screen/Placement Information to show new address of adoptive family and the county as “999”. This code identifies the child as being placed out of state.
- The subsidy worker will then log into eCare Vault (on line ICAMA database) and enter a new referral and upload the subsidy paperwork for each child. A step by step guide is located on the Children’s Division Intranet, under Interstate Compact.
NOTE: There is a check box labeled “ICAMA Indicator” on the AC Client Information Screen. DO NOT mark this box. This box is for Central Office Use only.
Missouri as the Receiving State
MO ICAMA Coordinator will process incoming referrals as they are received through the eCare Vault.
- Open a vendor license in FACES for the adoptive parents and assign a DCN to the child/ren if they are not already in the PROD/FACES systems;
- Open the AC Client Information Function in FACES or update if the child(ren) is already in the system to show that ICAMA Medicaid is opened for the child(ren)
- Request a MO HealthNet card for the child/ren to be sent to the new Missouri residence. The case will be opened for MO HealthNet services only and will display the assigned ICAMA Coordinator as the case manager.
The child/ren’s adoption subsidy state (where the adoption subsidy contract originated) will remain responsible for maintenance and other special expenses under the terms of the adoption subsidy agreement.
Compact termination or closure can occur under one of the following circumstances:
- The child reaches the age of majority (18 years) and the adoption subsidy is not extended by the subsidy originator state
- The family moves back to the sending state or
- The child becomes self-supporting.
Upon one of these circumstances occurring, the adoption subsidy worker is to enter in e-Care Vault a change of status and forward to the receiving state’s ICAMA office to notify them of case closure in their state.
Interstate Compact on Juveniles
The Interstate Compact on Juveniles (ICJ), Section 210.570-210.590 RSMo, pertains to children who have been declared delinquent. The ICJ is administered in Missouri by the Division of Youth Services (DYS).
The Children’s Division must honor this compact for any child in its custody or when providing any services to a child who comes under the jurisdiction of the court for delinquent behavior.
Interstate Compact on Mental Health
The Interstate Compact on Mental Health (ICMH), Sections 630.810-630.835, RSMo, pertains to persons who have been declared mentally ill or deficient. The ICMH is administered by the Department of Mental Health (DMH).
Placements of children are made only from DMH administered state institutions or other medical facilities to a similar facility in another state.
Interstate Compact on Educational Opportunity for Military Children
The Interstate Compact on Educational Opportunity for Military Children, Section 160.2000, RSMo., makes provisions for children of families serving in the military by allowing greater opportunities for military children to meet Missouri’s educational requirements. The Compact commissioner responsible for the administration and management of the state’s participation in the Compact shall be appointed by the Governor.
Some of the Compact’s 18 Articles which could impact Children’s Division case management are listed below:
- The provisions of the Compact shall apply only to local education agencies and to the children of active duty military members or veterans (including the National Guard or Reserve) who are severely injured, medically discharged, retired from service, or died on active duty or as a result of injuries sustained on active duty, for a period of one (1) year after discharge, retirement or death.
- Unofficial or “hand-carried” education records—In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records. The school in the receiving state shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible.
- Official records/transcripts—Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student’s official education record from the school in the sending state. The sending state will process and furnish the official records within ten days or within such time as is reasonably determined under the Compact.
- Immunizations—Compacting states shall give thirty (30) days from the date of enrollment or within such time as is reasonably determined to obtain any immunization(s) required by the receiving state.
- Kindergarten/First grade entrance age—Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level (including kindergarten) from a local education agency in the sending state at the time of transition, regardless of age. A student that has satisfactorily completed the prerequisite grade level in the local education agency in the sending state, shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age.
- Absences as related to deployment activities—Students whose parent or legal guardian is an active duty member of the uniformed services and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting, shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian.
- A local education agency shall be prohibited from charging local tuition to a transitioning military child in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent.
- The transitioning military child, placed in the care of a non-custodial parent or other person standing in loco parentis who lives in another jurisdiction other than that of the custodial parent, may continue to attend the school in which he/she was enrolled while residing with the custodial parent.
- ARTICLE XVIII
- All member states’ laws conflicting with this Compact are superseded to the extent of the conflict.
Related Practice Alerts and Memos:
1-16-20 – CD20-07 – Interstate Compact Policy and Procedure Changes