Procedure for Initiating a Regulation 7 - Priority Placement 619-01-25-10

(Revised 4/18/01 ML #2678)

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Priority Placement: Whenever a court, upon request, or on its own motion, or where court approval is required, determines that a proposed priority placement of a child from one state into another state is necessary, the court shall make and sign an order embodying that finding.

 

Court order finding entitlement to a priority placement shall not be valid unless it contains an express finding that one or more of the following circumstances applies to the particular case and sets forth the facts on which the court bases its finding:

  1. The child is 4 years of age or younger, including older siblings sought to be placed in the same home; or
  2. There is an 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; or
  3. Any child in the sibling group has a substantial relationship with the proposed placement resource. Substantial relationship means that 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
  4. The child is currently in an emergency placement.

 

Timeframe:

  1. The court shall send its order to the sending agency within two (2) business days of determining a priority placement.  The order shall include the name, address, telephone number, and if available, the FAX number, of the judge and the court.
  2. The sending agency shall transmit the signed court order, a completed SFN 965, 100-A, and supporting documentation to the sending state Compact Administrator within three (3) days.
  3. The sending Compacting Administrator shall transmit the priority request and its accompanying documentation to the receiving state Compact Administrator together with a notice that the request for placement is entitled to priority processing within two (2) business days.  The referral should be transmitted via overnight mail.  
  4. The court order, SFN 965, 100-A, SFN 852, "Sending State Expedited Home Study Request," and supporting documentation referred to above shall be transmitted to the receiving state Compact Administrator by overnight mail together with a cover notice calling attention to the priority status of the request for placement.
  5. The receiving state Compact Administrator shall forward the ICPC referral to their local office the next business day after receipt of the referral.
  6. The local worker in the receiving state must complete the priority home study within twenty (20) business days and mail via overnight mail to the state ICPC office.
  7. The receiving state ICPC office must notify the sending state ICPC office of the decision for/against placement of the child with the proposed caretaker via FAX the next business day.

If the receiving state Compact Administrator fails to complete action within the time period allowed, the receiving state shall be deemed to be out of compliance with ICPC.

 

The foregoing shall not apply if:

  1. Within two (2) business days of receipt of the ICPC priority placement request, the sending state Compact Administrator determines that the ICPC request documentation is substantially insufficient, specifies that additional information is needed, and requests the additional documentation from the sending agency. The request shall be made by FAX, or by telephone if FAX is not available; or
  2. Within two (2) business days of receipt of the ICPC priority placement request, the receiving state Compact Administrator notifies the sending state Compact Administrator that further information is necessary. Such notice shall specifically detail information needed. In this case, the twenty (20) business day period for the receiving state Compact Administrator shall be calculated from the date of the receipt by the information requested.

 

It is the responsibility of the sending state to keep the court which issued the priority order informed of the status of the priority request.

 

Time periods may be modified with a written agreement between the court which made the priority order, the sending agency, the receiving state Compact Administrator, and the sending state Compact Administrator. Any such modification shall apply only to the single case to which it is addressed.

 

If a receiving state Compact Administrator finds that extraordinary circumstances make it impossible for it and its local agencies to comply with the time requirements set forth, it may be excused from strict compliance therewith. However, the receiving state Compact Administrator shall, within two (2) business days of ascertaining inability to comply, notify the sending state Compact Administrator via FAX of the inability to comply and set forth the date on or before which it will complete action. The notice shall contain a full identification and explanation of the extraordinary circumstances which are delaying compliance.

 

Regulation 7 shall not apply if:

  1. The child is already in the receiving state in violation of ICPC.
  2. The sending state is requesting a foster home study or adoption home study (unless the grandparent, adult aunt/uncle, adult brother/sister, or guardianship is already licensed or approved in the receiving state at the time of the request).