9300 Placing Children From Another State In Texas
CPS October 2017
Under the Interstate Compact on the Placement of Children (ICPC), public agencies in other states can request a home study under ICPC with any of the following types of caregivers in Texas:
• Parents that have been found to be unfit (See 4522 Accepting Requests From Other States to Place With a Non-Custodial Parent Living in Texas)
• Relatives
• Foster families
• Adoptive families
• Licensed residential-care facilities
The Texas Interstate Compact Office (TICO) must authorize every ICPC placement with a Texas caregiver.
9310 Accepting a Request to Place a Child From Another State in Texas
CPS October 2017
To request permission to place a child in Texas under the Interstate Compact on the Placement of Children (ICPC), the other-state’s agency submits an interstate placement request packet to the other state’s compact office, which in turn sends it to the Texas Interstate Compact Office (TICO).
9311 Reviewing the Request
CPS October 2017
TICO must review the placement request packet for completeness and compliance with applicable compact requirements, Texas laws, and DFPS policies.
Exception for Priority Requests
TICO must process all expedited priority requests for home screening immediately.
9311.1 Missing Information
CPS October 2017
If the placement request packet is deficient in some respect, TICO must contact the other state’s compact office for additional information or for clarification.
TICO may:
• process the ICPC request packet and the DFPS regional office initiates the home screening despite the deficiency, and either call or write the other state’s compact office for the needed information or clarification; or
• hold onto the packet for no more than five business days (no more than one business day in the case of an expedited priority request) after contacting the other state’s compact office and after the other state has acknowledged that the state will send the missing information; or
• return the packet to the other state’s compact office.
9312 If the Other State’s Agency Skips TICO
CPS October 2017
Occasionally another state’s agency sends an interstate placement request packet directly to the Texas caseworker to conduct the home screening.
If that occurs, the caseworker notifies TICO immediately, and sends the ICPC request packet to TICO.
TICO must notify the other state’s interstate compact office of the request. TICO must process the packet and advise the ICPC regional coordinator and caseworker of the next step.
See 9310 Accepting a Request to Place a Child From Another State in Texas
If the packet is complete and correct, TICO must assign the interstate placement request to the regional ICPC coordinator, who must assign the interstate placement request packet to the local CPS office or contractor to complete the home screening.
If the other state provides the request packet by email, TICO sends an email to the other state’s compact office, acknowledging that the packet has been received and that the request has been processed and forwarded to the Texas regional ICPC coordinator for assignment.
9313 Accepting Requests From Other States to Place With a Non-Custodial Parent Living in Texas
CPS October 2017
TICO must only accept incoming parent home study requests on parents that have been found to be unfit. In order to prove unfitness, the other state must provide either:
• an order from a court in any state with jurisdiction over child custody matters that has made a finding that the parent is unfit; or
• an order, from the court in the other state that has jurisdiction over the current matter, that the ICPC be initiated on the parent.
9314 If a Home Screening Has Already Been Completed
CPS October 2017
If a home screening has already been completed, the other state’s agency includes a copy of the screening in the interstate placement request packet. TICO must upload the home screening into the case in IMPACT.
The regional ICPC coordinator must assign the case to a caseworker or contractor to:
• visit the home;
• update the home screening; and
• recommend a placement that addresses the child’s specific needs.
A home screening may already be completed if:
• a child moves to Texas with his or her current caregiver; or
• a child is placed for adoption in Texas.
9315 Creating an ICPC Case in IMPACT
CPS October 2017
TICO must create a case for each child to be placed under the Interstate Compact on the Placement of Children (ICPC) request packet sent from another state. TICO must initiate the case as an intake, and progress it to a substitute care (SUB C-IC) stage. TICO must use the information from the Placement Request (100A) to create the intake, and must upload the documents that were included with the ICPC request packet.
9316 Notification and Supervision
CPS October 2017
Arranging the Placement
After TICO approves a request to place a child in Texas and the court in the other state orders the placement, the other state agency communicates directly with the caregiver.
Notification
After the child has been placed, the other state’s compact office notifies TICO by forwarding a copy of a completed Form 2261 Compact Report ICPC (100B). TICO must update IMPACT with the information from the 100B. TICO is always the primary on the case.
• TICO must assign the case to the ICPC regional coordinator as the secondary staff.
• The regional ICPC coordinator must notify the designated CVS program director or supervisor to assign a courtesy caseworker to supervise the placement.
• The designated CVS program director or supervisor must assign the courtesy supervision caseworker within two days of receiving notification.
• The ICPC regional coordinator assigns the courtesy supervision caseworker as the secondary staff.
9320 If a Caregiver Moves to Texas
9321 All Caregivers
CPS October 2017
If an out-of-state caregiver moves to Texas, and it is determined that it is in the child’s best interest for the child to move with the caregiver, the agency that placed the child with the caregiver must ask the Texas Interstate Compact Office (TICO) to complete a home study and initiate courtesy supervision.
The agency prepares an interstate placement request packet and sends the packet to its interstate compact office, which in turn forwards the packet to TICO.
9322 Foster Families
CPS October 2017
If the caregiver is licensed as a foster family in the sending state, and the interstate placement request packet includes sufficient information, TICO must review the request packet after the family arrives in Texas.
The placement request packet must include the information specified in 4511 Documenting a Request to Place a Child Outside of Texas and its sub-items.
In addition, the placement request packet must also include:
• the results of the caregiver’s home screening and criminal background checks; and
• a copy from the sending state of the family’s license or verification to serve as a foster family.
In most cases, the sending state’s licensure remains in effect until the family is licensed or certified as a foster family in Texas.
If the family does not meet the Texas minimum standards for child care licensing, the sending agency must notify TICO of the alternate placement plan for the child.
9323 If a Caregiver Moves Before TICO Authorizes the Placement
CPS October 2017
If a caregiver and child move to Texas without prior Interstate Compact on the Placement of Children (ICPC) authorization, this is an illegal placement. TICO must notify the other state’s interstate compact office and request:
• that the other state’s local agency prepare and submit an interstate placement request as quickly as possible; and
• that the other state provide TICO with a copy of the Form 2261 Compact Report ICPC (100B), showing that the child is already placed in the caregiver’s home and showing the placement date.
TICO must not open an ICPC case until an official ICPC request is received from the other state’s interstate compact office.
TICO must only approve a placement if there is an approved home screening that recommends placement. If the home is an approved adoptive home or verified foster home, TICO must have the appropriate documentation.
If no interstate placement request packet is received, TICO must request that the child be returned to the other state because the child is placed in a home that has not received TICO approval.
9324 Placements Made Without a Request
CPS October 2017
Sometimes the court in the other state places the child without seeking TICO approval.
Whenever a caseworker learns of such a placement, the caseworker reports it to TICO immediately.
TICO must contact the other state’s compact office to determine whether the agency responsible for placing the child still retains legal jurisdiction.
If the agency does retain legal jurisdiction, TICO must ask the other agency for an interstate placement request.
TICO will refer the case to the appropriate regional office for a home screening and a placement recommendation.
If the court in the other state has terminated its legal jurisdiction and given the child’s caregiver full legal custody, the placement is no longer subject to the Interstate Compact on the Placement of Children.
If a caseworker who has been assigned to complete the home screening discovers that the other state’s jurisdiction has ended, the caseworker:
• stops the home screening;
• notifies the ICPC regional coordinator of the legal status; and
• sends TICO a memorandum explaining the situation, along with a copy of the court order terminating the other agency’s jurisdiction (if available).
TICO closes the SUB C-IC case.
9330 Processing a Home Screening for a Child Being Placed in Texas From Another State
CPS October 2017
Assignment and Notification
When a child from another state is being placed in Texas the DFPS supervisor assigns a caseworker or contractor to complete a home screening.
Conducting the Home Screening
When the Texas Interstate Compact Office (TICO) receives the Interstate Placement packet from the other state’s compact office, TICO must review the packet for completeness.
If the packet is complete, TICO must create an Interstate Compact on the Placement of Children (ICPC) case in IMPACT.
The caseworker or contractor conducts the home screening.
Federal law requires that the other state’s interstate compact office receive a completed Form 6588 Kinship Caregiver Home Assessment no later than 60 calendar days from the date TICO receives the request.
Foster or Adoption Referrals
A completed Form 6588 Kinship Caregiver Home Assessment does not completely satisfy the requirements for placement as a foster, adoption, or dual license parent placement. The caregiver must still complete the training required by the DFPS Child Care Licensing Division and the minimum standard rules for licensing.
If a completed Form 6588 recommends placement the regional ICPC coordinator must forward the referral to a foster-adoption (FAD) supervisor, who assigns the case to a caseworker to complete the process for verifying and approving the placement.
Approval
A DFPS supervisor reads, approves, and signs the home screening and provides a placement recommendation.
After the supervisory approval, the regional ICPC coordinator must upload the approved home screening into the ICPC case in IMPACT.
9340 Making the Decision to Accept an ICPC Placement
CPS October 2017
To be considered legal, every placement of a child in Texas that is subject to the Interstate Compact on the Placement of Children (ICPC) must be approved by the Texas Interstate Compact Office (TICO).
9341 Basis and Criteria for TICO Approval
CPS October 2017
TICO bases its approval on DFPS’s recommendation regarding:
• the results of the home screening;
• the determination of whether to place the child;
• the status of the DFPS Child Care Licensing Division’s licensure of the family as a foster, adoptive, or dual license family; and
• any other pertinent information provided by the other state.
If more information is needed, TICO must request it from the party that can provide it.
TICO approves a placement if:
• the caregiver appears able to provide the child with a suitable home and appropriate care; and
• the child remains in the legal jurisdiction of the other state.
9342 Sending Notification of a TICO Decision
CPS October 2017
To notify the other state about whether TICO has approved the other state’s request to place the child in Texas, TICO must:
• complete Section IV of the Placement Request (100A) in IMPACT;
• send one copy of the Placement Request (100A) and the home screening to the other state’s interstate compact office; and
• complete the ICPC transmittal letter in IMPACT.
9342.1 If TICO Denies Placement
CPS October 2017
If TICO denies the ICPC request for placement TICO must notify the state according to 9342 Sending Notification of a TICO Decision. TICO must then close the ICPC case in IMPACT.
9342.2 If a Child Is Placed Despite TICO’s Denial
CPS October 2017
If the other state’s agency places the child with the caregiver despite TICO’s denial, and DFPS regional staff learns of such a placement, they must notify TICO.
TICO must notify the other state that DFPS is not obligated to supervise the placement under the specific terms of the ICPC agreement and ask the sending state to return the child to that state.
9350 Placing a Child From Another State in a Licensed Residential Facility in Texas
CPS October 2017
If another state’s agency requests permission to place a child in a residential care facility licensed by the DFPS Child Care Licensing (CCL) Division (such as a residential treatment center), the Texas Interstate Compact Office (TICO) does not refer the request to a caseworker.
TICO must review and approve the request directly, based on the facility’s licensure and its acceptance of the child. TICO must initiate a case in IMPACT and remain the primary worker until the case in IMPACT is closed.
9351 Institutional Placements
CPS October 2017
The key criterion for determining whether an institutional placement is covered by the Interstate Compact on the Placement of Children (ICPC) is the facility’s licensure by the DFPS Child Care Licensing division (CCL).
Hospitals, boarding schools, and mental health facilities are not licensed by CCL and are explicitly excluded from the ICPC.
9352 Documentation
CPS October 2017
To request permission to place a child in a CCL-licensed residential care facility, the other state’s agency provides TICO with:
• Placement Request (100A);
• cover letter, which must include documentation of the financial and medical plan for the child;
• legal orders demonstrating that the other state has custody; and
• written confirmation from the facility that the facility:
• has an opening, and
• has accepted the child to fill the opening.
9353 Approval
CPS October 2017
If TICO approves the placement request, the other state’s agency:
• places the child in the facility;
• completes a Form 2261 Compact Report ICPC (100B); and
• forwards copies to the other state’s compact office and TICO to notify them of the child’s placement.
If TICO denies the request, the other state’s agency must find another placement.
9354 Supervision
CPS October 2017
The facility supervises the placement and sends quarterly supervisory reports to the sending state.
9355 Closing the Case
CPS October 2017
When the child leaves the facility, the other state’s agency:
• completes a Form 2261 Compact Report ICPC (100B); and
• forwards copies to the other state’s compact office and TICO to notify them of the child’s discharge.
Occasionally, the facility itself completes the 100B and sends copies to both compact offices.
TICO must close its case when the child is discharged or turns 18.
9360 Children Placed in Texas
9361 When a Caregiver Moves During the Supervision of an ICPC Case
CPS October 2017
Caregiver Moves Within Texas
If a child and a caregiver in an interstate placement move to another county in Texas during the supervisory period of an Interstate Compact on the Placement of Children (ICPC) case and the other state does not notify the Texas Interstate Compact Office (TICO), the caseworker supervising the placement sends written notice of the move to TICO and the new region’s regional ICPC coordinator.
TICO must obtain a new Placement Request (100A) and Form 2261 Compact Report ICPC (100B) from the other state and enters the data into the ICPC case in IMPACT.
The supervisor reassigns the ICPC case to a caseworker in the new area.
TICO must print out and sign the Placement Request (100A) and send it to the other state, either as an approved or not approved placement.
Caregiver Moves Outside of Texas
If a child and a caregiver move to another state, or return to the other state, the caseworker sends TICO written notice of the move and closes the case in IMPACT.
9362 Interstate Placement Disruption
CPS October 2017
If an interstate placement in Texas fails and the child can no longer remain with the caregiver, the caseworker supervising the placement notifies TICO immediately.
TICO must:
• contact the other state’s interstate compact office to notify the other state that the child return to the other state must be returned to the other state within 5 business days;
• send a closing report to the other state when the child returns to that state; and
• close the case.
9363 Illegal Interstate Placements
CPS October 2017
If a caseworker learns or suspects that a child has been placed across state lines without the approval of an interstate compact office, even if a judge has ordered it, the caseworker immediately notifies TICO in writing about the placement.
Upon notification of the illegal placement, TICO must contact the other state’s interstate compact office to determine whether the placement is subject to the Interstate Compact on the Placement of Children (ICPC).
If the illegal placement is subject to the ICPC, the other state initiates an ICPC home study request.
If TICO does not receive an ICPC home study request, TICO staff must request that the child be returned to the other state.
See 5310 The Requirement for Staff to Elevate Certain Court Orders and its sub-items.
9370 Closing an ICPC Case
CPS October 2017
Once a child is placed in Texas, the Interstate Compact on the Placement of Children (ICPC) requires that the other state retain jurisdiction until:
• the child:
• is adopted;
• reaches the age of majority;
• becomes self-supporting; or
• the receiving state agrees with discharging the child or dismissing the legal case.
Texas Family Code §162.102 Article V
This requirement is intended to ensure that the other state remains responsible for the child until the case is resolved. As long as the other state retains jurisdiction, if the placement is disrupted, or the child requires additional services or funding, the other state’s agency remains responsible for accepting custody of the child or making an alternative approved placement.
The supervisory period in most interstate placements is six months.
9371 Final Recommendation
CPS October 2017
If the courtesy worker supervising an interstate placement in Texas and the other state’s agency agree that the placement no longer needs to be supervised, the courtesy worker prepares a final supervisory report recommending a legal action that closes the child’s case and complete the interstate placement process.
The courtesy worker uploads the final supervision report to the Interstate Compact on the Placement of Children (ICPC) case in IMPACT.
The Texas Interstate Compact Office (TICO) must print the report and send the report to the other state’s interstate compact office for review and agreement.
9372 Agreement
CPS October 2017
The other state’s agency notifies TICO of the final recommendation.
All of the parties must agree with the final recommendation before the court holds a final hearing. If any participant does not agree, the Texas caseworker continues supervising the placement until a recommendation is developed that everyone agrees to.
The Texas caseworker documents all efforts to obtain agreement of the final recommendation.
9373 The Final Court Order
CPS October 2017
When the court issues its final order in the child’s case, the other state’s agency sends to the other state’s compact office:
• Form 2261 Compact Report ICPC (100B); and
• the final court order.
The other state’s compact office forwards these documents to TICO.
TICO must upload the documents into the ICPC case in IMPACT.
If the other state’s agency sends the Form 2261 Compact Report ICPC (100B) and final order directly to the DFPS unit supervising the placement, the caseworker uploads the documentation into the ICPC case in IMPACT and notifies TICO by email.
9400 Interstate Visits
CPS October 2017
Visits Outside Texas
If a prospective caregiver, who resides outside Texas, requests that a child in DFPS conservatorship visit that caregiver in the caregiver’s state, the caseworker notifies TICO in writing.
Before approving the visit, TICO must:
• verify that the request meets the criteria for an ICPC visit;
• verify that the child will return to the sending state at the end of the visit; and
• notify the receiving state’s interstate compact office prior to the visit.
A visit is defined as a stay that lasts for fewer than 30 calendar days. See Regulation 9 of the ICPC Regulations.
A stay that lasts longer than 30 calendar days may be considered a visit if it begins and ends during a child’s vacation from school.
Visits In Texas
Whenever a Texas caseworker learns that a child from another state is staying in Texas, the caseworker notifies the Texas Interstate Compact Office (TICO) immediately, in writing, if the stay is:
• longer than 30 calendar days; and
• without ICPC approval.
If the placement is subject to the ICPC, TICO must request that the sending state initiate an ICPC placement packet.
If TICO does not receive an ICPC placement packet, TICO staff must request that the child be returned to the sending state.
See 5310 The Requirement for Staff to Elevate Certain Court Orders and its sub-items.
9500 DFPS Role in Interstate Compact on the Placement of Children (ICPC) Disaster Planning
CPS December 2021
During a disaster, DFPS is responsible for knowing the location and condition of all children in DFPS conservatorship. In addition, children placed in Texas who are under the conservatorship of another state must also be accounted for and in a safe placement.
Children in DFPS conservatorship Who Are Placed Outside Texas
For children in DFPS conservatorship who are placed in another state, the Texas Interstate Compact on the Placement of Children (ICPC) unit maintains awareness of disaster or emergency events. Staff who report to the director of field create a list of children placed in the affected area and provide the list to the Texas ICPC unit when an event occurs in another state. The Texas ICPC unit immediately emails the ICPC compact office in the receiving state.
The Texas ICPC unit meets internally to review the list of children and identify any new placements that have been made since the date the list was created. The Texas ICPC unit does the following:
- Provides a list of children placed in the affected area to the ICPC office in the receiving state.
- Requests that the receiving state make contact with caregivers and report back to Texas.
If there are concerns about a child in DFPS conservatorship, the Texas ICPC unit notifies the following people about the severity of the concern:
- Primary caseworker.
- Primary caseworker’s supervisor.
- Primary caseworker’s chain of command.
- ICPC regional coordinator.
The Texas ICPC unit follows up with the following, as necessary, until concerns are addressed and the safety of children has been ensured:
- Primary caseworker.
- Primary caseworker’s supervisor.
- The receiving state’s ICPC office.
When a family with a child in DFPS conservatorship evacuates to another state permanently because of a natural disaster, the child’s primary caseworker must do all of the following:
- Submit a Regulation 1 – Relocation of Family Unit home study request through IMPACT to the supervisor along with the Form 100B ICPC Report on Child’s Placement Status requesting supervision.
- Distinguish a child’s case involving a natural disaster by checking the Natural Disaster check box on the Placement Request (100A) and manually entering the name of the disaster in the text field below the check box.
- Submit a closure 100B through IMPACT, notifying the original receiving state that the family and child have moved.
Children in Another State’s Conservatorship Who Are Placed in Texas
If the Texas ICPC unit is notified that there has been a natural disaster in Texas, its staff run a Data Warehouse report to identify children in another state’s conservatorship currently placed in that disaster area. The Texas ICPC unit does the following:
- Provides the regional ICPC coordinator the list of children.
- Requests that the courtesy caseworker make contact with the caregivers and child and report back to the Texas ICPC unit.
The Texas ICPC unit notifies the sending state’s ICPC office of the child’s safety and well-being along with any concerns about the family and child. The Texas ICPC unit follows up with the regional ICPC coordinator, as necessary, until concerns are addressed and the child’s safety has been ensured.
When a family with a child in another state’s conservatorship evacuates to Texas permanently because of a natural disaster, the other state’s ICPC office must submit a Regulation 1 home study request along with the 100B requesting supervision.
9600 Private Interstate Placements
CPS October 2017
The Interstate Compact on the Placement of Children (ICPC) also covers private interstate placements made for adoption and specialized residential care.
While most private interstate placements do not involve DFPS field staff, they do involve the Texas Interstate Compact Office (TICO).
In private adoptions, the birth and adoptive parents (or other parties, as applicable) work directly with the interstate compact offices of the sending and receiving states. The birth and adoptive parents function as the sending and receiving agencies, respectively. Private adoption agencies and attorneys that represent the birth or adoptive parents may also be sending and receiving agencies.