205: interstate compact on the placement of children

Download 205: Interstate Compact on the Placement of Children

Post on 31-Dec-2015

34 views

Category:

Documents

0 download

Embed Size (px)

DESCRIPTION

205: Interstate Compact on the Placement of Children. Learning Objectives. Participants will be able to: Define what an interstate compact is as well as characteristics of an interstate compact. - PowerPoint PPT Presentation

TRANSCRIPT

  • 205: Interstate Compact on the Placement of Children*

    205: Interstate Compact on the Placement of Children

    Learning ObjectivesParticipants will be able to:Define what an interstate compact is as well as characteristics of an interstate compact.Identify circumstances in which the Interstate Compact on the Placement of Children must be utilized.Identify and utilize laws, regulations, and other mandates that impact the movement of children and youth across state lines.Identify ways in which the Interstate Compact on the Placement of Children benefits all stakeholders.Identify with whom jurisdiction lies under various circumstances.Utilize appropriate procedures to place a child/youth across state lines.*

    205: Interstate Compact on the Placement of Children

    AgendaDay OneBrief Introductions and Workshop OverviewWhat is an Interstate Compact?History of the Interstate Compact on the Placement of ChildrenWhat Safeguards are Provided by the Compact?*

    205: Interstate Compact on the Placement of Children

    Agenda (contd)Day One (contd)Who is Required to Use the ICPC and Under What Circumstances They are Required to Use ItInterstate Compact on JuvenilesWho has Jurisdiction?Referral Process

    *

    205: Interstate Compact on the Placement of Children

    Agenda (contd)Day TwoReferral Process (contd)During PlacementCase ClosurePutting the Pieces TogetherEvaluation and Closing

    *

    205: Interstate Compact on the Placement of Children

    What is an Interstate Compact?A formal agreement among and between states that has the characteristics of both statutory law and contractual agreements.Similar to a contract between individuals or corporations, compacts are binding to member states. Once enacted, no member state is able to amend it on its own. *

    205: Interstate Compact on the Placement of Children

    Characteristics of a CompactThey usually focus on one issue that affects multiple states and generally include policies, regulations, and standards agreed to by its members;States can act jointly on issues with or without the existence of federal authorization or consent;States which are members to a compact generally adopt it by legislation so that identical law exists in each participating state;Compact law differs from uniform state law whereby the latter permits different interpretations by courts; andCompact law supersedes state law when a conflict exists within or between states.*

    205: Interstate Compact on the Placement of Children

    History of the ICPCCreated in 1960New York was the first state to adopt the ICPCBy 1990, all states plus the District of Columbia and the Virgin Islands had adopted it.Although Puerto Rico is not a member, all cases with them must go through Pennsylvanias Interstate Compact OfficeCases with Puerto Rico may also be directed through International Social Services

    *

    205: Interstate Compact on the Placement of Children

    Current LegislationLaws that will impact the number of placementsSafe and Timely Interstate Placement of Foster Children Act (2006)Sets time limits for completing home studiesFostering Connections to Success and Increasing Adoptions Act (2008)Requires intensive family finding effortsWithin 30 days after removal, the childs adult relatives must be notified and informed of their options to become a permanent resource for the child.

    *

    205: Interstate Compact on the Placement of Children

    Benefits to ChildrenSafety;Improve likelihood of achieving timely permanency with the Safe and Timely Interstate Placement of Foster Children Act;Access to appropriate services;Ensures that family is able to meet the childs needs;Maintained agency support and oversight following placement; andChild can remain with family.

    *

    205: Interstate Compact on the Placement of Children

    Benefits to FamiliesKeeps families intact;Ensures childs safety;Child may be returned to biological parent in another state;Access to appropriate services;Family supports;Maintain agency support; andProtection of legal rights.

    *

    205: Interstate Compact on the Placement of Children

    Benefits to Children and Youth AgenciesEnsures childs safety;Defines roles and responsibilities;Ensures ongoing supervision/services to child;Improved likelihood of achieving timely permanency with the Safe and Timely Interstate Placement of Foster Children Act;Timelines;Ongoing support from OCYF;Provides Protocol;Encourages collaboration between member states; andMaintains court involvement.

    *

    205: Interstate Compact on the Placement of Children

    Who Must Use the ICPC?A state party to the Compact, or any officer or employee of a party state.A subdivision, such as a county or any officer or employee of the subdivision.A court of a party state.Any person (including parents and relatives in some instances), corporation, association, or charitable agency of a party state.*

    205: Interstate Compact on the Placement of Children

    Regulation 3130.41 ICPC 3130.41. Requirements relating to interstate compacts.The county agency shall comply with:the requirements of the Interstate Compact on Juveniles; andthe Interstate Compact on the Placement of Children. *

    205: Interstate Compact on the Placement of Children

    Interstate Compact for JuvenilesThe Interstate Compact on Juveniles was created in 1955.The Interstate Compact for Juveniles was introduced to the states in 2003 and enacted in 2008.Regulates the movement of juveniles who are under court jurisdiction when moving across state lines.It is used mostly by the Juvenile Justice System but is used by the Child Welfare System when a juvenile has run away to another state without consent or has a pending court proceeding.

    *

    205: Interstate Compact on the Placement of Children

    Regulation 3130.41 ICJ 3130.41. (1) Requirements relating to interstate compacts. (1)Under the provisions of the Interstate Compact on Juveniles, the county agency shall:Provide the services necessary to return a nondelinquent juvenile who has run away from home or other placement to a county within this Commonwealth.Return to the county alleged or adjudicated dependent children who are under the supervision of the county agency or the court and who have run away or absconded to other states.*

    205: Interstate Compact on the Placement of Children

    Potential Runaway Scenariosa youth who is willing to return to their home state voluntarily anda youth who is unwilling to return to their home state voluntarily.

    *

    205: Interstate Compact on the Placement of Children

    Jurisdiction DefinedRegulation 3 of the ICPC defines jurisdiction as:the established authority of a court to determine all matters in relation to the custody, supervision, care and disposition of a child.

    *

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction?Johnny was placed with his aunt in Maryland, by a Pennsylvania County Children and Youth Agency. Who is responsible to maintain custody?*

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Carly was placed with her biological father in Pennsylvania, by the Department of Human Services in Florida. Who is responsible for matters regarding disposition of the case?*

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Josh is currently placed in a foster home in Pennsylvania and is awaiting completion of a home study on his mothers home in Maine. With whose laws must the home study comply?*

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Suzy was placed with her aunt and uncle in Ohio, by a Pennsylvania County Children and Youth Agency. Suzy needs reading glasses and the insurance will only cover a portion of the cost. Who is responsible for the remainder of the cost?*

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Zack was placed with relatives in Pennsylvania by New Jersey Department of Children and Families, due to ongoing drug abuse by Zacks mother. New Jersey Department of Children and Families wishes to return Zack. Do they have this right?

    *

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Chris was placed with her biological father in Ohio, by a Pennsylvania County Children and Youth Agency, via ICPC. She was recently arrested for stealing a car. Does Ohio have jurisdiction to remove Chris from her fathers home for purposes of placement in a juvenile detention center?*

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Eugene was placed in an adoptive home in Pennsylvania, by an Ohio County Childrens Services agency. Termination of Parental Rights has been completed and the adoption is to be finalized in Ohio. Which states laws govern the adoption process?*

    205: Interstate Compact on the Placement of Children

    Who Has Jurisdiction? (contd)Codys mother is a Pennsylvania resident and is being incarcerated for one year. Cody has no other relatives in the area. Children and Youth Services has Cody placed in a foster home and was in the process of making a home study request for an maternal aunt in California, when Codys mother informed them that Cody is affiliated with the Delaware Indians from New York. Who has jurisdiction?*

    205: Interstate Compact on the Placement of Children

    Levels of ActivitySending AgencyAgency where child residesSending StateICPC Compact Administrator in childs stateReceiving StateICPC Compact Administrator in prospective guardians stateReceiving AgencyAgency where prospective guardian resides

    *

    205: Interstate Compact on the Placement of Children

    Cause for DelayAccording to a report by

Recommended

View more >