STATE OF FLORIDA

DEPARTMENT OF CHILDREN AND FAMILIES

TALLAHASSEE, October 10, 1997

CF OPERATING PROCEDURE NO. 175-54

 

Family Safety and Preservation

 

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

*(See also, FAC 65C 15.037)

 

1.  Purpose.  This operating procedure describes the functions and requirements for administration of the Interstate Compact on the Placement of Children (Compact).

 

2.  Scope.  This operating procedure is applicable to all districts, Family Safety and Preservation program staff and Child Welfare Legal Services attorneys as well as providers of child welfare services under contract to the department, who are involved in the interstate placement of dependent children.  See also, CFOP 175-55, Priority Placement Under the Interstate Compact on the Placement of Children.

 

3.  Authority.  The Compact is enacted in Florida law at sections 409.401, et seq., Florida Statutes (F.S.).

 

4.  Definitions.

 

a.  The “Interstate Compact on the Placement of Children” (Compact) has been enacted verbatim into statutory law in all fifty states, the District of Columbia and the U.S. Virgin Islands. [Puerto Rico and Guam are the only United States jurisdictions that have not adopted the Compact.]   It establishes a contract among the states and jurisdictions that enact it to ensure orderly procedures for the interstate placement and post-placement supervision of children and fixes responsibilities for those involved in placing the child.  It requires, among other things, that the sending state have and maintain sufficient court jurisdiction over the child during placement in the receiving state to be able to have the child returned, if necessary, to the sending state, and to be financially responsible for the child if parents, relatives or other means of financial assistance are not available in the receiving state.  Also, sending state court jurisdiction over the child shall not be terminated during the period of the placement without the concurrence of both states’ compact administrators, except when the child is adopted, reaches the age of majority or becomes self-supporting.  The term “self-supporting” is not defined in the Compact law, so it is recommended that any use of this term for the purpose of terminating jurisdiction must include a specific judicial finding that the child is “self-supporting” in the court order.

 

 

OPR:  PDFS

DISTRIBUTION:  X:  OSES(1); OSLS(1); ASGGS(5); PDFS(5); PDFSC(1); PDFSD(1); PDFSF(5); PDFSH(1); PDFSI(100); PDFSP(1); PDFSQ(15); PDFSS(10); PDFST(5); FSW(12); Professional Development Centers(60); Auditor General(2).  Districts Distribute as Follows:

 

District    1   2   3   4   5   6   7   8   9  10  11  12  13  14  15   Total

DA          1   1   1   1   1   1   1   1   1   1   1   1   1   1   1      15

DMAS        1   1   1   1   1   1   1   1   1   1   1   1   1   1   1      15

DPOCF     165 195 198 300 290 435 410 176 169 275 635 134 170 242 125   3,919

Total     167 197 200 302 292 437 412 178 171 277 637 136 172 244 127   3,949


            b.  For the purpose of this operating procedure, the words “sending agency” or “sending local agency” shall be understood to mean:

 

                        (1)  A party state, including United States jurisdictions, party to the Compact, or any officer or employee of a party state;

 

                        (2)  A subdivision, such as a county or a city, or any officer or employee of the subdivision of a party state;

 

                        (3)  A court of a party state; or,

 

                        (4)  Any person (including parents and relatives in some instances), corporation, association, or charitable agency of a party state, which sends, brings, or causes to be sent or brought any child to another party state.

 

c.  For the purpose of this operating procedure, the words “Receiving state” or “receiving local agency” shall be understood to mean the party state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

 

d.  International Social Service/American Branch” is part of an international nonsectarian network with headquarters in Geneva, Switzerland, that works with social service agencies in most countries of the world.  Foreign countries are not covered under the Compact.  However, in an effort to provide a resource for home studies, diligent searches or post-placement supervision in foreign countries that are deemed necessary by a Florida court or Family Safety and Preservation staff, the Family Safety and Preservation central office maintains a sole source contract with International Social Service/American Branch administered by the Family Safety and Preservation Interstate Compact Administrator’s office. All requests for International Social Service/American Branch contracted services must go through the Compact Administrator’s office.  Florida courts have no jurisdiction over dependent children placed into foreign countries.

 

e.  Puerto Rico and Guam” are United States territories which have not adopted the Compact into statutory law.  The Family Safety and Preservation central office can offer suggestions on ways to obtain home studies, diligent searches or post-placement supervision in these locations when it is deemed necessary by a Florida court or Family Safety and Preservation staff.  Florida courts have no jurisdiction under the Compact over children placed into these territories.

 

f.  Uniform Child Custody Jurisdiction Act” [See Section 61.1302-61.1348, Florida Statutes]    The Uniform Child Custody Jurisdiction Act is primarily devoted to issues relating to ‘custody’.  Under the Compact, ‘custody’ is never an issue since the dependent child(ren) is always under the jurisdiction of the sending state court.  [For example, under a Florida protective supervision court order, physical custody is granted to a parent or relative in a ‘receiving state’, but the court still retains jurisdiction and the department retains ‘protective supervision’ over the child(ren).]  Therefore, the Uniform Child Custody Jurisdiction Act must never be used to thwart, or otherwise interfere with, the jurisdiction of a ‘sending state court’ over a child placed into a ‘receiving state’ under the Compact.

 

g.  Non-Custodial Parent” for the purpose of this operating procedure, it shall be understood to mean a legal parent who does not have full rights to uninterrupted physical custody of his or her child or children.  This situation usually develops when there has been a divorce or legal separation, and one parent is given primary custody by a court.  Even in cases of ‘joint custody’ of a child, one parent is usually given primary custody, while the other, or ‘non-custodial’ parent, is given court ordered visitation rights, or limited/structured access privileges to his or her child(ren).

 

h.  Regulation” means a regulation promulgated pursuant to Article VII of the Interstate Compact on the Placement of Children.  There are currently seven Compact regulations.  The forum for promulgation of Compact regulations is the annual meeting of the Association of Administrators of the Interstate Compact on the Placement of Children.

 

i.  Indian Child Welfare Act” (Public Law 95-608, 25 USC 1901) (See CFOP 175-36, Reports Involving Indian Child).  Each year, the Bureau of Indian Affairs is required to publish a list of the over 500 federally recognized Indian tribes in the United States (see 60 Federal Register 6250 dated February 16, 1995).  Currently, there are two federally recognized tribes in Florida:  the Miccosukee Tribe of Indians of Florida, and the Seminole Tribe of Florida with reservations at Dania, Big Cypress and Brighton.  Each Indian tribe is a sovereign nation.  They may enter into a written agreement with the state child welfare agency to coordinate child welfare services on Indian lands.  Indian children cannot be adopted by non-Indians without the approval of the tribe from which they are descended.  If a birth mother is enrolled or enrollable in an Indian tribe, then approval of that tribe to the adoption of that Indian child is required by the Indian Child Welfare Act.  Also, child welfare services must not be provided to Indian children without first determining the jurisdiction of the Florida court over the Indian child, and whether the Indian tribe wants to make service decisions on behalf of that Indian child, even if that Indian tribe is in another state.  The central office can assist district offices in contacting Indian tribes in other states to resolve jurisdictional and service provision issues.  Districts must contact the social services directors of the Miccosukee or Seminole Indian tribes if there are any questions as to Indian children in district care.

 

5.  Types of Placements Covered by the Compact.  The Compact applies to three types of situations in which dependent children may be sent to other states, and one type of situation in which an adjudicated delinquent child may be sent to another state:

 

            a.  Placement preliminary to an adoption or guardianship powers under Chapter 39, F.S.

 

            b.  Placements into foster care, including foster homes, group homes, residential treatment facilities, non-relative placements, and child caring institutions.

 

c.  Placements with parents or relatives where the child remains a dependent or under court-ordered supervision of the sending state unless the placement is being made by a parent or relative with undiminished custodial control over the person of the child.

 

            d.  Placement of an adjudicated delinquent child into an institution pursuant to Article VI of the Compact.  [See Section 409.405, F.S.]

 

6.  Administering the Compact.

            a.  In Florida, the Compact is administered by the Family Safety and Preservation central office

and each district Family Safety and Preservation program office .  It is a statewide, direct service, operational program which assists Family Safety and Preservation direct service staff in their efforts to place children in another party state.  It also approves all interstate adoptions and residential/group home placements.  Requests to place children into Puerto Rico, Guam and all foreign countries must also be sent to the central office even though such requests would not come under the Compact.

 

b.  Although based on statutory law in each party state, the Compact is really a cooperative program whereby a local social worker in a receiving state local agency (district) is legally authorized to conduct social work on behalf of a sending state local agency (district) without charging a fee provided that the child is under court jurisdiction in the sending state.  Therefore, a local direct service worker could, at different times, be either a ‘sending’ worker, or a ‘receiving’ worker.  In order to reduce delays in obtaining interstate home studies and improve communication at the worker level, it is now a national Compact policy to encourage the local ‘receiving’ social worker to call the ‘sending’ social worker immediately upon having a Compact case assigned.  It is generally felt that by encouraging direct contact between the two social  workers or their respective supervisors early in the process, it will promote the free flow of updated or new information about the child or resource, and thereby assist in the successful completion of the home study in a timely manner.  Likewise, the local social workers are encouraged to send documents to one another directly by facsimile transmission as long as they do not forget to send copies of those same documents to their respective state Compact office.  Also, every available occasion ought to be utilized to remind judges, attorneys, social workers and the people being studied that the state compact administrators have the statutory responsibility to approve (or disapprove) all placement requests before they are legally authorized.

 

c.  All district requests for child placement services in locations outside the state of Florida must first be sent to the central office through the respective district Family Safety and Preservation program office.  If someone is not sure what to do, or has a question, they can always call their district Compact specialist or the central office.

 

d.  All incoming requests for services from other states and foreign countries must have been sent first to the central office before being received by a district.  If a request is received directly from another state or foreign country, the person who received the request must first contact the central office to determine if a Compact case exists before services can be legally authorized and provided under the Compact.  Social workers attempting to provide services to children or families from other states, when the children or families would not otherwise be eligible for those services in Florida, may be liable for their actions since the other state has not legally authorized Florida to represent them under the Compact in providing those services directed toward the acts which had previously taken place in the other state(s).  A one time request that is received directly from another state social services agency or licensed provider for an interview, consent signature, and the like,  which requires the voluntary cooperation of a Florida resident, can be handled pursuant to district policy.  If requested, the central Compact office will provide technical assistance on these types of requests, or assist in verifying the source and nature of the request.

 

7.  Processing Outgoing Requests for Interstate Placements (from Florida to another state).

            a.  A caseworker considering an interstate placement for a child must submit a separate home

study request for each resource (parent or relative) with a separate physical address location.  If more than one family member lives at an address, then the name of the family member that will have primary (or court ordered) responsibility for the child must go on the Compact 100A Form.  The other family members residing in the household must be identified in the cover letter, if known.

 

b.  Frequently, multiple requests for home studies are made on the same child because there are two or more relatives (each with a separate address) who want to be considered as a placement resource for the child(ren).  These resources may all be in the same community or state, but at other times, the resources may all be in different states.  Multiple requests can be helpful for placement planning, especially when the proposed placement resource is an elderly person, such as a grandparent.  Another resource in the same community, or even the same state, might provide an alternate placement source should the initial placement disrupt, or the resource finds out that they cannot handle the child.  (See paragraph 8d below.)  Multiple requests can also be used for “diligent search” requirements when evidence of parental or relative contact is required for termination of parental rights.

 

            c.  The caseworker shall send each request to the district Family Safety and Preservation program office Compact Specialist.  Do not FAX the request.  The request package shall contain, at a minimum:

 

                        (1)  One copy of a District Compact Transmittal Form [see attachment C];

 

(2)  One copy of the six page (DO NOT SEPARATE THE PAGES!) “Interstate Compact Placement Request” (ICPC 100A Form) [see attachment A].  After signing the form, the local district office keeps the 6th page for their case file along with a complete copy of the request package;

 

(3)  Three copies of an overall cover letter [see attachment G] identifying the resource and explaining any ongoing needs of the child, any special requirements that the resource must meet, and a separate paragraph stating the ‘financial/medical plan’ (see paragraph 7m below), as well as the sending [district] worker’s telephone number.  Because other state and local agencies are accustomed to interacting with the department, and to forestall any delay, providers of child welfare services under contract to the department who use their own letterhead stationery must include the following sentence in their opening paragraph:  “This request for child welfare services is being made pursuant to our contract with the Florida Department of Children and Families.”

 

                        (4)  three copies of a social assessment of the child [see attachment F], or PDS; and,

 

(5)  Three copies of the most recent court order showing dependency, and a legal status of foster care or protective supervision.  An Order of Compliance [see attachment E] must also accompany a Protective Supervision Court Order.

 

                        (6)  If the request is for an adoption, also see paragraph 10, Interstate Adoptions.

 

                        (7) If the request is to place a child in a residential facility, institution or group home in another state, also see paragraph 8d(2) below.

 

d.  Additional items that would be helpful to the receiving state social worker include, if available, three copies of the following documents:  current predisposition study, psychological study, medical report, Title IV-E Notice of Case Action (form CF-ES 2629), birth certificate, social security card or number, previous home study or foster care licensing report, etc.  The only information that the receiving state social worker (your counterpart) will have about the Florida child or the resource in the other state is what the Florida caseworker provides in the ‘request package’.

 

e.  The district Family Safety and Preservation Compact Specialist will review the package for completeness and log in the request before forwarding it to the central office.  Do not FAX the request. The central office will validate the request, sign off on the Interstate Compact Placement Request-100A form, enter the request into the Interstate Compact System and forward the request to the receiving state Compact office within three business days of receipt.  A copy of the central office transmittal memorandum confirming that the request was processed will be sent to the sending district local worker via the District Compact Specialist.

 

f.  Pursuant to the Compact, the receiving state Compact office will log in the sending state’s request for a home study of the proposed placement resource, verify completeness of the request packet, and mail it to the local office in their state that covers the community where the resource lives.  Hopefully, the local worker in the receiving state to whom the  case is assigned will call the counterpart worker in the sending state as soon as he or she has read through the request package.  This initial phone call will provide an opportunity to update the request with any new information, and possibly get some idea as to how long it will take to receive the results of the home study.  It may also be possible to utilize the alternative options discussed in paragraph 9d below.  If not, the receiving state may be willing to cooperate in expediting the home study by communicating their decision as soon after the home visit and background check information is available, thus avoiding the wait for a hard copy.  Also, if the receiving state Compact office will cooperate, the receiving state local office may be able to send a facsimile copy of the home study to the sending state local office at the same time that they facsimile a copy to their state Compact office.  If so, the  sending state’s central office  can obtain a verbal decision (approval or disapproval) over the telephone and so advise the worker immediately as to whether or not he or she can start making plans to place the child with the resource.  Where a decision has been forwarded orally, no formal action must take place in the district and/or court until a copy of the signed Compact 100A Form has been received (by FAX) confirming the verbal action.

 

g.  After the receiving state local office has completed the home study, it prepares a report which includes a recommendation on whether or not the placement can be made.  This report is transmitted to the receiving state Compact office for review.  If the receiving state’s recommendation is favorable and it is determined that all requirements of the receiving state’s laws have been met, the placement will be approved.  If, however, the local receiving agency recommends against the placement or it is determined that the placement cannot lawfully be completed, the placement will be denied by the receiving state Compact office unless the problems can be remedied.

 

h.  When the request to place a child has been approved by the receiving state Compact office, they will sign the 100A Form indicating that “placement may be made”, and return the form (now a legal document) and the approved home study to the sending state Compact office, which will, in turn, send the documents to the local (district) sending office.  The sending and receiving local office workers must now work together to arrange the details and date of the actual placement.  Final agreements are clarified or entered into regarding payment for the child’s care, the type of monitoring of the placement, and the frequency of visits and post-placement supervisory reports to be provided to the sending agency.

 

i.  Under Florida law, a completed home study is confidential and therefore exempt from public records disclosure if it was requested for a child placement where the child is under a court’s adoption or dependency jurisdiction.  The subject of a Florida home study may be given a copy upon request.  Other states’ confidentiality laws may differ in this respect.  If the home study was prepared in another state, and the subject of that home study requests a copy from the department district office, it is recommended that the subject’s request first be referred back to the other state’s local office to request the copy.  However, if the request is denied by the other state, or the subject insists that we provide the copy, the request should be honored and the copy provided by the district office.  This can be a difficult situation, especially when the other state does not provide a copy of the home study to the subject.  Nevertheless, once the home study is placed into the Florida case file, it becomes subject to Florida law as well as department operating procedures and policies.

 

j.  After all plans and agreements have been completed, the child is actually moved to the receiving state and placed with the approved resource.  The sending agency must notify the receiving state of the placement by using the “Interstate Compact Report On Child’s Placement Status” 100B Form.   (See attachment B.)  The sending state case must remain open while the child is in the receiving state since the sending state must retain jurisdiction during the period of placement, pursuant to Article V of the Compact.  The receiving state local agency will usually perform monthly visits and prepare a quarterly written report, which can be used to keep the Florida court and others informed as to the progress of the child.  After six months of supervision, the receiving state may recommend termination of supervision.  However, the decision to terminate supervision rests with the sending state (Florida).  If supervision is terminated, the sending state court must still retain court jurisdiction for as long as the child remains in the other state, unless the receiving state consents in writing to termination of jurisdiction, or the child is adopted, reaches the age of majority or becomes self-supporting.

 

k.  NEW YORK:  At the present time, the state of New York will not accept a Compact request for a home study under a Florida protective services court order where the New York parent or relative needs financial and/or medical assistance payments to care for the Florida child.  In all other states, the resource can apply for an AFDC child only grant which also brings Medicaid coverage with it.  Therefore, if the district wants to place a child in the home of a parent or relative in New York, the district must obtain a Florida court order placing the child in Foster Care and agree to pay foster care board rates to the New York resource, and if needed, provide a copy of the Title IV-E Notice of Case Action (form CF-ES 2629) on the child for Medicaid.  If the child is not Title IV-E eligible, then some other means of medical support will have to be worked out at no cost to New York.  The only exception is if the New York resource certifies that they will not need any financial or medical assistance from New York to care for the child.  In those cases, a Florida protective services court order along with the certified (notarized letter recommended) statement will be accepted.

 

l.  If a district would like to purchase a home study or other child welfare services from another state (see paragraph 9d below), it is recommended that the district worker contact the receiving state local office directly to inquire as to local policy or private provider availability and cost for services.  If services are available for purchase, then proceed with district procedures for purchasing the required service, and also immediately notify the central Compact office in writing of the proposal, including names and phone numbers of those involved in the receiving state.  The central office will confirm the district proposal with the receiving state Compact office to insure that it is in compliance with the receiving state policy and that it will be acceptable.  This approach will save time for all concerned, especially in large states where the receiving state Compact office may not be aware of approved alternative home study options with private providers in local offices or counties.  However, if the worker cannot determine if private provider services are available in a receiving state, then FAX a brief memorandum to the central Compact office detailing the district proposal, including ICPC 100A information on the child and resource.  A written response back to the district will be made within two (2) business days of receipt of the initial memorandum.  [In many instances, these initial attempts to use private provider services in other states (and in Florida as well) to purchase child welfare services will be among the first efforts to implement the recommendations of the Joint Committee on ICPC Improvement in this specific area.  Those successful attempts will pave the way for future utilization of this option in that city, county and/or state by other districts, as well as other states.]

 

m.  Many states require a FINANCIAL/MEDICAL PLAN.  This is simply a separate letter, or a separate paragraph in the cover letter, which states that the proposed resource was specifically asked how he or she is going to provide day-to-day support (food, clothing, etc.), and medical support, for the child(ren).  Unlike New York (see paragraph 7k above), most states will allow the resource [if a qualifying relative] to apply for an ‘AFDC child only grant’, which provides both financial assistance and Medicaid coverage.  Another option is for the district to pay Foster Care payments [either the Florida board rate, or the receiving state board rate] to the resource provided they can be licensed or qualified as foster parent(s) by the receiving state.  For Medicaid only coverage in the receiving state, include a copy of the Title IV-E Notice of Case Action (form CF-ES 2629).  Another plan that can be used is that the resource does not require financial or medical assistance with the placement.  If this latter option is used, a signed letter from the resource must be obtained and included in the request package.  Each request must address the ‘financial/medical plan’ aspects of the child placement with each proposed resource in a separate paragraph in the cover letter [see paragraph 7c(3) above].  Regardless of the above, the sending state [Florida] is always ultimately financially responsible for the child(ren) as long as the child(ren) remain(s) in the receiving state (see paragraph 8a below).

 

8.  The Sending Local (district) Agency’s Responsibilities.

 

a.  While the child remains in the out-of-state placement, the sending state [district] must retain legal and financial responsibility for the child.  This means that the sending state [district] has both the authority and the responsibility to determine all matters relating to the custody, supervision, care, treatment, and disposition of the child, just as the sending state [district] would have if the child had remained in the home state.  Retention of court jurisdiction over the child while the child is in the receiving state ensures legal authority by the district to make financial expenditures on behalf of the child, and the return of  the child for reunification when so determined by the court.  [The term ‘financial responsibility’ seems to give social workers the greatest concern, especially on the ICPC 100A Form.  It simply means that the sending state has the legal authority and duty to expend state resources on this child, even while the child is in the receiving state.]  For example, this is necessary in order to be able to pay for the return of the child should there be a disruption in the placement, or if an unanticipated emergency medical expense became necessary, and the child was not Medicaid eligible.  The legal authority of the sending district to make expenditures on behalf of the child while the child is in the receiving state is exactly the same legal authority it has as if the child had remained in the sending district.

 

b.  The sending state’s responsibilities for the child continue until it legally terminates the interstate placement.  It may terminate the placement by court ordering the return of the child to the sending state district, which would occur if the court decides that reunification of the child with the parent from whom the child was originally removed is now possible, or if the placement resource in the receiving state indicates that they can no longer care for the child.  The placement may also be terminated with the child left in the receiving state when the child is legally adopted, becomes self-supporting, or reaches the age of majority, or for other reasons, but only with the prior concurrence of the receiving state.  A Florida court cannot unilaterally and arbitrarily terminate jurisdiction of a child placed in a receiving state under the provisions of the Compact unless the child is legally adopted, becomes self-supporting, or reaches the age of majority, as stated above.

 

c.  The sending agency must also be responsive to the receiving state’s request to return the child if the placement disrupts, or if the receiving state withdraws its previous approval for placement.  The decision that the placement has disrupted, or that prior placement approval is to be withdrawn, is the sole prerogative and professional responsibility of the receiving state.  A timely response by the sending state [district] is expected whether the child is in imminent danger or not.  In most cases, the child will need to be escorted back to the sending state district.  This means that approval for travel must be obtained, actual travel must be scheduled, and arrival and departure times coordinated with the receiving state local workers.  The district shall keep the Florida court apprised of any change in the physical placement of the child.

 

d.         (1)  To avoid returning the child(ren) to Florida, additional placement options in the same community or state could be utilized if more that one resource was requested to be studied for this child.  If another resource was approved, then it may be possible to relocate the child within the receiving state.  If there are no family members in Florida, and all family members in the receiving state either do not want the child(ren), or are not suitable, then a request (by telephone) may be made to the receiving state local office to determine if there are any foster care placements available, or if there are any residential facilities, institutions or group homes available in whose placement the child would remain geographically closer to the family.

 

(2)  Any proposed placement of a child in a residential facility, institution or group home in another state will require a Compact 100A Form with the name and address of the facility or home shown in Section II-Placement Information, along with a copy of the letter of acceptance or agreement to admit the child, and other supporting documents as listed in paragraph 7 above.  It is the responsibility of the district worker to locate such a placement in the other state, and the district will be responsible for making arrangements to contract and pay for this placement option.  If a Florida child is placed in a residential facility, institution or group home in another state, it will be the responsibility of the sending district to make the necessary arrangements to obtain reports of supervision/progress on the child directly from the professional staff of the facility or home, as most states, like Florida, do not supervise child placements in licensed facilities or licensed homes.

 

e.  Any ‘placement’ of a child into a receiving state without the approval of the receiving state is an illegal placement and violates the Compact.  A “visit” of a child to a receiving state has been defined by the Association of Administrators of the Interstate Compact on the Placement of Children as a visit of thirty days or less, unless during the summer, when it can last from the traditional end of school until the traditional beginning of school.  [See attachment D.]  The Association has also determined that a “visit” is not a placement, per se, and therefore is not covered by the Compact.  Accordingly, a home study cannot be requested through the Compact for a visit.  If a visit is desired, then the worker must take responsibility to satisfy any concerns about the visit resource and the safety of the child, and recognize that the child is still under the jurisdiction of a Florida court and that the department will be responsible for the child while the child is on a visit.  The Association is well aware of the use, or misuse, of the “visit” to get around the delays associated with use of the Compact and waiting for an approved home study from the receiving state before an approved placement can be made.  Calling it a ‘visit’, even in a court order, does not make it a visit if it does not qualify as a visit under the compact administrator’s definition.  That means that the protections afforded to the child by the Compact do not exist.  The social workers in the receiving state do not have legal authority to represent the sending state worker in providing services to the child, and the Florida court has no jurisdiction over the child under the Compact.  This issue is discussed further under paragraph 11e below.

 

f.  The sending agency must notify the receiving state’s Compact administrator of any change in the child’s situation, family or court status, again using the 100B Form.  Changes of status may include a termination of the interstate placement or such things as a new placement of the child in the receiving state or a transfer of legal custody.

 

9.  Processing Incoming Requests for Interstate Placements (from another state to Florida).

 

a.  All incoming Compact requests for child welfare services from another party state must have gone through the central compact office initially, or at least be known to the central compact office, and must have been sent to a district Family Safety and Preservation Compact Specialist for assignment to a local office supervisor, and subsequent assignment to the local Family Safety and Preservation worker.  If the request did not come from either the district Family Safety and Preservation Compact Specialist or the central compact office, then the central office must be contacted before taking any action on the request.

 

[NOTE:  As a result of national dissatisfaction with the delays experienced in obtaining home studies, and subsequent delays in placing children with parents or relatives in other states, a joint committee of three national organizations ( the National Council of Juvenile and Family Court Judges, the National Association of Public Child Welfare Administrators, and the Association of Administrators of the Interstate Compact on the Placement of Children) have made several recommendations for improving the Compact process in both the ‘sending’ and ‘receiving state’, but mostly in the ‘receiving state’.  Since any party state can be either a ‘sending’ or a ‘receiving’ state, these recommendations should benefit everyone equally, provided that all party states implement them uniformly.  Therefore, some of the recommendations have been included in this section and will provide ‘new’ approaches to expediting interstate requests.]

 

b.  If the incoming request was properly processed and is complete, then the first thing that must be done after reading the request package is to contact the sending state worker, by telephone to ascertain if there have been any changes in the child(ren) or case status in the sending state, or if there have been any changes with the resource in the Florida community, such as a new phone number, street address, etc.  Also, this will provide an opportunity to ask questions about the information in the request, clarify any issues and request additional information.  This phone call is expected to accomplish several things, chief among them is “putting a voice” to the pile of papers that make up the request, and providing an opportunity for worker-to-worker professional contact.  It also lets the sending state worker know that the request has been received and that ‘help’ is on the way.  In the past, it was not uncommon for there to be no contact between the local workers until the home study was received some months later.  [If the sending state worker does not return the phone call after two attempts, call for the supervisor next time.  If there is no response from the supervisor, please call the central office.]

 

c.  One of the national report recommendations addresses the recognition that the Compact process is often lengthy and the subject child may have been waiting in an emergency shelter or foster home in the sending state during the case processing period.  It recommends that party states establish ‘priority recognition’ for regular or ‘normal’ incoming interstate cases.  [NOTE:  This should not be confused with Regulation #7 Priority Placement requests - see CFOP 175-55.]  While it is true that this is not a ‘Florida child’ per se, the resource parent or relative is a Florida citizen, and, to quote from the national report, “(A) child is a child regardless of where he or she happens to live.”  Each district will have to ‘work out’ their approach to establishing  priority recognition for these ‘normal’ incoming Compact cases.  In some district offices, there is sufficient volume to assign a full time worker to handle all incoming Compact cases.  In other offices, it may be feasible to assign a worker as the ‘primary Compact worker’.  Accordingly, when Florida is the receiving state, the receiving [district] worker must be prepared to let the sending worker know when the home study [see attachment 8] will be completed, typed and “in the mail’.  Central office guidelines say thirty days from the date that the request is received by the receiving [district] worker.  In meeting or exceeding this standard, there are certain underlying assumptions, such as the resource being available, cooperative and still interested in receiving the child, and the receiving [district] worker being healthy and available as well.  Having established contact with the sending worker already, the receiving [district] worker can keep her or him informed of progress or non-cooperation on the part of the resource.  [If the sending worker wants the home study in less time than the ‘standard’, then the receiving [district] worker may be able to offer one of the alternative options listed below.]

 

            d.  Alternative options to the home study being performed by Florida, as the receiving state child welfare agency, should the sending state want a home study in less time than Florida’s standard, include the following:

 

(1)  The Florida resource may offer to pay a Florida licensed private provider in his or her community to conduct a standardized home study.  The licensed provider would have to follow the same home study standards that the receiving [district] worker would have to follow if he or she did the home study, including obtaining background checks.  If the home study is favorable, and placement is made, the receiving [district] worker might have the responsibility for post-placement supervision with monthly visits and quarterly written reports.  Or, the resource might be willing to pay the same licensed private provider for supervision also.  While this would keep this case out of the receiving [district] worker’s caseload and place the burden entirely in the private sector, it must be understood and accepted that if there is a disruption, or complaint of abuse or neglect, the receiving [district] unit supervisor or worker may have to get involved.

 

(2)  The sending state local agency may offer to contract with a private licensed provider in the Florida community to conduct a standardized home study or provide post-placement supervision.  Similar to the above option, the receiving [district] worker might have to provide the post-placement supervision, depending on the individual district or state agreement with the licensed provider.  If not, then the receiving [district] unit supervisor or worker might have to become involved if there is a disruption or a report of abuse or neglect.

 

(3)  If a parent or relative does not want the child, or if their home study is not approved, then the receiving [district] worker may want to furnish the sending state local worker with the names of licensed residential placement facilities, group homes or child caring institutions that the sending state could negotiate with directly and contract for those placement services.  [See paragraph 8d above.]  Again, this would remove the child from the receiving [district] worker’s caseload since the department does not supervise interstate placements into licensed facilities.  Supervisory reports would be sent directly to the sending state worker by the facility.

 

(4)  In Florida, the central Compact office recommends that districts use only licensed child placing agencies as an alternative option to arrange for home studies and/or post-placement supervision when the requesting party in the sending state, or the Florida resource, is willing to pay a private Florida provider to conduct certain specified child welfare services.  This approach would only be used if the district has determined that it could not complete the requested service by a desired due date of a sending state court, social services agency or the Florida family resource.  Districts should consider entering into a written, no-cost, annual agreement or understanding between the district and each licensed child placing agency to be utilized for this purpose.  The agreement should include, but not be limited to, the following:  case referral procedure, home study and post-placement supervision report format, other child welfare services (if any), district contact/liaison (unit supervisor or higher), district unit review and approval process (if any), post-placement supervision (either by the agency or the district), placement disruption procedures, disclosure of fees to be charged to the sending state or Florida resource, minimum staff qualifications, and procedures for agreement updates, amendments, renewal, and dispute resolution.

 

e.  The central office will accept the receiving [district] worker’s and supervisor’s recommendation on the home study of the resource.  Also, the central office will be prepared to help the district and sending state workers to expedite matters by granting ‘verbal approval or disapproval’ for the placement as soon as the receiving [district] worker has completed the home visits and is in a position to make a recommendation to the supervisor (and, if the receiving  [district] worker or supervisor desires, before the report is even typed).  The central compact office encourages facsimile transmission of the typed report by the district directly to the sending worker.  There is no restriction on such transmissions as long as copies are also sent to the central compact office at the same time.  It is important to insure that the central office has the same ‘hard copy’ documents in its case file as the receiving [district] worker has in his or her file.  This will insure maximum capability to assist the receiving [district] worker in his or her dealings with the other state if the need arises.

 

f.  One of the Joint Committee’s recommendations is to give greater recognition and ‘standing’ to a non-custodial parent, especially if that parent checks out as a ‘non-offending’ parent.  In the past, the Compact process has lumped parents with relatives and treated them all the same.  There is a growing trend among the states and courts, Florida included (see paragraph 11g below), to return children to a non-custodial parent when the child has been removed from the other parent.  However, many courts still want to know something about that non-custodial parent before they feel comfortable in allowing the child to go with that parent.  There is also the ‘reunification issue’ for the sending state court to consider in making its decision.  Accordingly, when a non-custodial parent is the resource in an incoming interstate request, the receiving [district] worker will have the option of expediting the placement process by first conducting a preliminary home study and full background check by using the ICPC 102 Form, which can be completed in legible handwriting.  [See attachment C, CFOP 175-55.]  [Note:  Use of the ICPC 102 form does not automatically make the case an ICPC Regulation #7 Priority Placement Request.]  If there are no ‘red flags’ that would indicate a more in-depth home study or further background investigation is needed, then the placement may be approved based on the completed ICPC 102 Form home study.  The receiving [district] worker can also include in the completed home study recommendation that post-placement supervision is not deemed necessary or recommended.  This may eliminate a Compact post-placement supervision case from the receiving [district] worker’s caseload.  The final decision, however, will rest with the sending state judge.  The sending state court may accept the receiving [district] worker’s home study recommendation, but decide that a minimum amount of post-placement supervision is warranted.  The judge may also decide to retain jurisdiction over the child but drop the requirement for post-placement supervision of the parent, either immediately or after one or more months.  If the receiving (district) unit supervisor and/or worker do not recommend placement, the central compact office will support that decision.  

 

            g.         (1)  A child may be legally placed into Florida under the Compact by a sending state when all of the following have occurred:

 

                                    (a)  The receiving [district] unit supervisor and worker have approved the home study of the resource; and,

 

                                    (b)  The central [Florida] Compact office has approved the child placement by signing the ICPC 100A form; and,

 

                                    (c)  A copy of the signed and approved ICPC 100A form and a copy of the home study has been sent to the sending state compact office by the central [Florida] compact office; and,

 

                                    (d)  The sending state compact office has forwarded the approved ICPC 100A form and home study to their local office; and,

 

                                    (e)  The sending state local office and their local court decide to place the child with that approved Florida resource.

 

(2)  The receiving [district] worker should learn that a child has been placed into Florida by receipt of a signed ICPC 100B form from the sending state compact office via the central [Florida] compact office.  The ICPC 100B form will show the date of placement and the name and address of the approved resource used for that purpose.  [This will be especially important when more that one resource was studied and approved by the district, since only one approved resource can be used at a time.]  It is also good social work practice for the sending state local worker to telephone the receiving state local worker and provide that worker with the final placement plans and any other details.

 

(3)  Receipt of the 100B form means that the receiving [district] worker must start post-placement supervision of that child with a monthly visit and a quarterly written report [see attachment I].  The receiving [district] worker may include a recommendation in the quarterly written report to the sending worker to stop post-placement supervision at any time, if the receiving [district] worker feels supervision is no longer needed.  However, the sending state must concur before post-placement supervision is stopped.  Maintaining telephone contact with the sending worker will improve communication and may lead to early termination of supervision.  Even if post-placement supervision is no longer deemed necessary, a sending state court must retain its jurisdiction over the child while the child remains in the receiving state (Florida) unless the child is either adopted, reaches the age of majority or becomes self-sufficient.  Termination of jurisdiction for any other reason must have the concurrence of the receiving state (Florida) compact administrator.

 

(4)  If an ICPC 100B form has not been received by the district, and the district worker discovers that the child is in the home of the previously proposed resource, whether the home study was approved or not, the district worker must immediately notify the central compact office by telephone.  If the home study was approved by the district, then the district worker must also call the sending state local worker or supervisor (for whom the home study was originally prepared), and advise them that monthly supervisory visits and reports will not commence until a completed ICPC 100B form is received via the central compact office in each state.

 

(5)  If a district worker discovers that a dependent child from another state is in an unstudied or unapproved home, or in the home of a previously proposed resource which the district had specifically disapproved for child placement, then a district unit supervisor must notify the central compact office immediately by telephone.  If the name and phone number of a sending state local office supervisor is known, then the district unit supervisor must call and advise that person that no child visits or supervision will be provided because the compact law was violated, and furthermore, the district has no jurisdiction or legal authority under the compact law to represent their [sending] state in supervising this illegal child placement.  If this child is considered to be in danger, and the district decides to remove the child from that home and place the child in emergency shelter, then the central compact office must be notified immediately by telephone so that it can contact the sending state compact office and request immediate return of that child to the sending state.  The district unit must fully document each and every contact made and action taken in a case file.

 

h.  Maintaining telephone contact with the sending state local worker will also assist the receiving [district] worker in the timely resolution of problems that arise during supervision of an approved placement, up to and including a disruption of the placement.  The receiving [district] unit supervisor and worker have the responsibility of reviewing monthly supervision visit reports and deciding the following:

 

                        (1)  Whether or not an approved placement is proceeding smoothly, or has disrupted; or,

 

                        (2)  If a previous placement approval of the resource must be withdrawn; or,

 

(3)  If the child is in danger and must be removed from the resource and placed in a district emergency shelter pending the return of the child to the sending state.  This last option assumes that, in the opinion of the receiving [district] unit supervisor and the central compact office, there are no other approved resources or other suitable alternatives available in Florida.  The central compact office must be notified if a previously approved child placement disrupts.

 

10.  Interstate Adoptions.

 

a.  All interstate adoptions must be processed through the central compact office.  Traditionally, the department has limited itself to processing only those adoptions relating to special needs children, or to an adoption incident to a dependency case when reunification is no longer an option.

 

b.  Licensed child placing agencies can legally process interstate adoptions as both a sending local agency, where the child is born in Florida, as well as a receiving local agency, where the child is born in another state.  All inquiries from licensed child placing agencies or intermediaries (private attorneys and physicians) concerning interstate adoption policies and procedures must be referred to the central compact office.

 

            c.  When the child to be adopted was born in Florida and the department will be the sending local (district) agency, the adoption request “package” must contain the following information and documents:

 

                        (1)  For children committed to the department,

 

                                    (a)  A completed 100A Form (DO NOT separate the pages ).

 

                                    (b)  Three copies of a child assessment.

 

                                    (c)  Three copies of evidence of the child’s legal status (Termination of Parental Rights order or an order from the court setting a termination hearing).

 

(d)  Three copies of a cover letter reflecting what is needed from the other state.  Because other state and local agencies are accustomed to interacting with the department, and to forestall any delay, providers of child welfare services under contract to the department who use their own letterhead stationery must include the following sentence in their opening paragraph:  “This request for child welfare services is being made pursuant to our contract with the Florida Department of Children and Families.”

 

(e)  If the sending worker is requesting an adoptive home study, then three completed copies of form CF-FSP 5071, the department’s Adoptive Home Application (see attachment J), signed by the prospective adoptive parent(s) must be attached to the cover letter; or,

 

(f)  Three copies of a home study, if one has already been completed.  The completed home study must also include a completed form CF-FSP 5071, Adoptive Home Application, signed by the prospective adoptive parent(s).

 

                        (2)  The 100A Form must show in Section I that the department is responsible for planning, and is financially responsible for the child.  Do not separate the pages of the 100A Form.  Keep them all together.

 

(3)  The 100A Form must indicate in Section II whether the child is IV-E eligible and whether the adoption will be subsidized, and must indicate where the sending worker expects to finalize the adoption.  The Legal Status box must reflect either “Parental Rights Terminated-Right to Place for Adoption” or “Sending Agency Custody/Guardianship”.

 

(4)  Some receiving states will not begin an adoptive home study until the child is legally free.  Some receiving states will accommodate the sending state and complete the home study when the termination of parental rights process is well underway (when documentary evidence can be shown that the court has begun termination proceedings, or that the court has been petitioned for a termination hearing).  Many receiving states have additional requirements which become important if the sending [district] worker plans to finalize in the receiving state.  As an example, Georgia requires a certified copy of the order of termination of parental rights and a certified copy of the birth certificate as well as a particular background information form, GA Form 413.  If the sending [district] worker plans to finalize in Florida (under the exception allowed for children committed to the department or a Florida agency) many of the other state’s requirements will not apply.  If the sending [district] worker plans to finalize in another state, he or she will have to comply with that state’s adoption statute as well as chapter 63, F.S., Florida’s adoption statute.

 

d.  When the child to be adopted is born in another state and is committed to a public agency or department in that state, the request for an adoptive home study will be received in Florida by the central compact office, and forwarded to a district for completion of an adoptive home study.  The request should be treated the same as if the prospective adoptive parent(s) were planning to adopt a Florida Special Needs child, and will be handled by the district without charge to the other state.  In some instances, the other state public agency or department may prefer to purchase recruitment, home study and/or post-placement services from a Florida licensed child placing agency, just as our department does in contracts with agencies in Florida and other states.  This practice is also acceptable, and would not normally involve the district.

 

e.  The form and format for an adoptive home study being provided by a district for another [sending] state public agency or department should be the same as used in routine adoptive home studies in that district, and must include a completed form 5071, Adoptive Home Application, signed by the prospective adoptive parent(s).  The central Compact office cannot approve the interstate adoptive home study request without this completed form.  Districts should be sensitive to additional requirements for forms or documents that might be needed in the other [sending] state according to the law and/or court practice in that state.  This is particularly true when the prospective adoptive parent(s) intend to finalize their adoption in the sending state.  There may be some routine district requirements, such as a current physical exam, psychological exam, etc., that are not required by the sending state.  The prospective adoptive parent(s) may prefer not to purchase those items since their adoption may be finalized in the sending state.  The district will make the decision on what will or will not be required for an adoptive home study where, in the opinion of the district, they have discretion and/or latitude to eliminate an otherwise required item that would be necessary if the adoption were to be finalized in Florida.

 

f.  Prospective adoptive parent(s) originally studied and approved by a district for a Florida child may become aware of an adoptive opportunity in another state through the Internet, advertisements and/or friends.  If the district already has a current approved adoptive home study on these prospective adoptive parent(s), the district can provide them with a copy of the approved study so that they can pursue other adoptive placement alternatives.  If they are successful in finding a child committed to a public agency or department in another state, then that state will have to initiate a compact request before placement in Florida can be approved.  After compact approval and placement, the district may be asked to provide post-placement supervision.  However, if the prospective adoptive parent(s) discover and pursue an adoptive opportunity of a child that is not committed to a public agency or department in another state, they may use the copy of the current adoptive home study completed by the district, but the district will not provide post-placement supervision.  After compact approval and placement in Florida, they will have to purchase post-placement supervision services from a Florida licensed child placing agency or a licensed individual qualified under Florida law to perform such tasks.  They will also be responsible for finalizing their adoption in a Florida court.

 

g. When the child to be adopted is born in another state and the request for an adoptive home study comes from a licensed child placing agency, an attorney or an individual in that [sending] state, the adoptive home study request will be received in the central compact office.  Such request will then be  forwarded to the Florida licensed child placing agency [identified on the ICPC 100A form], or a licensed individual qualified under Florida law to complete an adoptive home study and to provide post-placement supervision. The adoptive home study must include a completed form CF-FSP 5071, Adoptive Home Application, signed by the prospective adoptive parent(s).  The central Compact office cannot approve the interstate adoptive home study request without this completed and signed form.

 

11.  The Courts and the Child Welfare Legal Service Attorneys.

 

a.  The primary requirement for invoking the Interstate Compact on the Placement of Children on any case is the existence of sufficient court jurisdiction in the sending state.  Article V of the Compact recognizes the continuing jurisdiction of the sending state court over the child while that child is in the receiving state, and that continuing jurisdiction gives the sending state court and agency the authority to determine all matters relating to the custody, supervision, care, treatment and disposition of the child which it would have had if the child had remained in the sending state.  Continuing court jurisdiction over the child is also necessary to effect the return and reunification of the child with the parent from whom the child was originally removed.

 

b.  Pursuant to Article V, the sending state court may terminate jurisdiction over a child while the child is in the receiving state for only three reasons:  the child is adopted, reaches the age of majority or becomes self-sufficient.  Any other attempt to terminate jurisdiction while the child is in the receiving state must have the concurrence of the receiving state compact administrator, who represents the receiving state local agency where the child is located.  Any termination of jurisdiction by a sending state court without the receiving state’s concurrence, except for the above three reasons, is in violation of the Compact and should be challenged by the receiving state’s child welfare department.  An action for termination of jurisdiction over a child while that child is in the receiving state, for any reason other than the above three reasons, must address, at a minimum, the safety and protection of the child, which person shall be given full uninterrupted legal custody of the child, the issue of reunification of the child with the parent from whom the child was originally removed, and the documented concurrence of the receiving state compact administrator.  When Florida, as the sending state, desires termination of jurisdiction with concurrence of the receiving state, the department shall, prior to seeking termination of jurisdiction, first ensure that a permanency plan is in place for the child(ren).  This plan must be reflected in an order entered by the Florida court addressing termination of parental rights, adoption, or custody to a parent, relative or non-relative which shall include the powers ordinarily granted to a guardian of the person of a minor, pursuant to section 39.41, F.S. (1995).

 

c.  Termination of supervision of the child while the child is in the receiving state simply means that the receiving state local agency has recommended to the sending state local agency that supervision of the child and the resource is no longer deemed necessary, and the sending state local agency and its court has concurred.  However, sending state court jurisdiction will still be retained for as long as the child remains in the receiving state, and the sending state will still be legally and financially responsible for the child., unless or until the child is adopted, reaches the age of majority, or becomes self-sufficient.  When Florida, as the receiving state, seeks concurrence of the sending state for termination of supervision, the department shall first ensure that the sending state has a permanency plan in place for the child(ren).  This goal should be reflected in an order entered by the court in the sending state which addresses termination of parental rights, adoption, or an alternate permanency option such as long-term foster care, or long-term custody to a foster parent, relative or non-relative which includes the powers ordinarily granted to a guardian of the person of a minor.  When Florida, as the sending state, is requested by the receiving state to agree to a termination of supervision, the department shall likewise ensure that a permanency plan is in place as reflected in an order of the Florida court addressing one of those permanency options.  The act of concurrence of the sending state to the termination of supervision in Florida may or may not need the approval of the Florida court.  This will be determined locally on a case by case basis by the child welfare attorney.

 

d.  ‘Sufficient’ court jurisdiction of a Compact case, as required by Article V of the compact, is evidenced by the existence of a court order showing that the child, if from Florida, is adjudicated dependent and in a foster care status with custody to the department, or adjudicated dependent and placed in a protective supervision status with custody to a parent or relative.  Some states do not recognize this type of Florida court order as providing ‘sufficient’ jurisdiction as required by Article V for a sending state.  Therefore, the Order of Compliance with the Interstate Compact on the Placement of Children was created [see attachment E] to assure other states that not only did Florida have ‘sufficient’ jurisdiction over the child, but also that it fully intended to abide by the terms and conditions of the Compact.  On infrequent occasions, an emergency shelter order, when accompanied by an Order of Compliance, has also been accepted under the belief that by the time the home study is completed in the receiving state, that an order of dependency adjudication will have been issued.  In these types of cases, the district worker and the child welfare attorney need to insure that an adjudication of dependency has occurred before actual placement is made in the receiving state, and that a copy of that court order has been furnished to the central compact office. 

 

e.  A dependent child on a visit to a resource in a receiving state is still the responsibility of the department and the Florida court.  A “visit” of a child to a receiving state has been defined by the Association of Administrators of the Interstate Compact on the Placement of Children as a visit of thirty days or less, unless during the summer, when it can last from the traditional end of school until the traditional beginning of school [see attachment D].  The Association has also determined that a “visit” is not a placement, per se, and therefore is not covered by the Compact.  The Association is well aware of the use, or misuse, of the “visit” to get around the delays associated with use of the Compact and the long wait for an approved home study so that an approved placement into a receiving state can be made legally.  The courts, child welfare attorneys and family safety and preservation program personnel need to understand that a placement into a receiving state, without the express approval of the receiving state compact administrator, is an illegal placement and voids the protections afforded to the child by the Compact.  Specifically, the court no longer has jurisdiction over the child in the receiving state under the Compact, and the receiving state local social workers have no legal authority to represent the sending state agency in providing services to the child.  It is the responsibility of the child welfare attorney and the district worker to point these facts out to the court, and if the court persists in issuing an illegal placement order, then the court must be challenged and a decision made as to whether to appeal.  If the court has previously signed an Order of Compliance on this child, it may be appropriate for the child welfare attorney to point out to the court that the court has previously issued an order indicating that it intends to abide by the Compact, and that the court’s most recent order of placement is contrary to compact law.

 

f.  A 100A Form, properly completed, dated and signed by the receiving state compact administrator or alternate, is a legal document and can serve as evidence that a child either can be legally placed into a receiving state with the named resource, or is legally there with the named resource provided that the placement occurred on or subsequent to the date of approval.  Copies of the approved Compact 100A Form are routinely provided to the local social worker along with a copy of the approved home study upon their receipt in the central office.  In an emergency, a caseworker can call the central office and a copy can be facsimile transmitted, even to a judge’s office, if required.

 

g.         (1)  In keeping with the trend of many states and courts to recognize the rights and ‘standing’ of a non-custodial legal parent to be entitled to have their child(ren) when the child(ren) has been removed from the other parent, section 39.41(1), F.S., directs the court to place an adjudicated dependent child with the non-custodial parent who desires to assume custody unless the court finds that such placement would endanger the safety and well-being of the child.  The court is given the following two options under this statutory section:

 

Section 39.41(1), F.S. (1995).

 

(a)  Order that the parent become the legal and physical custodian of the child.  The court may also provide for reasonable visitation by the noncustodial parent.  The court shall then terminate its jurisdiction over the child.  The custody order shall continue unless modified by a subsequent order of the court.  The order of the juvenile court shall be filed in any dissolution or other custody action or proceeding between the parents.

 

or

(b)  Order that the parent assume custody subject to the jurisdiction of the juvenile court.  The court may order that reunification services be provided to the parent or guardian from whom the child has been removed, that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court jurisdiction, or that services be provided to both parents in which case the court shall determine in review hearings held every 6 months which parent, if either, shall have custody of the child.  The standard for changing custody of the child from one parent to another at the review hearings shall be the same standard as applies to changing custody of the child in a custody hearing following a decree of dissolution of marriage [a substantial or material change in circumstances and the best interests of the child would be promoted].

 

(2)  Under the situation set forth in Section 39.41(1)(a), F.S. above, the Compact does not apply at all if:  (a) the court does not require a home study or services for the non-custodial nonresident parent; or (b) the court does require a home study, but the non-custodial parent is able to provide a privately obtained home study acceptable to the court.  The key point in this situation is that the court has terminated its jurisdiction over the child.  The compact cannot be used if there is no court jurisdiction over the child. 

 

(3)  If, however, the court awards custody to a non-resident parent and requests the department to obtain a home study of that parent from that parent’s home state, then the compact does apply, since the compact law is the only legal means whereby the department can request and obtain such a home study.  Also, since Article V of the compact law requires retention of court jurisdiction by the sending [Florida] state, the court would have had to retain jurisdiction in this situation, and issue a court order to that effect, or issue an Order of Compliance [see attachment E].  Otherwise, the department could not make a request for a home study from the receiving state through the compact.

 

(4) As suggested with incoming requests (see paragraph 9f above where Florida is the sending state), the receiving state shall, if appropriate, be advised that a preliminary home study and full background check will be acceptable to Florida.  Also, the ICPC 102 form may be used by the receiving state, if it is completed in legible handwriting.  [See attachment C, CFOP 175-55.]  [Note:  Use of the ICPC 102 form does not automatically make the case an ICPC Regulation #7 Priority Placement Request.]  The receiving state must also be requested to determine, assuming the study is positive, whether jurisdiction could be terminated if continuing supervision is not necessary or recommended.  If the Florida court is advised that the home is adequate and that no supervision is required by the receiving state, then the Florida court can order outright custody to the non-offending parent, with visitation to the offending parent.  The court may then terminate jurisdiction without any continuing involvement of the Compact or the department, provided that the receiving state compact administrator also approves of this option in writing.

 

(5)  Under the situation set forth in Section 39.41(1)(b), F.S. above, the compact does apply.  Any services, such as a home study, requested by the court from another [receiving] state requires the department to use the compact to obtain those services.  Once the compact is invoked, it requires agreement of the receiving state before the sending [Florida] state court can terminate its jurisdiction.

 

(6)  Neither child welfare attorneys nor district workers are authorized to request the court to simply dismiss the petition for dependency at a shelter hearing and hand the child over to the non-custodial/non-offending nonresident parent.  Such action would not only leave the non-custodial/non-offending parent and child in a legal limbo, it could result in criminal charges of kidnapping against the non-custodial/non-offending parent.  Also, such action provides no legal protection for the non-custodial/non-offending parent, or relative, to whom custody has been granted, against a demand by the offending parent for return of the child.  Similarly, were the offending parent merely to forcibly take back custody of the child, as, for example, to pick the child up from school, there would be no legal action in place to rapidly overturn the unlawful re-taking of custody by the offending parent and to assure future compliance with custody decisions.  The rare exception to this rule would occur in “special conditions” cases, such as an automobile accident, child getting lost at Disney World, etc., where neglect, abuse or abandonment is not present, or where there is a valid ‘joint custody’ court order in effect.

 

h.  Under the compact law, there is no such thing as a legal unilateral transfer of jurisdiction by a Florida court of a dependent child to another state.  Any interest in attempting to transfer jurisdiction of a dependent child to another state must be coordinated with, and approved by, both state compact administrators.  It will also be important to address, at a minimum, parental rights, legal custody, and reunification issues.  The child welfare attorney and the district worker must use the compact law to challenge any court order which transfers the jurisdiction of a dependent child from Florida to another state without the documented concurrence of the receiving state compact administrator.

 

12.  Violations of the Interstate Compact on the Placement of Children.

            a.  Placement of a dependent child under court jurisdiction from one state into another state

without the approval of the receiving state Compact Administrator constitutes an illegal child placement and is a violation of the Compact.  Those responsible may be subject to Article IV penalties (see Section 409.401, Article IV, F.S.).

 

b.  Article V of the Compact recognizes the jurisdiction of the sending state court over the child while the child is legally placed in the receiving state.  It follows that a child illegally placed into a receiving state (without the approval of the receiving state Compact Administrator) is no longer afforded the protections of the Compact, and specifically, the jurisdiction of the sending state court is not recognized in the receiving state.  Likewise, the social service workers in the receiving state have no legal authority to represent the sending state local agency in contacting or providing services to the child, and may be subject to liability if they attempt to provide services without the approval of the people with whom the child is residing in the receiving state.

 

c.  If, at a shelter hearing in Florida, a child is found to be under the jurisdiction of another state court, and further found to be in Florida without the approval of the Florida Compact Administrator, it is the recommendation of the central office that the department give strong consideration to requesting the Florida court to order the department to return the child to the state where jurisdiction is held in lieu of proceeding with continued shelter or a dependency action in this state, provided that safety and the best interests of the child are not compromised.

 

d.  If a Florida court orders the placement of a dependent child into another state prior to the approval of that child placement by the receiving state Compact Administrator, or allows the custodian of a dependent child to go to a state with the dependent child prior to the approval of the receiving state Compact Administrator, then the child welfare attorney and district worker must advise the court that those actions constitute a violation of the Compact, and further advise the court that the department may file a motion for a rehearing or an appropriate appellate remedy.

 

e.  Child welfare attorneys and district workers must become familiar with Article VIII of the Compact, entitled “Limitations”, and understand that as long as no court has jurisdiction over a child, that child may be sent or brought into a state by certain identified relatives, and the Compact will not apply to such actions.

 

13.  Requests for Social Services Involving Puerto Rico, Guam and Foreign Countries.

 

a.  Puerto Rico and Guam are United States Territories, but their respective governments have not adopted the Interstate Compact on the Placement of Children.  Therefore, Florida courts have no jurisdiction under the Compact to place children into Puerto Rico and Guam, and social service workers in those two territories have no legal authority to represent Florida in providing social services on behalf of Florida’s dependent children.  Since the Compact does not apply to placements into these two territories, there does not appear to be any legal prohibition against a child being placed there, except as noted above.  If a placement of a Florida dependent child with a parent or relative in Puerto Rico or Guam is desired, the central office can assist districts in obtaining home studies or post-placement supervision.  It  is important, however, to inform the court that if a child placement is made into one of these territories, the parent or relative with whom the child is placed has no legal obligation to cooperate with the court or the department, and that the court has no legal jurisdiction in these territories under the Compact.

 

b.  Foreign countries are not part of the Compact.  Therefore, Florida courts have no jurisdiction under the Compact to place children into foreign countries, and social service workers in foreign countries have no legal authority to represent Florida in providing social services on behalf of Florida’s dependent children.  Since the Compact does not apply to placements into foreign countries, there does not appear to be any legal prohibition against a child being placed into a foreign country, except as noted above.  In an effort to provide a resource for home studies, diligent searches or post-placement supervision in foreign countries that are deemed necessary by a Florida court or Family Safety and Preservation staff, the Family Safety and Preservation central office maintains a sole source contract with International Social Service/American Branch, Inc. All requests for International Social Service/American Branch contracted services must go through the central compact office.

 

c.  All requests for home studies and/or post-placement supervision in a foreign country must be addressed to the central compact office.  A detailed cover letter, which explains what services are being requested, and provides the name, address and phone number of the resource and the district worker, is required.  While a 100A Form is not needed, the information on the form is needed and should be incorporated into the cover letter.  Copies of a birth certificate, passport, ‘green card’, medical report and any other form of documentation about the child and the resource is needed, along with a social assessment or Predisposition Study of the child and a copy of a court order.  Two complete packets, including the cover letter, correspondence and supporting documents, are needed for each resource (person to be studied).  If there are any questions, please call the central compact office.

 

d.  Questions concerning requests for home studies or post-placement supervision involving Puerto Rico and Guam must be directed to the central office, which will provide the name of a private licensed vendor who is experienced in performing home studies and supervision.  The requesting district  will have to negotiate a fee for these services.

 

14.  Final Report of the Joint Committee on ICPC Improvement.

 

a.  One of the primary goals of the ‘Joint Committee on ICPC Improvement’ was to provide an atmosphere and an incentive for all states to attempt to improve the turn-around time on all Compact cases thereby reducing the need for ‘priority placement court orders’ to a minimum.  The Compact process cannot treat every case as a priority, and there is genuine concern as to what impact the implementation of Compact Regulation #7 will have on the so called ‘normal’ Compact cases.  Of equal importance, however, was the realization that the old system was not working well, and that it was fraught with delays which had negative consequences on the children that it was set up to serve.

 

b.  With improved technology and communication amongst judges and professional social workers in each state, and between the sending and receiving states, and improved flexibility in who performs and pays for home studies and post-placement supervision, and greater cooperation amongst professional child welfare practitioners in trying to insure that the child is placed in an expeditious manner into a safe and nurturing environment, the stage is now set for a major transformation of an old system into a new system where the best interests of children are truly placed first and foremost.

 

            c.  Copies of the Final Report of the Joint Committee on ICPC Improvement can be obtained from the central compact office.

 

BY DIRECTION OF THE SECRETARY:

            (Signed original copy on file)


SAMARA H. NAVAHO, D.B.A.
Deputy Secretary

 

 

 

Attachments:

A  Interstate Compact Placement Request                 E  Suggested Motion and Order of

     (100A Form) (CF 794) and instructions                    Compliance with the Compact

B  Interstate Compact Report On Child’s                  F  Suggested Social Assessment of the Child

    Placement Status (100B Form) (CF 795)               G Suggested Outline and Sample of a Cover Letter

    and instructions                                                       H  Suggested Outline for a Home Study

C  District Compact Transmittal Form                       I  Outline for Quarterly Written Report        

D  Definition of a Visit                                               J  Adoptive Home Application (CF-FSP 5071)

 

 


 

 

 

 

 

 

 

 

 

 

(This page is blank.)

 

 


 

ICPC 100A

 

 

    INTERSTATE COMPACT PLACEMENT REQUEST

TO:   (Name of State)

 

 

FROM:

                     FLORIDA

SECTION I — IDENTIFYING DATA

Notice is given of intent to place:

NAME OF CHILD

SEX

DATE OF BIRTH

ETHNIC GROUP

NAME OF MOTHER

 

NAME OF FATHER

NAME OF AGENCY OR PERSON RESPONSIBLE FOR PLANNING FOR CHILD

 

TELEPHONE NO.

ADDRESS

 

NAME OF AGENCY OR PERSON FINANCIALLY RESPONSIBLE FOR CHILD

 

TELEPHONE NO.

ADDRESS

 

SECTION II — PLACEMENT INFORMATION

NAME OF PERSON(S) OR FACILITY CHILD IS TO BE PLACED WITH

 

TELEPHONE NO.

ADDRESS

 

TYPE OF CARE                                Residential Treatment Center                   Parent                                         Adoption

                                                                                                               Relative (Not Parent)                           Subsidy/IV-E Assistance

 Foster Family Care             Child-caring Institution                               Relationship:______________                  To be completed in:

                                                                                                                   __________________________                     Sending State

 Group Home Care                Institutional Care                                   Other: ____________________                    Receiving State

                                                                             Article (VI)                                                                              __________________________

LEGAL STATUS

 Sending Agency Custody/Guardianship                                  Parental Rights Terminated-Right to Place for Adoption

 Parent Relative Custody/Guardianship                                   Unaccompanied Refugee Minor

 Court Jurisdiction only/Protective Supervision                       Other:

SECTION III — SERVICES REQUESTED

Initial Report (if applicable)

 Parent Home Study

 Relative Home Study

 Adoptive Home Study

 Foster Home Study

 

Supervisory Services:

 Request Receiving State to

       Arrange Supervision

 Anther Agency Agreed to

       Supervise

 Sending Agency to Supervise

Supervisory Reports:

 Quarterly

 Semi-Annually

 Upon Request

 Other: ____________________________________________

 

NAME AND ADDRESS OF SUPERVISING AGENCY IN RECEIVING STATE

 

ENCLOSED     Child’s Social History                                             Court Order

                               Home Study of placement Resource                          Other Enclosures

SIGNATURE OF SENDING AGENCY OR PERSON

 

DATE SIGNED

SIGNATURE OF SENDING STATE COMPACT ADMINISTRATOR OR ALTERNATE

 

DATE SIGNED

SECTION IV — ACTION BY RECEIVING STATE

 Placement May Be Made

 Placement Shall Not Be Made

REMARKS

SIGNATURE OF RECEIVING STATE COMPACT ADMINISTRATOR OR ALTERNATE

 

DATE SIGNED

DISTRIBUTION

Complete six (6) copies of this form

   l    Sending Agency retains 1 copy and forwards 5 copies to:

   l    Sending Compact Administrator retains 1 copy and forwards 4 copies to:

   l    Receiving Agency Compact Administrator indicates action (Section IV) and forwards 1 copy to receiving agency and 2 copies to sending Compact Administrator within 30 days

   l    Sending Compact Administrator retains 1 completed copy and forwards the other completed copy to the Sending Agency

 

CF 794, Oct 96

(Stock Number:  5740-000-0794-2)


INSTRUCTIONS FOR COMPLETING THE

INTERSTATE COMPACT PLACEMENT REQUEST (100A Form)

 

Form 100A is the sending agency’s formal written notice to the receiving state of its intention to make an interstate placement and a request for a finding as to whether the placement would or would not be contrary to the best interests of the child.  With most placements it is also a formal request for a home study.  Following review by the receiving state, it is the official notification that the proposed placement may or may not be made.  A favorable finding means that the placement can be made in conformity with the Compact.  A favorable finding also means that the placement brings into operation a number of rights and obligations set forth in the Compact, primarily those contained in Article V, Retention of Jurisdiction.

 

Form 100A must accompany all requests for placement to which the Compact is applicable and it must be favorably acted upon by the receiving state before any Compact placement is made.

 

SPECIFIC INSTRUCTIONS

 

In the first two blocks, enter the name of the state to which the request is being forwarded (TO), and “Florida” the state which is submitting the request (FROM).  It is not necessary to show the complete address even though the printed form calls for it.

 

Section I:  IDENTIFYING DATA

 

Enter the full legal name, sex, date of birth and ethnic group of the child for whom this placement is proposed.  The child must already have been born, and be alive.  If the child is known by a nickname, place it in parentheses beside the legal name.  If there is sufficient space to enter information for more than one sibling on one form, this may be done.

 

Use the following codes to enter the child’s ethnicity:  W=White; H=Hispanic; B=Black; A=Asian or Pacific Islander; AI=American Indian or Alaskan Native; OT=All other race/ethnic categories; UK=Unknown.

 

Enter the names of the legal mother and the legal father.  In most instances the legal mother and legal father will be the birth parents.  In cases where an adoption has been finalized, the adoptive parents will be the legal parents.  If parental rights have been voluntarily relinquished or terminated by the court, indicate in parentheses beside the name; if you prefer in that instance to withhold the name, simply enter the status of the parents’ rights.

 

Enter the complete name, address and telephone number of the agency or person responsible for planning for the child and the agency or person financially responsible for the child.  In the case of most placements originating in Florida, the agency responsible will be Children and Families.  Use of the term ‘financial responsibility’ seems to give workers great concern.  All it means is that the local office/district will be financially responsible for the child while that child is in the other state, if other arrangements, such as AFDC, Medicaid, etc., cannot be worked out, and includes the cost of returning the child to Florida should the placement disrupt.

 

Section II:  PLACEMENT INFORMATION

Enter the full name, address and telephone number of the person(s) or facility with whom the sending

agency proposes to place the child.  This section cannot be left blank.  If a foster care family or group home is desired in the other state, then a name or facility will have to be used.  This also means that the worker will need to contact the other state before the form is completed, and make plans for payment before the request is sent.  A cover letter must be used to provide the details.

 

Place an X in the box which designates one of the following Types of Care [Note:  If  payments or a contract/purchase order is needed for these placements, then a cover letter must indicate that prior approval has been given by the district for this placement.]:

 

Foster Family Care:  a substitute family resource which is or is intended to be licensed or approved as a foster home and which will be entitled to foster board payments.

 

Group Home Care:  a resource which is licensed or approved as a group home and which provides substitute care for a fee; usually a modified family-type setting which serves more children than a foster home but fewer than an institution.

 

Residential Treatment Center:  a group care facility which provides a specific treatment program outside the realm of a medical hospital, psychiatric hospital or institution for the mentally retarded; e.g., a residential program for the treatment of alcohol/drug abuse.

 

Child-caring Institution:  a group care facility which is licensed or approved to provide custodial care to a larger number of children than a foster home or group home, sometimes on a long term basis.

 

Institutional Care (Article VI):  a group care facility which serves only delinquent children and which is being proposed as a resource under the specification of Article VI of the Compact.  A copy of the court order which makes the express findings required by Article VI must accompany the 100A form.

 

Parent(s):  legal (natural or adoptive) parent(s).

 

Relative (not parent):  specify relationship, such as maternal aunt, paternal grandparents, brother, etc.

 

Other:  specify a type of care not already listed; e.g., Non-relative Free Home (an unrelated family which does not require foster home licensure in the receiving state and does not need or want foster board payments), or Independent Living Arrangement (an older teenager who is still under the jurisdiction of an agency or court but who will be living in an unlicensed setting, such as a college or university, without the supervision of a foster parent or group home operator), or Maternity Home.

 

Adoption:  refers to both agency and private/independent adoptive placement prior to finalization; this may refer to an initial placement with a family where adoption is the intention, or it may refer to the movement of an adoptive family from State A to State B following placement.  Indicate if an adoption subsidy or adoption assistance (Title IV-E) is applicable; mark in which state the adoption is to be finalized.

 

Place an X in the box which designates one of the following kinds of Legal Status:

 

Sending Agency Custody/Guardianship:  child is in the full legal custody or guardianship (depending on the terminology of the state) of the public social service agency or a licensed private child-placing agency.

 

Parent/Relative Custody/Guardianship:  child is not under the jurisdiction of either an agency or the court but is the full legal responsibility of a parent or relative; most likely to be marked when a family wishes to place a child in one of the group care facilities listed above.

 

Court Jurisdiction Only:  child is not the legal responsibility of an agency; the court has full responsibility for weighing the requested information and making the placement decision and is, therefore, the sending agency; most likely to be marked when two or more relatives have taken a dispute over custody into court and at least one of the disputing relatives is not a parent.  [An Order of Compliance must be included.]

 

Parental Rights Terminated-Right to Place for Adoption:  the sending agency has accepted a voluntary relinquishment of parental rights or has completed court action terminating parental rights and now holds complete jurisdiction over the child with the right to place for adoption.

 

Unaccompanied Refugee Minor:  this form is not used to report the initial placement into the United States but to request placement and services in a second state after a U.S. agency or court has been granted full legal responsibility (custody/guardianship).  Mark this block only if that is the case; also mark the Sending Agency Custody/Guardianship block.  If this is an Unaccompanied Refugee Minor whose status warrants the 100A specific to those children (not the legal responsibility of a U.S. agency or court), do not use this form.

 

Other:  legal status is not otherwise listed; e.g., legal action, such as a petition for custody/guardianship or to terminate parental rights, is pending, or the child is the responsibility of the sending agency under a voluntary agreement with the parent or legally responsible relative and no court action is pending or has been taken to alter that family member’s legal rights over the child.

 

Section III:  SERVICES REQUESTED

 

Initial Report:  if the proposed placement is not for a group care placement and a current home study has not yet been received, mark the box for the appropriate type of home study needed based on the type of care indicated in Section II.

 

Supervisory Services:  place an X in one of the following boxes to indicate how Supervisory Services are to be conducted:

 

Request Receiving State to Arrange Supervision:  mark this box if the sending agency cannot supervise and does not have a contractual or other agreement with a pre-determined agency to provide these services; it is usually the public social service agency which will be asked to provide supervision following an approved home study and subsequent placement.

 

Another Agency Agreed to Supervise:  mark this box if the sending agency already has received the formal agreement of a pre-determined supervisory agency; this box is most likely to be marked in agency adoptive placements where an agency in the receiving state already has provided an adoptive home study and will be providing ongoing services to the adoptive family.  Do not mark this item simply because you know which county office of the public agency will receive this referral and might even have discussed the case over the telephone; that does not constitute an agreement to supervise.

 

Sending Agency (Florida) to Supervise:  mark this box only if it is logistically feasible for your unit to provide supervision, it is the best case plan, and the receiving state has granted Florida permission (which may or may not include licensure) to provide services in its state.

 

Supervisory Reports:   to be completed even though placement may not be a certainty at this time.  Indicate how frequently you wish to receive progress reports; most common is Quarterly.  Be very discriminating in your use of Upon Request because that leaves the provision of supervision open-ended with no commitment to provide that service until you request it; use Other when you wish to receive reports in a less usual time frame, such as monthly or annually (specify the time frame).

 

If you do not know which office will be providing supervision, leave this space blank.  It will be completed by the office in the receiving state when they approve the placement.

 

Indicate which items are Enclosed:

 

            Child’s Social History or Predisposition Study:  must accompany the request.  The pre-placement summary on adoption referrals may be written so as to omit identifying information if this is preferable.

 

Home Study of Placement Resource:  attach a current home study if one is not being requested; most likely to be marked if you already have an approved adoptive home study or the child is relocating with foster parents and the foster home study is enclosed.

 

            Court Order:  all applicable court documents must be enclosed; e.g., custody/guardianship orders, surrenders, orders terminating parental rights, and orders requesting a home study for the court.

 

            Other Enclosures:  indicates other pertinent materials such as psychological evaluations, permanency plan, medical reports and school reports; it is not necessary to itemize them on the form.

 

Signature of Sending Agency or Person:  the form must be signed and dated by the local Family Safety and Preservation counselor or supervisor who is completing the form.  Others who can sign include a person with this authority in the county social services agency, private agency or court and any private individual or family member who is legally responsible for the child (as indicated in Section I and Section II, Legal Status, above).

 

The 100A must also be signed and dated by the Compact Administrator or alternate in the State Compact office.

 

Section IV:  ACTION BY THE RECEIVING STATE

This section is completed in the Compact office in the receiving state.  The designated person reviews

the proposed placement and all required information and indicates whether the placement can or cannot lawfully be made.  Remarks might include conditions or reservations to be noted or that an affirmative notice under Article III(d) is being given retroactively.  The Compact Administrator or alternate then signs and dates the form.

 

DISTRIBUTION:  Self-explanatory.

 

NOTE:  DO NOT SEPARATE FORM.  Keep it all together.  Use only the April 1985 (or later) version, which is CF 794 (see lower left corner of 100A form).  100A forms can be ordered from the Jacksonville Children and Families (formerly HRS) Forms Warehouse, stock #5740-000-0794-2.

 

 

 

 

 

 

 


 

ICPC 100B

 

INTERSTATE COMPACT REPORT ON

CHILD’S PLACEMENT STATUS

TO:   (Name of State)

 

 

 

 

FROM:

 

                     FLORIDA

IDENTIFYING INFORMATION

 

Child’s Name:                                                                                                                                           Birthdate:

 

Mother’s Name:                                                                                         Father’s Name:

 

Name of Placement Resource:

PLACEMENT STATUS

 

 Placement Request Withdrawn                                                                                                               Date:

 Initial Placement With:                                                                                                                         Date:

 

              Name:

 

              Address:

 

              Type of Care:

 

 Placement Change                                                                                                                               Date:

 

               Name:

 

               Address:

 

               Type of Care:

 

COMPACT TERMINATION

Reason:

 

               Adoption Finalized                                 Adoption Finalized                                 Adoption Finalized

 

               Child Reached Majority/Legally Emancipated

 

               Legal Custody and/or Guardianship Awarded and/or Returned to:

 

                              Name:                                                                                       Relationship:

 

               Treatment Completed

 

               Sending State’s Jurisdiction Terminated                                                   Unilaterally

 

               Child Returned to Sending State

 

               Approved Resource Will Not Be Used For Placement

 

               Other (specify):

 

Date of Termination:

COMPACT TERMINATION

Person/Agency Supplying Information

 

 

 

Reporting Compact Administrator or Alternate

 

 

 

Complete four (4) copies of this form.

Sending agency retains one (1) copy and forwards three (3) copies to:

Sending Compact Administrator retains one (1) copy and forwards two (2) copies to:

Receiving Compact Administrator retains one (1) copy, forwards one (1) copy to the receiving agency.

 

CF 795, Oct 96

(Stock Number:  5740-000-0795-1)


INSTRUCTIONS FOR COMPLETING THE INTERSTATE

COMPACT REPORT ON CHILD’S PLACEMENT STATUS (100B Form)

 

Form 100B is used to confirm that a placement in accordance with the Compact has been made, to indicate changes in placement or case planning status, and to confirm the termination of the placement.  It is an extremely useful tool for both the Compact offices and local agency staff in maintaining a current knowledge of the child’s movement into, out of and, if pertinent, within the receiving state.  It is also a very important mechanism for notifying another state when a placement under the Compact has been terminated and, thus, providing formal confirmation of case closure.

 

SPECIFIC INSTRUCTIONS

 

In the first two blocks, enter “Florida” as the name of the state submitting the reported information (FROM), and the name of the state to which the form is being forwarded (TO).

 

Section 1:  IDENTIFYING INFORMATION

 

Enter the full legal name and birth date of the child.

 

Enter the names of the legal mother and the legal father as entered on the 100A.

 

Section 2:  PLACEMENT STATUS

 

If you have submitted Form 100A to request placement approval and have decided not to explore that resource further, mark the box for Placement Request Withdrawn and the date of your decision.  This item will be used only when no action has yet been taken on Form 100A.  If you are withdrawing more than one request, submit separate 100B forms on each and list each respective Placement Resource in that space under IDENTIFYING INFORMATION.

 

To confirm the Initial Placement, complete the section and indicate the resource’s name and address and the exact date of placement.  For Type of Care, enter the same information entered in Section II of the 100A:  Foster Family Care, Adoption, etc.; with relative placements, specify the relationship.

 

If some aspect of the placement changes while the child remains in the receiving state, complete the Placement Change section and indicate the exact date of the change.  If the child moves from one placement resource to another, mark and complete the applicable boxes and enter the requested information for the new placement.  For example, if a child leaves his/her parents’ home and is placed in a residential treatment center, fill in the center’s name and address and indicate the new Type of Care.  Subsequent 100B forms will list new placements under IDENTIFYING INFORMATION:  Name of placement resource.  Any additional moves to relocate the child within the receiving state will be reflected in this same manner.  If only the Name (e.g., mother remarries) or Address (original placement resource moves) changes, mark and complete only those items which are applicable.

 

Section 3:  COMPACT TERMINATION

 

Adoption Finalized:  If a Compact adoptive placement has been finalized by the court, mark that box and the appropriate box for the state in which finalization occurred.  [Attach copy of final court order.]

 

Child Reached Majority/Legally Emancipated:  Mark this box if the child has reached 18 and has simultaneously ceased to be the responsibility of the sending agency or if the child has become emancipated through such legal action as marriage or court decision.

 

Legal Custody or Guardianship Awarded or Returned To:  This item is to be marked when final custody or guardianship (wording varies among states) has been disposed of with the concurrence of the receiving state.  Indicate the Name and Relationship of the person(s) to whom this applies.

 

Treatment Completed:  Mark this item when the placement resource has been providing a specific treatment-oriented service, that service has been completed and the child is, therefore, being discharged from the facility (e.g., Residential Treatment Center).

 

Sending State’s Jurisdiction Terminated:  This item is marked when the jurisdiction of the sending state has ended for some reason other than that which relates to the third category (Legal Custody . . . ); for example, if formal legal custody/guardianship is not going to be addressed, but both states agree that supervision is no longer required, or if both states agree to the termination of jurisdiction by the sending state court.  If the sending state court’s jurisdiction is terminated without the concurrence of the receiving state, the decision was made unilaterally and therefore is illegal.  However, that box must be marked as well.

 

NOTE:  termination of jurisdiction without the concurrence of the receiving state violates the Compact and may result in the child being returned to Florida.

 

Child Returned to Sending State:  If the child was returned to the sending state (placement disrupted or was intended to be temporary), mark this box.

 

Approved Resource Will Not Be Used For Placement:  This box must be marked when you have received an approved 100A form, but have decided not to place the child with that resource.

 

Other:  Mark and specify if the reason for Compact Termination is not listed above; for example, the entire family moved to another state (new address must be indicated under Placement Change), the child ran away and his/her whereabouts are unknown, etc.

 

Put down the exact date of the activity which terminated the Compact Agreement.

 

Section 4:  SIGNATURES

 

If a private individual or local agency is completing the form, have a designated person sign the first block, identify his/her agency, and date the signature.

 

The second block must be signed and dated in the Compact office.

 

Section 5:  DISTRIBUTION:  Self-explanatory.

 

NOTE:  DO NOT SEPARATE FORM.  Keep it all together.  Use only the August 1984 (or later) version, which is CF 795 (see lower left corner of the 100B form).  100B forms can be ordered from the Jacksonville Children and Families (formerly HRS) Forms Warehouse, stock #5740-000-0795-1.

 

 

 

 

 

 

 

 

 

 

 

 


            DISTRICT INTERSTATE COMPACT ON THE

    PLACEMENT OF CHILDREN TRANSMITTAL FORM

 

NAME: __________________________________COUNTY:_____________PI___PS___FC___ARS___

(LIST FIRST NAMES ALPHABETICALLY)               UNIT # ______________DIST # ______________

DATE SUBMITTED

TO DPOFS:__________COUNSELOR:____________________SUPERVISOR                                               

                                            SunCom # _______________________SunCom #                                                      

*************************************************************************************

CHECKLIST OF ITEMS NEEDED FOR VARIOUS COMMUNICATIONS

_____ REQUESTING A HOME STUDY                                                                                 NO. OF COPIES

                _____District Compact Transmittal Form.......................................................................    1

                _____100A Form (Use multi-carbon packet and do not separate) ............................    5

                _____Cover Letter................................................................................................................    3

                _____Child’s Social Assessment........................................................................................    3

                                (One set for each child to live in studied home)

                _____Court Order (If the department has legal custody)..............................................    3

                _____Order of Compliance

                                (If the department does not have legal custody).............................................    3

                _____Additional Information............................................................................................    3

                          (Psychological, educational report, Title IV-E Eligibility, birth cert. etc.)       

 

_____ SUBMITTING A HOME STUDY EVALUATION

                _____District Compact Transmittal Form.......................................................................    1

                _____Cover Letter................................................................................................................    3

                _____Home Study (with your recommendation)...........................................................    3

 

_____ PLACEMENT CONFIRMATION/CHANGES/TERMINATIONS

                _____District Compact Transmittal Form.......................................................................    1

                _____100B Form (do not separate carbons)...................................................................    3

                _____Cover Letter................................................................................................................    3

                _____Additional Information............................................................................................    3

                                (Court Orders, Termination Summaries, etc.)

 

_____ REQUESTING A QUARTERLY PROGRESS REPORT

                _____District Compact Transmittal Form.......................................................................    1

                _____Letter to other state...................................................................................................    3

 

_____ SUBMITTING A QUARTERLY PROGRESS REPORT

                _____District Compact Transmittal Form.......................................................................    1

                _____Cover Letter................................................................................................................    3

                _____Quarterly Progress Report (with your recommendation)....................................    3

 

_____ REQUESTING OR SUBMITTING ADDITIONAL INFORMATION

                TO OTHER STATES

                _____District Compact Transmittal Form.......................................................................    1

                _____Letter to other state...................................................................................................    3

                _____Additional Information............................................................................................    3

                                (Court Orders, Psychologicals, school records, birth cert., etc.)

NOTE:  For proper assembly of material, see reverse side.

*************************************************************************************

DATE RECEIVED IN DISTRICT PROGRAM OFFICE                                                                                            

DATE SENT TO TALLAHASSEE COMPACT OFFICE                                                                                            

SIGNATURE OF DISTRICT COMPACT SPECIALIST                                                                                            

COMMENTS:

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

************************************************************************

 

PROPER ASSEMBLY OF MATERIAL

 

REQUESTS FOR HOME STUDIES

 

For each placement request, securely fasten one copy of each item (cover letter, social assessment, court order, and additional information) into three (3) complete packets.  Submit the multi-carboned 100A forms on top of the packets.  (Do not separate the 100A forms, keep last copy for your file, keep the remaining 5 copies attached together).  Place one (1) copy of the District Compact Transmittal Form on the very top of the packets and 100A forms.  Fasten with staple, paper clip or rubber band around entire package.

 

PLACEMENT CONFIRMATION/CHANGES/TERMINATIONS

 

Same as above except submit only three (3) of the 100B forms on top of the packets of material.  Do not separate the 100B forms, keep last copy for your file.

 

ALL OTHER COMMUNICATIONS

 

When submitting Home Studies, Quarterly Progress Reports or sending/requesting information to other states, please compile three (3) packets of information (perhaps only a letter), with the one (1) copy of the District Compact Transmittal Form on top of the material.

 

Please call your district Family Safety and Preservation program office specialist if you have any questions regarding the Compact.

 

 


DEFINITION OF VISIT

 

1.         A visit is not a placement within the meaning of the Interstate Compact on the Placement of Children.  Visits and placements are distinguished on the basis of purpose, duration and the intention of the person or agency with responsibility for planning for the children as to the child’s place of abode.

 

2.         The purpose of a visit is to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing child care services.

 

3.         It is understood that a visit for twenty-four hours or longer will necessarily involve the provision of some services in the nature of child care by the person or persons with whom the child is staying.  The provision of these services will not, of itself, alter the character of the stay as a visit.

 

4.         If the child’s stay is intended to be for no longer than thirty days and if the purpose is as described in Paragraph 2, it will be presumed that the circumstances constitute a visit rather than a placement.

 

5.         A stay or proposed stay of longer than thirty days is a placement or proposed placement, except that a stay of longer duration may be considered a visit if it begins and ends within the period of a child’s vacation from school as ascertained from the academic calendar of the school.  A visit may not be extended or renewed in a manner which causes or will cause it to exceed thirty days or the school vacation period, as the case may be.  If a stay does not from the outset have an express terminal date, or if its duration is not clear from the circumstances, it shall be considered a placement or proposed placement and not a visit.

 

6.         Unless the court has specifically requested supervised time limited visitation, a request for a home study or supervision made by a person or agency establishes that the intent of the stay or proposed stay is not a visit, but a placement.

 

Adopted April 26, 1983, by the Association of Administrators of the Interstate Compact on the Placement of Children.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(This page is blank.)

 

 


SAMPLE MOTION FOR                                 IN THE CIRCUIT COURT OF THE

ORDER OF COMPLIANCE                                           _____________JUDICIAL CIRCUIT,

                                                                                                STATE OF FLORIDA, IN AND FOR

                                                                                                __________________ COUNTY

 

                                                                                                CASE NO.:

                                                                                                DIVISION:

 

IN THE INTEREST OF

______________________

MINOR CHILD(REN)

 

 

MOTION FOR ORDER OF COMPLIANCE WITH THE

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

 

                The State of Florida, Department of Children and Family Services (hereinafter referred to as department), by and through the undersigned authorized agent, and pursuant to  the Interstate Compact on the Placement of Children (Compact), sections 409.401, et seq., Florida Statutes (F.S.), files this Motion for Order of Compliance with the Interstate Compact on the Placement of Children and, in support thereof, alleges as follows:

 

                1.  The child(ren) was/were placed under the jurisdiction of the circuit court on __(date)_____, _____, and is/are now under the supervision of the department.

                2.  Placement of the child(ren) in _______________, “receiving state” is the recommendation of the department as “sending agency.”  Compact, Article II.

                3.  The department will, upon entry of the Order, provide the appropriate public authorities in the receiving state written notification of intention to place the child(ren) in the receiving state.  Compact, Article III(b)1-4.

                4.  The department, sending agency, in accordance with Compact Article III(d), to date has not sent, brought, or placed the child(ren) to or in the receiving state.

                5.  Both the department, sending agency, and the receiving state will satisfy their respective obligations under the Compact to authorize official placement of the child in the receiving state.

                6.  Under the Compact, Article V, this court retains jurisdiction over the child(ren) after entry of the Order of Compliance.

                WHEREFORE, the department respectfully requests this court to enter an Order of Compliance With the Interstate Compact on the Placement of Children for the above named child(ren).

 

                                                                                                                ___________________________

                                                                                                                Attorney for Department

                                                                                                                Fla. Bar No.

                                                                                                                address and telephone

 

CERTIFICATE OF SERVICE

 

Guardian Ad Litem                             Parents                                   Parents’ Attorney

(Address)                                               (Address)                               (Address)

 

                I hereby certify that I did mail/deliver a copy of the foregoing pleading to the above-named persons on this _________ day of __________, _(date)____.

 

                                                                                                                ___________________________

                                                                                                                Attorney for Department


SAMPLE ORDER OF COMPLIANCE

 

                                                                        IN THE CIRCUIT COURT OF THE

                                                                        ____________ JUDICIAL CIRCUIT,

                                                                        STATE OF FLORIDA, IN AND FOR

                                                                        ______________COUNTY

 

                                                                        CASE NO.:

                                                                        DIVISION:

 

IN THE INTEREST OF

 

___________________

MINOR CHILD(REN)

 

ORDER OF COMPLIANCE WITH THE INTERSTATE COMPACT

ON THE PLACEMENT OF CHILDREN (Sections 409.401, et seq., F.S.)

 

            THIS CAUSE came before the court on the _____ day of __________, _(date)__, on the Motion of the Department of Children and Family Services (department) for Compliance with the Interstate Compact on the Placement of Children (Compact), and the court being fully advised in the premises, it is thereupon

 

            ORDERED AND ADJUDGED that the Juvenile Court of the __________ Judicial Circuit in and for ________________ County, Florida, authorizes the department to be the Sending Agency for the above named child(ren), _______________________, and further agrees to abide by all provisions of the Compact, sections 409.401, et seq., F.S., and hereby designates and directs the department as the court’s agent in completing, executing and filing all necessary forms and carrying out and effectuating all obligations and responsibilities of the Sending Agency under the Compact.

 

            DONE AND ORDERED at _____________________, County of ______________, Florida, on this _____ day of _________, _(date)__.

 

                                                                        ________________________________

                                                                                    Circuit Judge

copies:  Department Attorney

             GAL

             Parents

             Parents’ Attorney


INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

SOCIAL ASSESSMENT OF THE CHILD AND FAMILY-OUTLINE

(Child Summary)

 

                                                                                                CHILD                                                                                 

                                                                                                D.O.B.                                                                                   

 

PLEASE REVIEW THE EXISTING CASE MATERIAL ON EACH CHILD TO ENSURE THAT THE INFORMATION LISTED BELOW ACCOMPANIES THE 100A

 

An addendum to a current social assessment or Predisposition Report must be provided addressing those areas not covered in the available case material.

 

If there is no social assessment available on the referred child and family, please prepare one which contains all of the information listed below.

 

I.  CURRENT SITUATION

 

Circumstances precipitating out-of-state placement. . . problems leading to agency or court involvement.

 

Location of child and length of time there. . . current custody and legal status.

 

Situation and location of parents.

 

Description of out-of-state placement resource, if known, or type of placement resource being sought.  Any concerns about resource:  age, able to protect child, health, transportation?

 

Child’s attitude toward placement.

 

Parents’ attitude toward placement.

 

II.  CURRENT ASSESSMENT AND HISTORY OF CHILD

 

Physical appearance:  height, weight, hair color, eye color, skin color, distinctive marks.

 

Current adjustment:  behavioral, emotional, social skills.

 

Relationship/interactions with parents, caregivers, siblings, peers.

 

Education:  grade, achievement, classroom behavior, relationship to teachers and classmates, extracurricular activities.

 

Child life experience:  incidence of abuse or neglect, placements out of home (age, reactions, separation, changes in placement), deaths, etc.

 

Child’s development functioning:  problems, lags, fixations, regressions.

 

Health:  diagnosis, treatment, prognosis. . . major illness, hospitalizations at what age, duration, treatment, hereditary conditions.

 

Special needs, if any.

 

Significant others in the child’s life.

 

III.  BRIEF HISTORY OF FAMILY

 

Composition of the family, including birth order of siblings.

 

Parent(s) history:  marriage(s), divorce(s), separation(s), death(s), employment, education, functioning within family group.

 

Health:  major illness, hospitalizations:  at what age, duration, treatment, hereditary conditions.

 

Involvement of relatives and/or significant others.

 

IV.  ASSESSMENT OF PARENT(S) AND FAMILY

 

Physical description of parent(s).

 

Current functioning:  education, employment, financial, parental, social and emotional.

 

Relationships, interactions with spouse, children, other significant family members.

 

Health:  physical and mental; diagnosis, treatment, and prognosis, counseling involvement.

 

Current and anticipated involvement with child . . . case goals, services to be provided family.

 

V.  PERMANENCY PLANNING

 

Permanent plan for the child.

 

Other options available for the child.

 

Anticipated duration of the proposed placement.

 

Relationship of proposed placement to the permanent plan.

 

PLEASE INCLUDE WITH THE CASE MATERIAL THE APPROPRIATE ITEMS LISTED BELOW, IF AVAILABLE.

 

Medical records.

 

Psychological evaluations/reports.

 

School reports/educational records.

 

Earlier social summary/progress reports.

 

Court orders.

 

Birth certificate or record of birth.

 

Social Security Cards.


INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

COVER LETTER -- FORMAT

 

STATE OF      (Receiving State)        (LIST NAME OF STATE ONLY, NO ADDRESS)

Attn:    Deputy Administrator

            Interstate Compact on the

            Placement of Children

 

Re:                   Enter Child’s Legal Name and any Alias

DOB:              Enter Child’s Date of Birth

Relationship:   Enter Complete Name and Address of

                        Prospective Family for Placement

Telephone:     (   )

 

Dear Sir:

 

Content:   . . . Because other state and local agencies are accustomed to interacting with the department, and to forestall any delay, providers of child welfare services under contract to the department who use their own letterhead stationery must include the following sentence in their opening paragraph:  “This request for child welfare services is being made pursuant to our contract with the Florida Department of Children and Families.”

 

                 . . . explain placement planning.  Request a telephone call as soon as case is assigned.

 

                 . . . request an evaluation of the proposed placement, home, or facility.  Any concerns about the resource?

 

                 . . . clarify legal status of child or plans for obtaining dependency, include dates of scheduled court hearings.

 

                 . . . financial/medical plan--‘AFDC child only grant’ (if a qualified relative), foster care payments, or no financial/medical assistance needed (attach statement from resource).  Specify if child is Title IV-E eligible, and if so, include a copy of Title IV-E Notice of Case Action (form CF-ES 2629).

 

                 . . . specify special needs of the child; medical, therapy, etc.

 

                 . . . include name, address and phone number of responsible counselor and unit supervisor, if the case is to be transferred to another unit (i.e., foster care, protective supervision).

 

                        Sincerely,

                                                (Enter name and title of counselor and supervisor)


INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

COVER LETTER--SAMPLE

November 4, 1995

 

State of Mississippi

Attn:    Deputy Administrator

            Interstate Compact on the

            Placement of Children

 

Re:  Kelly Whiteside

DOB:  07-24-91

Paternal Grandmother:  Mrs. Ella Gray

                                      116 Pompano Avenue

                                      Biloxi, Mississippi  74105

Telephone:                     (601) 726-4558

 

Dear Sir:

 

We are requesting a home evaluation of the paternal grandmother of the above-named child for determination as to her suitability as a placement resource.  Mrs. Gray contacted our agency directly, expressing her interest in providing a home for Kelly.

 

The financial/medical plan for Mrs. Gray, should she need assistance, is for her to apply for an “AFDC child only grant”, which would also include Medicaid coverage for Kelly.

 

Prior to receipt of notification of her interest in Kelly, our agency had filed for permanent commitment of the child.  We were forced to withdraw the petition, as we are required to explore all known and interested relative resources.  Will she be able to care for a 4 year old?  Will she have anyone to help her?

 

Kelly has been in her current foster placement for the past three years.  She is bonded to this family, and the family has expressed an interest in adopting her.  Kelly’s mother has agreed to voluntarily surrender this child only if the adoptive placement with the foster family follows.

 

Enclosed please find a current child summary, court order, and 100A forms.

 

We would appreciate an expeditious reply, as we are eager to finalize permanency planning for this active, healthy four-year-old.  If additional information is needed, please call (904) 779-4432.

 

Sincerely,

 

Jill Smith, Counselor II                                   Sandra Harrell, Supervisor


INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

SOCIAL ASSESSMENT OF PROSPECTIVE FAMILY-OUTLINE

(HOME STUDY)

 

Child____________________           Name of Agency____________________

Family___________________           __________________________________

Address__________________           Date Prepared______________________

Phone____________________          Case Worker_______________________

 

I.  IDENTIFYING DATA

 

Names, ages, sex, religion and occupation of all family members in household.

 

Degree of relationship to child, i.e., aunt, cousin; if relatives describe nature/tone of relationship with child’s parents or other significant persons in child’s life.

 

II.  SUMMARY OF AGENCY EXPERIENCE

 

Indicate number of visits and interviews.

 

Who was present for interview(s) . . . describe the patterns of interaction, dominance of one party, etc.

 

Indicate ability/inability to relate to counselor, openness/willingness to share information, attitude toward previous agency involvement . . . involvement with other community agencies.

 

III.  PHYSICAL AND PERSONALITY DESCRIPTION

 

Include height, weight, coloring, unusual physical appearance or mannerisms, etc.

 

Briefly describe affect and personality characteristics.

 

IV.  QUALITY OF MARRIAGE

 

Describe role of husband and wife, relationship to each other, strengths and weaknesses.

 

Explore previous marriages . . . reason for dissolution, children involved.

 

Verify current marriage.

 

Goals shared by couple . . . interests, abilities.


V.  BACKGROUND AND INTERPERSONAL RELATIONSHIPS

 

Elicit description of early childhood from parents, including feelings toward their parents, siblings, methods of discipline.

 

Explore present relationship to extended family and friends, involvement in community activities . . . church, civic organizations, etc.

 

Educational background, employment history and current salary.

 

VI.  HEALTH

 

Current physical condition.  Describe past health problems.  Physically able to care for child?

 

VII.  CHILDREN IN THE HOME

 

Development and personality of each child, quality of parent-child relationship and relationship of children to each other.

 

Age, educational level, handicaps, medical problems, special needs, problem areas . . . truancy, drugs, temper, enuresis, etc.

 

Health . . . current assessment, past problems.

 

Methods of discipline employed for each child.

 

VIII.  MOTIVATION AND ATTITUDES TOWARD REUNIFICATION, FOSTER CARE OR ADOPTION

 

Are the parents equally motivated?

 

What are their expectations of this child?

 

Has all appropriate information regarding the child been shared with couple?  Can they realistically anticipate child’s needs and behaviors?

 

What are their attitudes toward discipline?

 

What methods of discipline do they propose to use?

 

For adoptive studies:  explore attitude toward illegitimacy and natural parents who surrender children; how do they plan to tell child of his identity and/or his adoption?

 

Explore plans for child care in absence of adult caretakers.  If parties are employed and person or facility other than a licensed child-care agency is indicated, explore more fully and verify planning.

 

IX.  HOUSING AND FINANCIAL SITUATION

 

Description of home (interior and exterior), number of rooms, bath accommodations, bedroom space (bed available for all).

 

Plans for accommodating child(ren) to be placed.

 

Family pets or animals.

 

Economic situation of the family, including income, other assets and financial obligations (rent/mortgage, utilities, car payment, money owed, etc.).  Comment on money handling.

 

Attitude toward the need to apply for AFDC or to obtain a foster home license if financial assistance is needed.

 

Anticipated need for financial assistance if placement is approved.

 

Attitude toward possibility of being licensed, if appropriate, to receive foster board rates from sending state.  Attitude toward making application for AFDC or food stamps, if necessary.

 

X.  ATTITUDE TOWARD AGENCY SUPERVISION

 

Elicit family willingness to participate in, cooperate with agency supervising the placement.  Explain that supervision is an integral part of any interstate placement.

 

XI.  REFERENCES

 

For all non-relative placements, a minimum of three references are required.

 

For all relative placements where foster care board payments will  be required, at least three references are required for licensure/approval.

 

For all others (parents, relatives who are not seeking financial support and therefore do not need to meet licensure standards), references are suggested, but may be omitted if the counselor feels comfortable with his/her decision without this added support.

 

Great care must be taken to preserve confidentiality when requesting references on behalf of the parents of a child.


XII.  EMPLOYMENT/INCOME VERIFICATION

 

Contact employer to verify the length of present employment, job stability, and salary.

 

XIII.  LOCAL POLICE AND ABUSE REGISTRY CHECKS

 

Clearance with the above must be obtained and the findings reported in this section.  Copies of the actual forms used should not be transmitted unless the local police check findings are quite lengthy.  Abuse Registry checks can be obtained by a review of the Florida Abuse Hotline Information System.

 

XIV.  SUMMARY AND RECOMMENDATION

 

Summary of impression of this family as a potential placement resource.

 

List strengths/positives and weaknesses/negatives.  Express any concerns or conditions for placement approval.  Conclude with a specific recommendation.

 

XV.  SIGNATURE BLOCK

 

Both the counselor’s and the supervisor’s signatures with titles and a date line must appear.

 


OUTLINE FOR INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN QUARTERLY PROGRESS REPORT

 

Name: ___________________________       Date of Birth_________________________

Period Covered:  From ______________      To___________________

Unit: _____  County: _______________       Telephone:  (   )_______________________

                                                                        Suncom: ____________________________

 

I.  Family Dynamics.  Provide a complete picture of the family as a unit:

 

            1.  Personal relationships;

            2.  Emotional climate;

            3.  Amount of parental supervision;

            4.  Use of authority in the home, method of discipline used and its effectiveness;

            5.  How the child relates to other children in the home.

 

II.  Community Involvement.  Provide a brief account of the family’s involvement in the neighborhood.  List significant interests and activities of the family and child.

 

III.  School/Work.  All school or pertinent work data concerning the child:

 

            1.  Adjustments with school;

            2.  If employed, a description of the work history and relationships on the job.

 

IV.  Strengths/Weaknesses.

 

V.  Compliance With Rules of Supervision.

 

            1.  Summarize important casework activities which have occurred during the last three months.

            2.  Has family complied with all stipulations imposed by the courts?  If not, list the reasons given for failure to comply and actions taken, contemplated or recommended, to remedy this.

            3.  Attitude toward agency supervision, i.e., family’s willingness to participate in, cooperate with agency supervising the placement.

 

VI.  Recommendation of Supervising Counselor.  Should supervision be continued or discontinued; list reasons.

 

____________________                                _________________________________

            Date                                                                    Counselor’s Signature

 

___________________                                  _________________________________

            Date                                                                    Supervisor’s Signature

 

 

 

 

 

 

 

 

 

 

 

 

 

(This page is blank.)

 

 


           ADOPTIVE HOME APPLICATION

(All information herein is strictly confidential.)

Man’s Name (first, middle, last)

 

Woman’s Name (first and maiden)

Man’s Social Security number

 

Woman’s Social Security Number

 

I.  CURRENT SITUATION

 

A.

RESIDENCE:  Address:

 

 

 

                (Number and Street)                                        (City)                   (County)            (State)        (Zip Code)

 

Telephone Number:

 

   How long at this address:

 

   Number of Rooms:

 

 

       Check One:   House                   Check One:   Own          Monthly Payment: ________________

 

                            Apartment                                 Rent         Mortgage Balance: _______________

 

 

If less than 3 years at above address, list former addresses for 5 years.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

B.

PRESENT MARRIAGE:  Date of Present Marriage:

 

Attached copy of marriage certificate.

 

       Describe briefly any separations, including dates and duration.                                              Copy attached

 

 

 

 

 

 

 

 

 

 

 

 

 

       List children of Present Marriage

 

                                       Child’s Name                                    Child’s Date of Birth                Natural or Adopted

 

 

 

 

 

 

 

 

 

 

 

 

 

C.    Name of Others in Home                                                    Date of Birth                             Relationship

 

 

 

 

 

 

 

 

 

 

 

 

 

D.

Man’s Religious Affiliation

 

Woman’s Religious Affiliation

 

 

CF-FSP 5071, Oct 96 (Replaces HRS-CYF Form 5071 which may be used)

(Stock Number:  5749-000-5071-2)


 

E.

INTERESTS:

                                  Husband’s (Man’s)

Wife’s (Woman’s)

 

 

Community

 

 

 

(clubs, lodges, etc.)

 

 

 

 

 

hobbies or

 

 

 

special interests

 

 

 

 

F.    HEALTH:  Attach completed physician’s report for husband (man) and wife (woman).            Report Attached

 

G.    EMPLOYMENT:  If current employment is less than 3 years, list former employment for 10 years.

 

 

                                  Husband’s (Man’s)

Wife’s (Woman’s)

 

 

Current

 

 

 

Employment

 

 

 

 

 

Prior

Employment

 

 

 

(if applicable)

 

 

 

 

 

H.    FINANCIAL STATUS - ASSETS:

 

 

 

                                  Husband’s (Man’s)

Wife’s (Woman’s)

 

 

 

Gross Yearly

Salary

 

 

 

IN

 

Interest

or Dividends

 

 

 

CO

 

Rental

Income

 

 

 

ME

Other

 

 

 

 

 

CA

Real Estate at

Market Value

 

 

 

PI

Savings

 

 

 

 

TAL

Other

Investments

(list on separate sheet and

attach to this application)

(list on separate sheet and

attach to this application)

 

 

INS

Life

 

 

 

 

UR

Accident

 

 

 

 

AN

Hospital-

ization

 

 

 

CE

Other

(specify)

 

 

 

       FINANCIAL STATUS - LIABILITIES:  Itemize on separate sheet and indicate payment plan.  Attach sheet to this application.

 

Debts

Totalled

Exclude home mortgage.

Exclude home mortgage.

 

Other

Obligations

 

 


 

II.  LIFE HISTORY

 

A.

Husband’s (Man’s) Birthdate:

 

Husband’s (Man’s) Birthplace:

 

 

 

Wife’s (Woman’s) Birthdate:

 

Wife’s (Woman’s) Birthplace:

 

 

B.      RACE/ETHNICITY:                                                               Spanish            Puerto                                     American

                                                      White                Black               American           Rican               Oriental            Indian               Other

            Husband (Man):                                                                                                 

 

            Wife (Woman):                                                                                                  

 

C.

EDUCATION:

Last Grade Completed or Degree

Special Training, if any

 

 

Husband (Man)

 

 

 

 

Wife (Woman)

 

 

 

D.    MEDICAL HISTORY — PHYSICAL and PSYCHIATRIC — MAJOR MEDICAL CONDITIONS

 

 

 

Condition Treated for

 

Date Treated

Inpatient or

Outpatient

 

Place Treated

 

 

1.

 

 

 

 

 

Husband

(Man)

2.

 

 

 

 

 

 

3.

 

 

 

 

 

 

1.

 

 

 

 

 

Wife

(Woman)

2.

 

 

 

 

 

 

3.

 

 

 

 

 

E.    PREVIOUS MARRIAGES:  Attach documentation of death or divorce.

 

 

             Previous Spouse’s Name                   Date and Place Married                     Date and Place Marriage Terminated

 

Husband’s

(Man’s)

 

 

Wife’s

(Woman’s)

 

 

       Children of Previous Marriage:

 

 

 

Child’s Name

 

Age

 

Whereabouts

Support

Payments

Describe continuing contact

if out of home

 

 

Husband’s

 

 

 

 

 

 

 

(Man’s)

 

 

 

 

 

 

 

 

Wife’s

 

 

 

 

 

 

(Woman’s)

 

 

 

 

 

 

 

F.    ARREST RECORD:  (violations of law other than minor traffic violations)

 

             Husband (Man):    Yes       No          Civil Rights Restored?    Husband (Man):   Yes       No

 

              Wife (Woman):    Yes       No                                                Wife (Woman):   Yes       No

 

          (This section continued on next page.)


F.    ARREST RECORD — Continued:  If husband (man) or wife (woman) has arrest record, provide details below:

 

Husband (Man)

or Wife (Woman)

 

Where Arrested

 

Date Arrested

 

Nature of Charge

 

Disposition

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

G.

Section 63.042(3), F.S., states that

 

 

 

 

 

 

 

 

 

“no person eligible to adopt under

I am

 a homosexual.

Yes

No

 

I am bisexual.

Yes

No

 

this statute may adopt if that

 

Husband (Man)

 

 

 

Husband (Man)

 

 

 

person is a homosexual.”

 

Wife (Woman)

 

 

 

Wife (Woman)

 

 

 

III.  REFERENCES (two must be non-relatives)

 

       Name                                                                 Address                                                Telephone Number

Husband’s (Man’s) Employer

 

Wife’s (Woman’s) Employer

 

 

 

 

 

 

 

IV.  ADOPTION

Do you know anyone well who is adopted? _____  Who? _________________ Have you ever applied to adopt a child

from another source? _____  When? _______________  What source? ________________________ 

What children would you like us to consider for your family (age, sex, siblings, handicapped, etc.)?_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________

What   children   would   you   not   like   us   to   consider  for  your   family  (age,  sex,  siblings,  handicapped,  etc.)?

_____________________________________________________________________________________________ _____________________________________________________________________________________________

 

 

 

 

 

 

 

Husband’s (Man’s) Signature

 

Wife’s (Woman’s) Signature

 

Date Signed

 

Notarized:  State of ___________________________________, County of ___________________________________

 

____________________________________________ (husband/man) and ____________________________________________ (wife/woman), Being duly sworn, say that they are the person named in the foregoing statements, and that everything contained therein is true to the best of their knowledge and belief.  Subscribed and sworn to before me this __________ day of _________________________, 19_____.

 

Signature: _________________________________ Notary Public in and for State of Florida, residing in _______________ County.  My Commission expires ___________.