Okla. Admin. Code § 340:75-1-86

Current through Vol. 42, No. 2, October 1, 2024

Section 340:75-1-86 - Interstate Compact on the Placement of Children

(a)Purpose. The Interstate Compact on the Placement of Children (ICPC) is a means to ensure protection and services to children who are placed across state lines. The ICPC establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child.

(b)Legal base. The ICPC is an agreement adopted by all state legislatures and is consistent with constitutional law. The legal basis for the compact is found in Article I, Section 10, Clause 3 of the United States Constitution and Section 571 of Title 10 of the Oklahoma Statutes. Oklahoma is one of 50 states, the District of Columbia, and U.S. Virgin Islands that adopted the ICPC and agreed to follow the Articles and Regulations of the ICPC when placing children out-of-state and when children are placed in Oklahoma from another state.

(c)Sending or requesting agency. The sending or requesting agency is:

(1) a party state, officer, or employee thereof;

(2) a subdivision of a party state, officer, or employee thereof;

(3) a court of a party state;

(4) a person, corporation, association, or charitable agency; or

(5) an entity that sends, brings, or causes to be sent or brought any child to another party state.

(d)Receiving state. The receiving state is the state to which a child is sent or brought or caused to be sent or brought, whether:

(1) by public authorities or private persons or agencies; and

(2) for placement with state or local public authorities, private agencies, or persons.

(e)Types of Placements. ICPC applies to placement of a child:

(1) preliminary to adoption;

(2) into foster care, including foster homes, group homes, residential treatment facilities, and child caring institutions for treatment of chronic or long-term conditions;

(3) with the parent, stepparent, grandparent, adult brother or sister, or adult aunt or uncle when any such relative is not making the placement; and

(4) adjudicated delinquent and placed in institutions in other states.

(f)Exceptions to ICPC. ICPC does not apply to:

(1) placement of a child in a hospital, medical facility, or mental health facility for the primary purpose of treating an acute or short-term medical or emotional problem;

(2) placement of a child in any institution primarily educational in character;

(3) placement of a child by the parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or child's non-state agency guardian with any such relative or non-state agency guardian in the receiving state;

(4) visits in another state;

(5) a child's placement with a non-offending, noncustodial biological parent when the court does not:

(A) have evidence that such parent is unfit;

(B) seek such evidence; and

(C) retain jurisdiction over the child after the court transfers custody;

(6) placement of a child in or from another country; and

(7) interstate supervision of a parent's treatment and service plan.

(g)Oklahoma as the sending agency or state. For an out-of-state placement request, the child must be under Oklahoma court jurisdictionbut is not required to be in Oklahoma Department of Human Services (OKDHS) custody.

(h)Home study time requirements. Home studies requested by other states to assess the safety and suitability of placement are conducted, and a report addressing the extent to which the proposed placement meets the needs of the child is completed.

(1) The report is provided to the requesting state within 60 calendar days after receipt of the request.

(2) When the home study is not completed and provided to the requesting state within 60 calendar days, the specific reasons it is not completed are documented in an email to the Oklahoma ICPC compact administrator.

(3) The requesting state must accept the receiving state's home study as meeting the requirements of the receiving state unless, within 14 calendar days of receiving the study, the requesting state determines that making a decision in reliance on the study would be contrary to the welfare of the child.

(4) A completed home study does not require the requesting state to place the child.

Okla. Admin. Code § 340:75-1-86

Added at 12 Ok Reg 79, eff 10-7-94 (emergency); Added at 12 Ok Reg 1183, eff 5-11-95; Amended at 18 Ok Reg 3067, eff 7-12-01; Amended at 19 Ok Reg 2208, eff 6-27-02; Amended at 25 Ok Reg 632, eff 1-14-08 (emergency); Amended at 25 Ok Reg 1335, eff 6-1-08; Amended at 29 Ok Reg 635, eff 6-1-12; Amended at 30 Ok Reg 839, eff 7-1-13