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New Jersey Department of Children and Families Policy Manual

 

Manual:

CP&P

Child Protection and Permanency

Effective Date:

Volume:

VIII

Special Interest Topics

Chapter:

D

Interstate Services

2-6-2006

Subchapter:

2

Out-of-State Placements

Issuance:

700

CP&P Adoption Referrals to Out-of-State Agencies

 

Types of Requests                        11-25-92

 

Requests made to an out-of-state agency include:

 

·         evaluation of potential adoptive parents for the placement of a child under CP&P supervision;

·         supervision of adoption placements with quarterly progress reports;

·         supervision of a child under CP&P supervision residing with a foster parent who is in the process of adopting the child and is moving to another state;

·         completion of a foster parent adoption;

·         contact of a birth/legal parent for the purpose of determining willingness to surrender the child, for adoption;

·         contact of a person connected with a non-agency adoption placement;

·         evaluation of a parent or relative residing in another state for the purpose of determining ability to care for the child; or

·         reference check for an adoption home study.

CP&P observes the provisions and procedures of the Interstate Compact on the Placement of Children (CP&P-VIII-D-1-200).

 

In accordance with the Compact, local or central offices of other states do not accept requests from a field office (LO). The Interstate Services Unit acts as liaison to the appropriate authorities in the other states. The Interstate Services Unit reviews and transmits Local Office (LO) requests to the other state's Compact Administrator for processing.

 

Parental Consent   11-25-92

 

The legal status of a child under CP&P supervision must be considered when the child requires placement out of state. A child for whom the casework plan is adoption and who is moving out of state with a foster family requires parental consent unless a Surrender of Custody and Consent for Adoption has been secured or parental rights have been terminated.

 

See Parental Consent for Out-of-State Placement, CP&P-VIII-D-1-300.

 

Adoption Home Study and Placement             2-6-2006

 

When a family residing in another state expresses an interest in adopting a specific child under CP&P supervision, the LO requests a home study through the Interstate Services Unit. The LO Worker prepares a referral packet which consists of six (6) copies of the ICPC 100A and three (3) copies of each of the following:

 

·         A cover letter (CP&P-VIII-D-3-500);

·         A social summary regarding the child (CP&P-VIII-D-3-200) with collaterals;

·         The Child's Education Record, CP&P Form 5-16;

·         A copy of the child's long-form birth certificate (as soon as it is available);

·         Title IV-E eligibility documentation (CP&P Form 10-5fc, CP&P Form 10-5aa, and/or CP&P Form 10-6fc);

·         The medical, social and genetic histories of the birth parents;

·         The first resource family home study and the current reevaluation;

·         CP&P Form 26-53c, Parts A and B, and the CP&P Form 14-177, Adoption Medical Information Form, if available; and

·         three (3) copies of at least one of the following:

·         the Guardianship Order; or-

·         a copy of the Surrender of Custody with a copy of the DAG clearance for adoption; or

·         a copy of the Custody Order: and/or

·         the Child Placement Review Act court order.

The Supervisor reviews the above material and forwards it to the Local Office Manager.  After the Office Manager has signed the ICPC 100A forms, the Supervisor forwards the referral packet to the ICPUC.

 

To prepare a current summary on the child with the request to the out-of-state agency, provide as much information as necessary for the evaluation of the placement for that particular child. Include the child's history and development as well as the legal status.  During the home evaluation, the decision on where the adoption will be finalized is made, depending on the acceptance of CP&P Consent of Guardian/Custodian in the other state and the preference of the adopting parents.

 

The Interstate Services Unit forwards the completed home study, along with the ICPC 100A, to the Local Office upon its receipt from the out-of-state agency. After considering the report and the recommendation, the Local Office, through the Interstate Services Unit, advises the out-of-state agency of its decision to place the child with the family.  The LO and OSA make arrangements for the pre-placement interviews and visits.

 

The LO advises the Interstate Services Unit when the placement is affected. The signed ICPC 100A establishes CP&P social and financial responsibility for the child and the out-of-state agency's responsibility to provide casework services. A copy with signatures from both states is sent to the LO for its information and file. The Interstate Services Unit also sends the ICPC 100B to the out-of-state Compact Administrator to confirm the placement date and provide notification to start supervision.

 

Update NJS.

 

Procedures Related to Request for Adoption Home Study and Placement 11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker/Supervisor

1.    Determine need for adoption home study for possible placement.

LO Worker

2.    Prepare the ICPC 100A and referral packet per CP&P-VIII-D-2-600.

LO Supervisor

3.    Review the ICPC 100A and referral packet and forward to LO Manager for signature.

LO Manager 

4.    Sign original and each of the six copies of the ICPC 100A.

LO Supervisor

5.    Forward ICPC 100A and referral packet to Interstate Services Unit.  Retain one copy for child's case record.

Interstate Services Unit Supervisor/Consultant

6.    Review and forward material to the other state's Interstate Compact Administrator.

OSA Compact Administrator

7.    Process request to the appropriate agency.

Local OSA

8.    Conduct home study.

OSA Compact Administrator

9.    Forward OSA home study and signed ICPC 100A to the CP&P Interstate Services Unit.

Interstate Services Unit Supervisor/Consultant

10. Review report and recommendations and forward to the LO along with the ICPC 100A.

LO Supervisor/Worker

11. Review OSA report and recommendations.

12. Determine if placement is appropriate.

13. Notify Interstate Services Unit and the OSA of placement decision.

LO Worker    

14. Arrange for pre-placement interviews and visits.

15. Arrange placement date and notify Interstate Services Unit.

Interstate Services Unit Supervisor/Consultant

16. Prepare and send ICPC 100B to out-of-state Compact Administrator.

LO Worker

17. Update NJS.

 

Foster Parents Moving Out of State When the Case Goal is Adoption    11-25-92

 

When foster parents who have expressed a desire to adopt their foster child inform the LO Worker that they plan to move to another state temporarily or permanently, a case review is made as quickly as possible before the planned movement date.

 

If the casework goal is adoption, but the adoption process has not been completed, the legal status of the child is reviewed to determine if there is a need for parental consent.  See CP&P-VIII-D-1-300 Parental Consent for Out-of-State Placement.

 

If the foster parents are receiving board payments, obtain authorization from the Area Director to continue board payments. See CP&P-VIII-D-2-400, Board Payments. Provide the foster parents with information regarding procedures for obtaining medical and/or other services in the other state. See CP&P-V-A-2-700, Medicaid Coverage for Children Placed Out- of-State.

 

Advise the foster parents of the need for supervision from the appropriate out-of-state agency and that some states require that all foster parents be licensed by their licensing authority. Update the foster home study if a current Foster Home Reevaluation is not available.

 

Advise the Interstate Compact Administrator of the move and request that the OSA provide supervision. If the adoption process is not completed, advise the out-of-state agency what is needed and provide instructions regarding the process. Transmit the request through the Interstate Services Unit.

 

The Interstate Services Unit reviews and forwards the material to the appropriate out-of-state agency. The Interstate Services Unit forwards a copy of the OSA reply regarding acceptance of supervision and a copy of the signed ICPC 100A to the LO for its information and file.

 

In general, agreement for supervision by the out-of-state agency is a prerequisite to placement in that state. If the OSA refuses for some reason to provide courtesy supervision for the child, approval to proceed with the placement must be obtained from the Area Director and the Interstate Services Unit.

 

When plans have progressed toward adoption, a determination is made where the adoption is to be finalized, depending on the acceptance of CP&P Consent of Guardian/Custodian in the other state and the preference of the adopting parents.

Update NJS.

 

Procedures Related to Foster Parents Moving Out of State When the Case Goal is Adoption            11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker/Supervisor

1.    Review foster parents' plan to move out of state and their request to adopt the child.

2.    Determine that the child will accompany foster parents.

3.    Review legal status and determine if parental consent is required.

Worker

4.    Obtain written parental consent, if appropriate, or take further action if necessary.

5.    Advise foster parents, when appropriate, of the procedure for:

·   continuing board payments,

·   obtaining medical providers and other special services,

·    continuing supervision by an out-of-state agency and possible licensing requirements.

6.    Prepare memo to LO Supervisor and Area Director of Adoption Operations and Support to request continued board payments, if appropriate.

7.    Prepare a cover letter and referral packet (3 copies of each) and the ICPC 100A (6 copies) for transmittal to the out-of-state agency through the Interstate Services Unit.

LO Supervisor

8.    Review, approve and forward   ICPC 100A and accompanying materials to the LO Manager.

LO Manager

9.    Sign each copy of the ICPC 100A.

LO Supervisor

10. Send ICPC 100A and referral materials to Interstate Services Unit.

Interstate Services Unit Supervisor/Consultant

11. Review and forward the ICPC 100A to the appropriate out-of-state agency.

12. Forward a copy of the reply from the out-of-state agency and a copy of the ICPC 100A signed by both states to the LO.

                                                           

Child Placement Review              11-25-92

 

In accordance with the established procedures and time frames of the Child Placement Review Act, the appropriate County Court/Child Placement Review Board is notified when out-of-state placements subject to review occur. Included is the movement of the boarding child and family to another state. See Child Placement Review, CP&P-VIII-D-2-400, for a determination and instructions regarding out-of-state placements which are subject to review.

 

If the child is in an out-of-state placement that is no longer subject to court review, the court is so advised.

 

Adoption Placement Supervision          11-25-92

 

When an adoptive family advises the Worker that they plan to move to another state, a request is made to the out-of-state agency to provide supervision and quarterly reports to CP&P regarding the child's and the family's adjustment.

 

The Worker advises the adoptive family of CP&P procedures for obtaining supervision.  A determination is made whether the adoptive family will return to New Jersey to finalize the adoption, or will finalize the adoption in the other state.

 

In requesting supervision, the Worker prepares 6 copies of the ICPC 100A and 3 copies each of:

 

·         a cover letter with specific instructions regarding fulfilling the adoption requirements;

·         the adoptive home study; and materials as outlined in Adoption Home Study and Placement, above.

The LO sends the ICPC 100A and attachments to the Interstate Services Unit. The Interstate Services Unit sends to the out-of-state agency the ICPC 100A with attachments, as well as the ICPC 100B to reflect the date the child moved to the other state with the adoptive family. A copy of the OSA reply and a copy of the ICPC 100A, signed by both states, is sent to the LO by the Interstate Services Unit.

Update NJS.

 

Procedures Related to Adoptive Placement Supervision               11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker/Supervisor

1.    Review adoptive family's plan to move out of state.

2.    Determine where adoption is to be finalized.

Worker/LO Supervisor

3.    Prepare ICPC 100A and accompanying materials, and forward to LO Manager.

LO Manager

4.    Sign 6 copies of the ICPC 100A and forward with accompanying materials to the Interstate Services Unit for transmittal to the appropriate out-of-state agency.

Interstate Services Unit Supervisor/Consultant       

5.    Review and forward ICPC 100A with attachments and prepare and forward the ICPC 100B to appropriate out-of-state agency.

6.    Forward a copy of the ICPC 100A signed by both states along with the reply from the out-of-state agency to the LO.

Worker

7.    Update NJS.

 

Finalization of Adoption               11-25-92

 

In New Jersey         11-15-92

 

When the adoption is finalized in New Jersey, the reports and recommendations from the out-of-state agency are reviewed before submitting the required materials to the LO supervisor for the Consent of Guardian/Custodian.

 

Approval for the finalization of the adoption is requested as outlined elsewhere in policy.

 

The out-of-state agency is advised when the adoption is finalized, transmitting the communication through the Interstate Services Unit.

 

Procedures Related to Finalization of Adoption in New Jersey    11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker

1.    Review reports and recommendation of out-of-state agency.

2.    Submit required materials as outlined in policy.

3.    Prepare a letter in quadruplicate to the out-of-state agency advising of the adoption finalization.

LO Supervisor

4.    Review and forward, in triplicate, letter to out-of-state agency and final decree through the Interstate Services Unit.

Interstate Services Unit Supervisor/Consultant       

5.    Forward ICPC 100B and final court decree to the out-of state Compact Administrator.

                       

In Other State          11-25-92

 

In preparing for the finalization of the adoption in the other state, the reports and recommendations of the out-of-state agency are reviewed. If finalization is recommended, and the LO agrees, the required materials for obtaining the Consent of Guardian/Custodian are prepared as outlined in the Adoption Services policies.

 

Upon receipt of approval for finalization, the signed Consent of Guardian/Custodian and other materials requested by the other state are transmitted through the Interstate Services Unit to the out-of-state agency.

 

When the out-of-state agency notifies the LO through the Interstate Services Unit that the adoption has been finalized, update NJS.

 

 

Procedures Related to Out-of-State Finalization of Adoption        11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker

1.    Review reports and recommendations from out-of-state agency.

2.    Prepare required materials for Consent of Guardian/Custodian as outlined in CP&P-IV-C-1-800.

LO Supervisor

3.    Sign Consent, CP&P Form 14-6 or CP&P Form 14-149.

Worker

4.    Forward signed consent and OSA requested materials, transmitting through Interstate Services Unit to out-of-state agency.

Interstate Services Unit

5.    Notify LO when OSA advises that adoption is finalized, attaching a copy of the final adoption order and the ICPC 100B.

Worker

6.    Update NJS.

 

Determination of Willingness To Surrender   11-25-92

 

When the casework goal is adoption and the birth/legal parent resides in another state, the out-of-state agency is requested to contact the birth/legal parent to determine if he will surrender the child for adoption purposes. Specific instructions for obtaining the surrender are included in the request to the out-of-state agency. A copy of the request is transmitted to the Interstate Services Unit.

 

If the out-of-state agency determines that the birth/legal parent is unwilling to surrender and requests the return of the child, the LO reviews the OSA report and determines what further action is necessary. The out-of-state agency may be asked to make a home evaluation for the purpose of returning the child as outlined in Home Evaluation Request/Placement Decision, CP&P-VIII-D-2-300. The request for a home evaluation is transmitted through Interstate Services Unit to the out-of-state agency.

 

If the out-of-state agency obtains a surrender of custody or affidavit, the LO proceeds as outlined in policy.

 

Procedures for Requesting OSA Services Related to Surrender or Reunification      11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker/Supervisor

1.    Determine adoption is casework goal.

LO Worker

2.    Prepare, in quadruplicate, a letter to the out-of-state agency specifying the services requested.

LO Supervisor

3.    Forward the request in triplicate to the Interstate Services Unit.

Interstate Services Unit

4.    Forward the request to the OSA.

OSA

5.    Contact birth/legal parent.

6.    Determine willingness to surrender.

7.    Obtain surrender as per instructions, if parent is willing.

8.    Advise CP&P when parent is unwilling to surrender.

LO Worker/Supervisor

9.    Review surrender and proceed as outlined in CP&P-IV-C-1-600, Surrender of Custody and Consent for Adoption.

10. Determine what further action necessary if birth/legal parent unwilling to surrender.

 

Non-Agency Adoption Placement (Adoption Complaint Investigations and Independent Adoptions)               11-25-92

 

When CP&P is involved in the investigation of a non-agency adoption placement and the birth/legal parent resides in another state, the out-of-state agency is requested to interview the birth/legal parent to obtain the information to complete the report for the court. The information needed is included in the request to the out-of-state agency. The LO may send this request directly to the receiving state. A copy of the letter is sent to Interstate Services Unit. See CP&P-IV-C-10-300.

 

Upon receipt of the information, the court report is prepared. If the out-of-state agency is unable to obtain the information in time for the court date, advise the court. Contact the Interstate Services Unit if technical assistance is required.

 

Procedures Related to Non-Agency Adoption Placement             11-25-92

 

RESPONSIBILITY

ACTION REQUIRED

LO Worker

1.    Determine the location of the birth/legal parent in the other state.

2.    Prepare, in quadruplicate, a letter to out-of-state agency requesting information for court report.

LO Supervisor

3.    Forward the letter in triplicate to Interstate Services Unit.

LO Worker

4.    Incorporate information from OSA in court report.