OOS Placements And Procedures

The receiving state must first approve the home before placing a child or non-minor dependent in an OOS placement. Placements made without ICPC approval are the sending agency's responsibility and are liable for the child’s safety. The FC EW cannot fund an unapproved ICPC placement.

When a dependent child or ward of the court is placed in another state, the sending county has continued responsibility for financial assistance, custody, supervision, care, and treatment of that child. The sending county retains the jurisdiction as if the child had remained in California. The placing county shall pay the receiving state’s foster care rate regardless of whether the child is federally eligible or the placement is with a relative or a non-relative. If the receiving state has a specialized rate plan (SRP), their rates may be paid. If the receiving state does not have a SRP, then the sending county’s specialized rates may be paid in addition to the receiving state’s foster care rate. The Social Worker or Probation Officer (SW/PO is responsible for working through the Inter-State Compact Act.

Awaiting Licensure in the State of Residence

AFDC-FC funding cannot be paid to an unapproved placement. However, if the caregiver was previously approved and then moved to another state, payments would continue while awaiting licensure in the new state of residence. In this scenario, federally eligible cases would continue receiving federally funded payments and state-eligible cases would be paid using all county funds. The placing county is responsible for ensuring the supervised provision for NMDs.

 

Effective May 13, 2024, all ICPC inquiries should be sent to the Department of Family and Children Services (DFCS) central ICPC email, DFCS-ICPC_SantaClara@ssa.sccgov.org or phone number 408-501-6850. 

 

Note: The Juvenile Probation Department (JPD handles their own ICPC process.

 

Federal AFDC-FC eligible placements are entitled to Medicaid in the host state where they reside, see Title IV-E Foster Care & Adoption Assistance Children Residing Outside of California. State-eligible cases are not guaranteed Medicaid benefits in another state, refer to ICPC for Aid Code 40 (AFDC-FC State-Only).

Interstate Compact Placement Request (ICPC 100A)

OOS placements must comply with the licensing or approval process required to receive federal or state Foster Care. The Interstate Compact Placement Request form (ICPC 100A) confirms that the receiving state or county will license or evaluate the prospective placement family according to foster care standards in the receiving state or county.

The SW must receive or complete the ICPC 100A with “Placement May Be Made” box checked off and the form signed. Additionally, a copy of the license or evaluation, according to the receiving state's requirements, must be obtained. Out-of-state background clearances (i.e. criminal record and child abuse registry) must also be obtained by the SW. Ultimately, the county must accept the law of the receiving state for licensing and background clearances.

An ICPC 100A is completed for each child/NMD who is placed, regardless if they are a sibling group. The sending agency (SW/PO) completes sections I, II and III and section IV is completed by the receiving state.

Note: The individual who signs the ICPC 100A form cannot be the same person who has conducted the home study for the placement.

A new ICPC 100A with the documents listed in Required Documents are required for child who moves to a new placement in a different state.

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