NMDs Placed Out of State/Interstate Compact on the Placement of Children (ICPC)

The ICPC ensures the protection and provision of services to children who are placed across state lines for foster care. The compact is a uniform law for all 50 states and territories.

Out-of-state (OOS) placements are allowable for Non-Minor Dependents (NMDs). All monthly visits and service requirements applicable to NMDs placed in-state must be met for NMDs placed OOS. Sending states may request courtesy supervision from the receiving state through the ICPC, but such services are at the discretion of the receiving state. Not all states will accept an ICPC request to provide services and supervision for youths in foster care beyond age 18. It is permissible for NMDs to go OOS to attend college, to work, or to find an appropriate placement. The sending county retains case management and financial responsibility for NMDs, whether placed under ICPC or not.

Awaiting Licensure in the State of Residence

AFDC-FC funding cannot be paid to an unapproved placement. However, if the caregiver was previously approved in California 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.

Note: For more information regarding ICPC requirements refer to Out-of-State (OOS) Placements.

Group Home (GH) and Short-Term Residential Therapeutic Program (STRTP)

ACIN I-07-23, Assembly Bill 153 (Chapter 86, Statutes of 2021), ACLs 21-146, 08-21

As of July 1, 2022, all new out-of-state residential facility (OOSRF) placements were prohibited except in limited circumstances. As of January 1, 2023, all OOSRF are decertified, and all foster youth placed in those facilities must have been returned to California. The prohibition on placements in OOSRFs does not make alternatives to OOSRF, such as hotels or short-term rental units, permissible.

Placements of NMDs into OOSRFs are no longer permitted except in the following circumstances:

Placement of emotionally disturbed children under the federal Individuals with Disabilities Education Act if the placement is not funded with federal or state foster care funds.
Placement of Indian children to satisfy Indian Child Welfare Act (ICWA) placement purposes.

Supervised Independent Living Program (SILP)

NMDs placed out-of-state are eligible for SILP placements. The California SILP requirements and documents are the same. It is important to note that SILPs may not be recognized by other states. The SW/PO is responsible for approving SILPs. The SOC 157A/B must be approved before the placement. See SILP.

The SW/PO may request the receiving state to complete the SOC 157A/B but if the state does not complete the SOC 157A/B, the placing state must approve the facility before funding is approved.

Relative And Non-Relative Extended Family Member (NREFM) Placements

Before placing an NMD out-of-state, the SW/PO must determine if the receiving state will accept the NMD. When the receiving state agrees to use ICPC for NMDs with relative and NREFM placements the state must adhere to ICPC requirements.

When the youth turns 18 and is in an OOS placement, the NMD requirements are the same as if the youth were in California. However, if the receiving state will not continue to supervise the NMD placement, the SW/PO is to submit the ICPC 100B form to close out the child’s placement. The placing county is responsible for ensuring the supervised provision for NMDs.

Nothing prohibits the placing county from assessing whether another placement, such as a SILP near or in the home of a relative/NRERM, is appropriate for the NMD.

Note: To simplify the process and better serve the NMD, DFCS will approve a Supervised Independent Living Program placement when placing NMDs out-of-state with a relative or NREFM.

Approved Relative Caregiver (ARC)

ACLs 21-141, 21-141E, ACL 22-52, 22-33
Effective January 1, 2022, California expanded the ARC program to allow children and NMDs to reside out-of-state with their relative caregivers and continue to receive an ARC payment. However, relative caregivers who have criminal record exemptions (as in a court-specified placement) will not be able to secure licensure in another state and will not be eligible for ARC funding. For further details refer to ARC in chapter 12.

Non-Related Legal Guardian (NRLG)

The ICPC only applies when the non-minor is a dependent. Once dependency is terminated, the ICPC regulations do not apply.

Non-Dependent NRLGs are required to apply for benefits in the state of residency. Note that guardianships established in California may not be recognized in another state. In this instance, the guardian may have to register the guardianship in the new state of residence. Refer to NRLG policy.

Rates for Out-of-State Placements

No rate for any case should ever exceed the highest California rate for such a placement. The following rules apply for Foster Family Homes (FFH), SILPs, and relatives.

Foster Family Homes

The rate paid for an NMD placed in a licensed or approved out-of-state FFH is the rate set by the rate-setting authority in the receiving state for the placement of a youth aged 18 to 20 in a licensed or approved foster home. If the rate-setting authority has not established a rate for such a placement, counties shall pay the highest rate established by the rate-setting authority in that state for placement in a licensed or approved foster home. No rate for any case should ever exceed the highest California rate for such a placement.

SILP

The SILP is not a traditional foster care placement and not all states have placement options that mirror California's. Therefore, the rate paid for an NMD placed out-of-state in a SILP is the California level of care (LOC) basic rate. The youth is also eligible for Santa Clara County clothing allowance rates.

Relatives Including ARC

The rate paid for a relative placement is the rate approved by the rate-setting authority of that state for the placement of a youth aged 18-20. When the rate-setting authority does not have a relative rate, the rate for a licensed FFH is used.

Re-Entry

Any NMD currently placed out-of-state who chooses to exit EFC has the option to re-enter. For the re-entry process, see Re-Entry Into Extended Foster Care (EFC).