FCASPL 53 (ICPC Regulation #7)
Family, Children and Adult Services Procedure Letter No. 53
November 6, 1996
TO: All Family, Children and Adult Services Manual Holders
FROM: Arnold Tompkins, Director
SUBJECT: Implementation of ICPC Regulation #7 - Priority Placements

In 1976 Ohio passed the Interstate Compact on the Placement of Children (ICPC), Sections 5103.20 to 5103.28 of the Revised Code, which governs the placement of children across state lines. Ohio Administrative Code rules 5101:2-42-20 through 5101:2-42-27 regulate the placement of children into and out of Ohio.

In an attempt to expedite the processing of certain ICPC cases, a Joint Committee consisting of 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 developed the attached ICPC Regulation #7, "Priority Placements", which went into effect on October 1, 1996.

The INTENT of Regulation #7, Priority Placements is to:

  • Eliminate delays in the placement of children in relative homes across state lines;
  • Define which cases can be considered for Priority Placements;
  • Establish time frames for each step in the process;
  • Simplify the ICPC process while making the process user-friendly;
  • Simplify the home study process by use of an established format.

The ROLE OF THE COURT in Priority Placements is to:

  • Determine if a proposed Priority Placement of a child from one state into another is necessary. The court will consider the following criteria in making its determination:
  • The child is being proposed for placement with a parent, stepparent, grandparent, adult brother or sister, or adult uncle or aunt, and
  • The child is less than two years of age, or
  • The child is in emergency shelter; or
  • The court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient
  • The interstate request has been in the receiving state's ICPC office for more than 30 working days without being approved or disapproved.
  • Sign an order of Priority Placement for the child. The order should include the name, address, telephone number and fax number of the judge and the court.
  • Send the order of Priority Placement to the sending agency within two working days.

The PROCESS for submitting requests for Priority Placements is:

When Ohio is the Sending State

  • The Ohio sending agency is responsible for forwarding to the Ohio ICPC office, within three working days, a packet of material containing the following documents.
  • Three copies of the signed court order, ordering the Priority Placement;
  • Three copies of a cover letter;
  • Five copies of a completed ODHS 1661, Interstate Compact Placement Request (ICPC 100A);
  • Three copies of a child summary;
  • Three copies of the case plan, ODHS 1444, case plan document.
  • Three copies of legal documentation pursuant to OAC rule 5101:2-42-20;
  • Three copies of the Priority Home Study Request (See attached ICPC-101, Association of Administrators of the Interstate Compact on the Placement of Children Sending State Priority Home Study Request).
  • It is important to send the packet by overnight mail if possible. If not, Ohio agencies should fax the court order of Priority Placement, the completed ICPC 100A, and the Priority Home Study Request to the Ohio ICPC office at 614-728-6803 and send the remaining material as soon as possible. (Please phone the ICPC office at 614-466-8520 prior to faxing this material).
  • The Ohio ICPC office will designate the ICPC request as a Priority Placement and process it within two working days. The packet will be sent by overnight mail to the receiving state's ICPC office, if possible. If not, the Ohio ICPC office will fax the ICPC 100A, the court order of Priority Placement, the Priority Home Study Request, and as much of the packet as possible to the receiving state's ICPC office.
  • If there is no response from the receiving state's ICPC office within 20 working days, the Ohio ICPC office will contact the receiving state's ICPC office to check on the status of the request. The sending agency will be kept informed of the status of the case.
  • It is the responsibility of the Ohio agency to keep the court informed regarding the status of the ICPC request. The agency should send photocopies of the completed ICPC 100A and the cover letter to the court.

When Ohio is the Receiving State

  • The Ohio ICPC office will process the ICPC request from the sending state within two working days and designate it as a Priority Placement.
  • The Ohio ICPC office will forward the material by overnight mail, whenever possible, to the Ohio agency. If not possible, the office will notify the agency by phone and/or by faxing the ICPC 100A, the court order of Priority Placement, and the Sending State Priority Home Study Request.
  • The Ohio agency will have 20 working days to complete an expedited home study (see attached ICPC- 102, Association of Administrators of the Interstate Compact on the Placement of Children Receiving State's Priority Home Study).
  • Failure to Comply

If the receiving state fails to complete the Priority Placement request within 20 working days, the receiving state will be out of compliance with ICPC. The court which issued the court order of Priority Placement may inform the appropriate court in the receiving state, provide copies of relevant documentation, and request assistance. The court in the receiving state may order assistance, including the issuance of an appropriate order, for the purpose of obtaining compliance with Regulation #7 and ICPC.

Questions regarding this letter should be directed to:

Kenneth E. Kotch

Ohio ICPC Office

65 E. State Street, 5th Floor

Columbus, Ohio 43215

Phone: (614) 466-8520

Fax: (614) 728-6803