The Sending State retains jurisdiction over the child and maintain responsibility to plan for the child including the responsibility to remove the child from a placement. The Sending State is responsible for all arrangements for the child during the disruption period while the child remains in TN including an emergency placement pending return, payment for emergency placement and services provided; hospitalization or medical services and transportation arrangements. The Sending State maintains responsibility to remove the child from a placement and return the child to the sending state within five (5) working days unless alternative timeframes have been established for the return of the child or alternate plans have been established to the agreement of all parties to support the child remaining in the placement with additional services or alternate plans have been established for re-placement in an approved resource in TN.
The responsibility to file the notice of closure in both of these circumstances is that of the Sending State.
III. Visits of a Child into Another State:
Under ICPC Regulation #9, a “placement” of a child and a “visit” for the child are two (2) distinct events distinguished on the basis of purpose, duration and intention of the person or agency responsible for the child’s placement.
A “visit” is defined as a social or cultural experience of short duration, which has an express beginning and ending date which are thirty (30) days or less or falls within the period of a child’s vacation from school based on the child’s academic calendar.
A “visit” may not be extended or renewed by the Department or a court in a manner which causes or will cause it to exceed the thirty (30) days or the school vacation period.
The “visit” is with a parent or relative or significant kin who is known to the child and who is not and will not assume legal or physical responsibility for the child to the extent that a claim for financial assistance may be filed or enrollment in school or responsibility for medical service except in an emergency is authorized during the “visit”.
No study, background checks or supervision of the “visit” resource is necessary nor will be authorized.
A “visit” which does not from the outset have a documented express beginning and ending (terminal) date or if its duration is not clear from the circumstances, shall be considered a placement or a proposed placement and not a “visit”. Such constitutes a violation of Article III and I of the ICPC and places the child “at-risk”.
A request for a home study or supervision filed by TN DCS Regional staff while a child is on a “visit” or that is pending at the time that the “visit” is proposed will establish a rebuttal presumption that the intent of the stay or proposed stay is a placement not a “visit”.
A Trial Home Visit ordered by a TN court on a TN DCS custodial child is identified as a placement not a “visit” as the terms and conditions of such an order issued by the Tennessee court typically does not establish the temporary nature of the “visit” nor anticipates that the child will return to the State of TN DCS.
The TN DCS Regional staff is responsible to arrange for a visit of a child in TN with a parent, relative or significant kin in another State or as a visit of a sibling with a child who is in an out-of-state placement will need to document the child’s case record in accordance with TN DCS Policy
The Interstate Compact on the Placement of Children Procedures Manual
Revised: January, 2012 Page 42