. The authority and responsibility for child during the visit remains with the TN DCS Region.
Documentation entered into the child’s record in the TFACTS will specify the requirements noted in the ICPC Regulation #9 definition. These requirements must be clearly enunciated and agreed to with the parent, relative or significant kin with whom the child is to “visit”.
A child who remains in a “visit” for over thirty (30) days with a resource which has not been assessed under provision of the ICPC or in accordance to TN DCS policy is considered to be in an un-approved placement in violation of ICPC Article III and “without proper guardianship”.
The child is considered “at risk” and subject to a protective services referral. Protections and services including supervision allowable under the ICPC are not available to the child in the receiving state.
Purchase of Services Pursuant to TCA 37-4-201:
Pursuant to TCA 37-4-201 ET. seq., Article V (b) "When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency."
TN DCS/ICPC has not established agreements with an authorized public or private agency in the receiving state to provide for the performance of services except in a case by case basis.
TN DCS has established an agreement with Youth Villages through the TN continuum of service to provide for RTC services for TN DCS children that is subject to approval under the Compact.
Purchase of Services Pursuant to ICPC/P.L. 109-239:
Pursuant to compliance with the new P.L. 109-239 Safe and Timely Interstate Placement of Foster Children Act of 2006 Section 4: Home Studies: "States should use private agencies for home studies if necessary to meet the sixty (60) day requirement."
To meet the provisions above, each Region of the Department has entered into a contractual relationship with a designated licensed child-caring agency to provide permanency services including kinship, Resource and Interstate Family Home Studies and Parents as Tender Healers (PATH) Training for resource families. The scope of services provides financial and program supports for the completion of a valid study within the sixty (60) calendar day turn-around, and includes training and education of the resource consistent with the requirements of TN DCS and the receiving State, which include results of criminal history background checks (5 years back) FBI fingerprint results etc. The contract provisions will require the contractor to conduct the home study/verification portion simultaneously/concurrently with Path Training and fingerprint clearance.
Monitoring of the contracts has provided a mix results especially in light of ICPC studies. The Department is re-evaluating the use of contracted services for studies especially in light of progress in the area of SAFE study documentation.
The Interstate Compact on the Placement of Children Procedures Manual
Revised: January, 2012 Page 43