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Appendix E

VIRGINIA/TENNESSEE NON-CUSTODY BORDER AGREEMENT

BETWEEN

TENNESSEE DEPARTMENT OF CHILDREN’S SERVICES (TN DCS) NORTHEAST REGION

AND

VIRGINIA LOCAL DEPARTMENT OF SOCIAL SERVICES (LDSS)

IN VA JUDICIAL DISTRICTS 28, 29 AND 30

PURPOSE:  If during the conduct of a child protective services investigation or family assessment, a TN DCS or VA LDSS case manager assesses a child to be at risk of imminent harm, he/she shall take actions necessary to ensure the safety of the child.  The case manager will consider the feasibility and practicality of a temporary family-based placement of the non-custodial child with a relative or person whom the child has a significant relationship with (“kin”) who resides in the other State.  For purpose of this agreement, individuals residing out-of-state in TN DCS Northeast Region and VA Judicial Districts 28, 29 and 30 may be considered for temporary placement, without the child being placed in the state foster care system in Tennessee or Virginia.  

I.  Initial Requirements

A.  Border Agreement Immediate Safety Plan (BA Immediate Safety Plan)

1.

TN DCS or VA LDSS case manager will document pertinent information regarding the child and actions necessary to secure for the safety and well-being of the child on the BA Immediate Safety Plan.  Each agency will follow their respective policies and procedures regarding approval of Immediate Protection Plans or Safety Plans for the BA Immediate Safety Plan.

2.

The TN DCS or VA LDSS case manager will clarify all terms, conditions and timelines to parent(s)/guardian(s) and kin identified on the BA Immediate Safety Plan and other pertinent parties to the BA Immediate Safety Plan.    

3.

The BA Immediate Safety Plan will specifically allow the parent(s) or caretaker(s) to retain legal custody of the child, while securing their agreement to the course of action to guarantee the child’s safety during a child protective services investigation or family assessment.

4.

In order to minimize the trauma to children and families, TN DCS and VA LDSS case manager will facilitate placing the child with a relative or “kin” who reside in the other state which is documented on the BA Immediate Safety Plan.

5.

For purpose of this agreement, individuals residing out-of-state in TN DCS Northeast Region (Counties of Washington, Sullivan, Unicoi, Johnson, Carter, Greene, Hawkins or Hancock) or VA Judicial Districts 28, 29 or 30 (Counties of Buchanan, Dickenson, Russell, Tazewell, Smyth, Washington, City of Bristol, Lee, Scott, Wise or City of Norton) may be considered for temporary placement, without the child being placed in the state foster care system in Tennessee or Virginia.  

B.  Border Agreement Kinship Safety Study

1.

TN DCS or VA LDSS agency case manager will initiate a request for the receiving state agency to conduct a Border Agreement Kinship Safety Study (BA Kinship Safety Study) on identified kin who reside in TN DCS Northeast Region (Counties of Washington, Sullivan,

The Interstate Compact on the Placement of Children Procedures Manual

Revised: January, 2012                                                                                                                           Page 54

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