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3.

VA LDSS case manager, along with the parent(s)/guardian(s) and kin may file a joint petition requesting the court award custody of the child to the kin caregiver who has been approved through the BA Kinship Safety Study.  This would allow the kin to be authorized to sign for necessary medical care, school enrollment and to apply for or continue to receive benefits to assist with the care of the child.  The BA Kinship Safety Placement will be closed as “custody awarded to kin with all parties in agreement”.

4.

The VA LDSS petitions the court for custody of the child based upon allegations of abuse or neglect.  Under this scenario and for purposes of this Agreement, the child may remain in the approved BA Kinship Safety Placement, if the VA LDSS concurrently files a request for an ICPC Regulation #7 Priority study order on the relative caretaker where the child is currently in a BA Kinship Safety Placement which specifies intent to seek to seek compliance with the Interstate Compact on the Placement of Children (ICPC). The VA LDSS must execute an ICPC Regulation #7 Priority Request, meeting all terms and definitions as outlined in the ICPC regulations within two business days.  Until completion of the ICPC Regulation #7 Expedited study and issuance of decision, all protections, services and supervisory responsibility over the child remain with the sending state pursuant to the terms and conditions outlined in the Family Team Meeting as if this were a temporary placement.  The BA Kinship Safety Placement episode will be closed as “Regulation #7 initiated-Agency custody”.

5.

If other court action is initiated to terminate the BA Kinship Safety placement, the BA Kinship Safety Placement will be closed as “termination by court action”.

6.

If the parent(s) guardian(s) were only in Virginia on a temporary basis and are “otherwise free to leave,” they may return to Tennessee and request appropriate services from the Tennessee Department of Children’s Services to help ensure the parent(s)/ guardian(s) have an ongoing and appropriate relationship with their child.  They may do this on a voluntary basis.  The BA Kinship Safety Study placement will be closed as “parents return to sending State”.         

B.  TN DCS Northeast Region (Sending State)

1.

TN DCS case manager may request the child return to Tennessee at any time during the Border Agreement Kinship Safety Study placement based upon their assessment of the parent(s)/guardian(s) ability to resume care of the child or in the event new circumstances have occurred.  VA LDSS will assist in returning the child to TN if needed.  The BA Kinship Safety Placement will be closed as “child returned to sending state.”

2.

TN DCS case manager may petition the court for an adjudication of dependency with custody disposition to the kin caregiver.  The BA Kinship Safety Placement will be closed as “adjudication and disposition to kin”.

3.

TN DCS case manager will assist the parent(s)/guardian(s) and kin in filing a joint petition requesting the court award custody of the child to the kin caregiver who has been approved through the BA Kinship Safety Study.  This would allow the kin to be authorized to sign for necessary medical care, school enrollment and to apply for or continue to receive benefits to assist with the care of the child.  The BA Kinship Safety Placement will be closed as “custody awarded to kin with all parties in agreement”.

4.

The TN DCS case manager petitions the court for custody of the child based upon allegations of abuse or neglect.  Under this scenario and for purposes of this

The Interstate Compact on the Placement of Children Procedures Manual

Revised: January, 2012                                                                                                                           Page 57

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