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38. Interstate Home Study:  A home study conducted by a State at the request of another State, to facilitate an adoptive or foster placement of a child in custody or guardianship of the Sending State.  A relative or kin or resource home study conducted by the Tennessee Department of Children’s Services personnel or DCS contracted provider based on receipt of a complete ICPC request/referral submitted through the Tennessee Department of Children’s Services Office of the Interstate Compact on the Placement of Children in compliance with P.L. 109-239 and TCA 37.4.201 et seq.  An Interstate Home Study may be conducted on a relative or foster or adoptive resource who resides in Tennessee and shall be conducted in accordance to appropriate federal and state laws and meet the requirements of TN DCS policy and standards including TN DCS Policy 16.4, 16.8, 16.11, 16.16, 16.20.   The Interstate Home Study on relative or kin or resource home or a report on the progress is to be completed within sixty (60) calendar days. 

The conclusion of an Interstate Home Study is child-specific recommendation regarding the appropriateness of placement of the child with the identified resource.  The Interstate Home Study will serve as the basis for a decision regarding placement under the ICPC.


Jurisdiction:  (1) The power and authority of a court to hear and decide matters; (2) Fixes responsibility for those involved in placing children.


Legal custody:  Court-ordered or statutory right and responsibility to care for a child either temporarily or permanency.    


Legal guardianship: a judicially created relationship between child and caretaker that is intended to be permanent and self-sustaining as evidenced by the transfer to the caretaker of the following parental rights with respect to the child: protection, education, care and control of the person, custody of the person, and decision-making.  The term legal guardian means the caretaker in such a relationship.  


Legal risk Placement: a placement made preliminarily to an adoption where the prospective adoptive parents acknowledge in writing at a child can be ordered returned to the sending state or the birth mother’s state of residence, if different from the sending state and a final decree of adoption shall not be entered in any jurisdiction until all required consents or termination of parental rights are obtained or are dispensed with in accordance with applicable Law.  


Member state or Party State:  U.S. State or Territory that has enacted into law the Interstate Compact on the Placement of Children.  


Non-agency guardian: Refer to Regulation #10:  an individual holding a currently valid appointment from a court of competent jurisdiction to have all of the authority and responsibility of a guardian as defined in ICPC Regulation #10, Section 1(a).  


Non-custodial parent:  A person, who at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or physical custody of the child.


Non-offending parent:  the parent who is not the subject of allegations or findings of child abuse or neglect.  


Non-relative:  A person not connected to the child by blood, marriage or adoption or otherwise defined by the sending or receiving state.  


Parent/Guardian: A biological, adoptive parent or legal guardian as determined by applicable state law and is responsible for the care, custody and control of a child or upon whom there is legal duty for such care.

The Interstate Compact on the Placement of Children Procedures Manual

Revised: January, 2012                                                                                                                           Page 75

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