The purpose of the Interstate Compact on the Placement of Children is to ensure timely placements of children across state lines in the least restrictive and appropriate settings in the 50 states, District of Columbia, and the U.S. Virgin Islands. The sending and receiving state authorities shall have sufficient background information to make informed decisions concerning a proposed placement, to arrange for the provision of services to the child as needed, and to designate where planning, financial, and jurisdictional responsibility for the child lies.
7.307.1USE AND OBSERVANCE OF THE COMPACT [Rev. eff. 4/1/12]County departments, other Colorado licensed placement agencies, and when applicable, individual residents, shall follow all rules, regulations, and procedures of the Interstate Compact on the Placement of Children, as stated in Section 24-60-1801, 1802, C.R.S., and Section 19-1-115, C.R.S. Regulations I through XI are on file at the Colorado Department of Human Services, Interstate Compact Office, Child Welfare, 2nd Floor, 1575 Sherman Street, Denver, Colorado 80203-1714. Regulation I was amended on April 18, 2010. Regulation II was amended on April 30-May 1, 2011. Regulation III was amended on April 30-May 1, 2011. Regulation IV was amended on April 29-May 2, 2001. Regulation V was amended in April 2002. Regulation VI was amended on April 29-May 2, 2001. Regulation VII was amended on April 30-May 1, 2011. Regulation VIII was amended on April 30-May 3, 2000. Regulation IX was amended in April 2002. Regulation X was amended in April 2002. Regulation XI was adopted on April 18, 2010. These regulations are adopted pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting. The information incorporated here by reference may be examined at the Department of Human Services as indicated above, at any county department of social services, or at any state publications depository library.
7.307.2DEFINITION OF "SENDING AGENCIES"The Interstate Compact defines the persons and agencies who, when they place a child from one state into another state, shall follow Interstate Compact on the Placement of Children procedures. These persons and agencies are all called "sending agencies," and include the following:
A. A state in the United States, the District of Columbia or the U.S. Virgin Islands, or any officer or employee of a state in the United States, the District of Columbia, or the U.S. Virgin Islands.B. A subdivision of a state in the United States, the District of Columbia or the U.S. Virgin Islands, or any officer or employee of the subdivision.C. A court of a state in the United States, the District of Columbia, or the U.S. Virgin Islands.D. Any person, corporation, association, or charitable agency of a state in the United States, the District of Columbia, or the U.S. Virgin Islands.7.307.3AGENCY-MADE PLACEMENTS7.307.31Interstate Compact on the Placement of Children Initiation ProceduresCompact procedures shall be initiated for children who are considered for placement out-of-state for:
B. Homes of parents or relatives; orC. Foster, group, or residential child care; andD. Where the sending agency, such as a county department or the Court, holds legal custody or legal jurisdiction.7.307.32Interstate Compact on the Placement of Children ProceduresThe county department director shall be the Compact Liaison in each Colorado county. At each director's discretion, duties of the Liaison may be delegated to staff within the county department. It is recommended that the designated liaison be at the Child Welfare Supervisor level or above. The director shall notify, in writing, the Deputy Compact Administrator of the name, title, and phone number of this designee who shall perform the day-to-day functions of the Interstate Compact on the Placement of Children Liaison and be available for Colorado and other state Interstate Compact on the Placement of Children offices to contact for assistance with Compact related situations in that county.
Interstate Compact on the Placement of Children procedures shall be followed when a child is:
A. In the custody of a county department or under the jurisdiction of a court in one state and is considered for placement with his or her parents, relatives, non-relatives, foster parents, adoptive parents, or into residential or group care in another state.B. Under the jurisdiction of a county department, court, or private placement agency moves with his or her parents, relatives, foster parents, or prospective adoptive parents out-of-state.C. An adjudicated delinquent ordered by the court into a non-public institution out-of-state.D. An adjudicated delinquent who is not on probation or parole and is considered for placement with parents, relatives, foster parents, or prospective adoptive parents out-of-state.E. To be placed for adoption out-of-state.F. In the custody of a county department or under the protection of the court and has fled out-of-state and the local departments in both the sending and receiving states agree it may be in the child's best interest to remain in the site the child has chosen, pending the outcome of the home study.G. In the custody of a county department or under court jurisdiction and has been taken out of state or been coerced to leave the state without the court's consent; however, before ordering the child's return, the court agrees to a home study being done to determine the status of the child's living arrangement out of state to determine if the child should be permitted to stay there.H. In runaway status from another state and is taken into protective custody by a county department that subsequently learns that neither the parents nor any known relatives will grant the child access to their homes. In this situation, the county department shall file a Dependency and Neglect Petition on behalf of the child to enable the department to explore other relative placement possibilities out of state.7.307.4DIRECT PLACEMENTS OUT OF STATE BY PARENTS OR NON-AGENCY GUARDIANSA. Interstate Compact on the Placement of Children procedures shall be initiated for children who are being considered for placement out of state by parents, guardians, or relatives, into facilities not designated as medical or educational in nature when a child is considered for placement1. Out of state with a person other than a parent, step- parent, adult brother or sister, adult aunt or uncle, or grandparent.2. Out of state into a foster home, adoptive home, group home, residential facility or non-public institutional setting.3. With an out of state non-relative or non-agency guardian.B. The parent or guardian shall contact the local Colorado county department or the Colorado Interstate Compact on the Placement of Children state office to request information and to be provided with copies of the Interstate Compact on the Placement of Children Request to Place Child (100-A). The parent or non-agency guardian is considered to be the "sending agency" in this situation. The parent or guardian will forward the Interstate Compact on the Placement of Children request to the Colorado state Interstate Compact on the Placement of Children office which will forward the documents to the receiving state Interstate Compact on the Placement of Children office.
7.307.5REQUIREMENTS7.307.51Requirements When Colorado is the Sending State [Emer. Rule eff. 10/1/06; Perm. Rule eff. 12/1/2006]The county department must determine, within fourteen (14) calendar days upon receipt of the home study report conducted by the receiving state, whether the placement is appropriate for the child.
The county department or licensed child placement agency holding legal custody or maintaining court-ordered protective supervision and considering placement of a dependent child into any site out-of-state shall:
A. Submit information required by the state.B. Send a referral packet to the Deputy Compact Administrator in the receiving state and enter information from Forms 100-A and 100-B in the Child Welfare Automated Tracking System (see Section 7.307.7 on "Reporting requirements).C. Complete and submit the Change of Status Form (100-B) to the receiving state.D. Not be a party to sending or allowing a child to be taken across the state line without the "prior permission" of the receiving state Interstate Compact on the Placement of Children Administrator or his or her designated staff. Prior permission is defined as either permission or denial being granted on the 100-A or on a facsimile of the 100-A.E. Continue to have financial responsibility for the support and maintenance of the child during the out-of-state placement unless the placement is with a parent or a care-provider who assumes financial responsibility for the child.F. Be financially responsible for the return of the child if the placement disrupts and the decision is made to return the child.G. Send quarterly progress report form to the out-of-state foster care provider on the state designated form.H. Retain legal custody or the child remains under the court's jurisdiction; and,I. Not agree to dismissal of the Petition or termination of local court jurisdiction without one of the following four conditions being met: 1. The child has been adopted.2. The child has become self supporting or legally emancipated.3. The child is 18 or older.4. A minimum six month period of supervision has elapsed from date of Interstate Compact on the Placement of Children approval and the receiving state Interstate Compact on the Placement of Children Administrator or his/her designee has granted permission for dismissal of the Petition or termination of court jurisdiction.7.307.52Requirements When Colorado is the Receiving State [Rev. eff. 4/1/12]When Colorado is the receiving state of an Interstate Compact on the Placement of Children Request for Placement, all such requests shall be sent by the sending state directly to the correct county department or to the Colorado Deputy Compact Administrator who shall forward the request packet to the correct county department or licensed Child Placement Agency.
A. Upon receipt, the county department Interstate Compact on the Placement of Children liaison or designee shall review the request for compliance with the Compact and all relevant Colorado and federal laws, and take appropriate action.B. The county department staff or licensed Child Placement Agency staff assigned to the Interstate Compact on the Placement of Children cases shall: 1. Complete a home study within sixty (60) calendar days of receipt of the request from the sending state.2. Provide protective services and supervision of the placement according to the treatment plan and case plan set up by the county department or court in the sending state.3. Provide written progress reports as required.4. Make determinations and recommendations to the sending agency for dismissal or continuation of the legal custody and jurisdiction in the sending state.5. Provide services, including protective services, to families and children covered by the Interstate Compact on the Placement of Children and other approved Interstate or inter-country placements as are provided to other similar placement cases that are the responsibility of a county department.C. These cases shall be subject to the same contact requirements as other Program Area 4, 5 or 6 cases. If circumstances prohibit such contact, the county department shall document exceptions to the minimum requirements on the alternative agency contact agreement with a signature of approval from the county department administrator or county director. Case contacts shall be documented in the State Department's automated system.D. Requests for placement received from other states shall be opened as Program Area 6 in the State Department's automated system.E. The receiving state (Colorado) may close its Interstate Compact on the Placement of Children case when one of the following conditions have been met: 1. The child has been adopted.2. The child has become self supporting or legally emancipated.3. The child has become eighteen (18) years of age.4. The Colorado county liaison or state Interstate Compact on the Placement of Children Administrator has granted permission for dismissal of the petition or termination of court jurisdiction.7.307.6INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) EXPEDITED PLACEMENT DECISION [Rev. eff. 10/1/13]To fulfill its obligations under Interstate Compact on the Placement of Children, interstate cases must be processed in a time frame and manner comparable to intrastate cases and intrastate hardship cases.
The expedited placement is designed to eliminate delays in the placement of children in appropriate family homes across state lines.
A. All cases of expedited placement decision require an expedited placement decision court order.B. In addition, an expedited placement decision can only be made when the placement of the child is with a parent, step-parent, adult brother or sister, adult uncle or aunt, grandparent, or his/her guardian.7.307.61Definition of an Expedited Placement Decision [Eff. 10/1/13]"Expedited placement decision" means an approval or denial of a placement resource made by the receiving state within twenty (20) business days after receipt of a complete request from the sending state.
7.307.62Sending State Expedited Placement Decision Court Order Findings [Rev. eff. 10/1/13]A. A valid expedited placement decision court order from the sending state shall contain an express finding that one or more of the following circumstances applies to a particular case and sets forth the facts on which the court bases its finding: The proposed placement resource is a relative as specified in 7.307.6, B, and either:
1. The child is four (4) years old or younger and his/her sibling(s) if being placed in the same home; or,2. The child is in an emergency placement, or,3. The court finds that the child or any child in the sibling group has a substantial relationship with the proposed placement resource.B. In cases where the sending state court is not itself the sending agency, it is the responsibility of the sending agency to keep the court, which issued the priority order, informed of the status of the priority request.7.307.63County Department Processing of Sending State Expedited Placement Request [Eff. 10/1/13]The county staff shall obtain a copy of the sending state's court order of expedited placement decision. County staff will ensure that the order sets forth the factual basis for a finding that an expedited placement decision applies to the child in question, whether the request includes a request for a provisional approval of the prospective placement and a factual basis for the request.
The county department shall also obtain a signed written statement by the assigned case manager in the sending state that affirms the following conditions are met:
A. The child must be placed with a parent, step-parent, adult (as defined by the laws of the receiving state) brother or sister, adult uncle or aunt, grandparent, or his/her guardian.B. The relative or guardian is interested in being a placement resource and willing to cooperate with the ICPC process.C. The name and correct address, all available telephone numbers, other contact information of the placement resource, and the date of birth and Social Security Numbers of all adults in the home.D. Number and type of rooms in the residence of the placement resource to accommodate the child under consideration and the number of people, including children, who will be residing in the home.E. Proof of sufficient financial resources or explanation for how children will be fed, clothed and cared for.F. Acknowledgement that a criminal records and child abuse history check will be completed on any persons eighteen (18) years of age and older residing in the home.G. Based upon current information known to the sending agency, it is unaware of any fact that would prohibit the child being placed with the placement resource and that it has completed and is prepared to send all required paperwork to the sending state ICPC office.7.307.64Expedited Placement Decision Requirements When Colorado is the Sending State [Rev. eff. 10/1/13]A. The county department holding legal custody and considering placement of a dependent child into any site out-of-state shall complete an Interstate Compact on the Placement of Children request as outlined in Section 7.307.51 of these rules. The Interstate Compact on the Placement of Children referral packet shall include a valid expedited placement decision court order.B. There are specific time frames in processing expedited placement decision requests. 1. Time periods in these procedures may be modified with a written agreement between the court which made the expedited order, the sending agency, the Colorado Interstate Compact on the Placement of Children county liaison and the receiving state Compact Administrator. Any such modifications shall apply only to the single case to which it is addressed.2. The court sends a copy of its signed order for expedited placement decision to the sending agency within two (2) business days of the hearing or consideration of the request.3. Within three (3) business days of receipt of the expedited placement decision court order, the county caseworker shall transmit the signed court order, completed forms, and supporting documentation to the Interstate Compact on the Placement of Children county liaison.4. Within two (2) business days after receipt of the expedited placement decision request, the Interstate Compact on the Placement of Children county liaison shall transmit the complete expedited placement decision request and its accompanying documentation by overnight mailing to the receiving state Compact Administrator together with a notice form that the request is entitled to expedited processing.7.307.65Expedited Placement Decision Requirements When Colorado is the Receiving State [Rev. eff. 10/1/13]A. Within two (2) business days after receipt of a complete expedited placement decision referral packet from the sending state, the Interstate Compact on the Placement of Children county liaison shall forward the referral to the county caseworker.B. Within fifteen (15) business days, the county caseworker shall forward the completed home study to the Interstate Compact on the Placement of Children county liaison.C. Within three (3) business days after receipt of the home study, the Interstate Compact on the Placement of Children (ICPC) county liaison shall approve or deny the placement and provide the home study report to the sending state by expedited transmission.D. A county department is authorized to consent to the sending state's request to relinquish jurisdiction if the placement is approved with a parent from whom the child was not removed.7.307.7REPORTINGAll cases provided Interstate Compact on the Placement of Children services shall be opened by the Colorado county departments on the Department's automated reporting system.
7.307.8OTHER TYPES OF PLACEMENTS - CHILD MOVING OUT-OF-STATE WITH FOSTER PARENTSWhen it is decided that a child should accompany his/her foster parents who are relocating out-of-state, the county department shall initiate Interstate Compact on the Placement of Children procedures to secure prior approval, whenever possible, for the placement from the receiving state.
7.307.9EXCLUSIONNative American children placed by tribal authorities may be excluded or placed through Interstate Compact on the Placement of Children procedures at the choice of the tribal court.
38 CR 13, July 10, 2015, effective 8/1/201538 CR 19, October 10, 2015, effective 11/1/201538 CR 23, December 10, 2015, effective 1/1/201639 CR 03, February 10, 2016, effective 3/1/201639 CR 17, September 10, 2016, effective 10/1/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 01, January 10, 2017, effective 2/1/201740 CR 11, June 10, 2017, effective 7/1/201740 CR 17, September 10, 2017, effective 10/1/201740 CR 21, November 10, 2017, effective 12/1/201741 CR 01, January 10, 2018, effective 2/1/201841 CR 21, November 10, 2018, effective 12/1/201842 CR 03, February 10, 2019, effective 3/15/201942 CR 05, March 10, 2019, effective 3/30/201942 CR 15, August 10, 2019, effective 9/1/201942 CR 23, December 10, 2019, effective 1/1/202043 CR 01, January 10, 2020, effective 1/30/202043 CR 09, May 10, 2020, effective 6/1/202043 CR 15, August 10, 2020, effective 9/1/202043 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 03, February 10, 2021, effective 3/2/202144 CR 23, December 10, 2021, effective 12/30/202146 CR 03, February 10, 2022, effective 3/2/202346 CR 09, May 10, 2023, effective 6/1/2023