The compact DOES apply to parents unless they are sending the teen to another relative or to a traditional boarding school. See below.
http://icpc.aphsa.org/documents/Regulations1.htm6. (a) Pursuant to Article VIII (a), this Compact does not apply to the sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's guardian and leaving the child WITH ANY SUCH RELATIVE or NON-AGENCY GUARDIAN in the receiving state, provided that such person who brings, sends, or causes a child to be sent or brought to a receiving state is a person whose full legal right to plan for the child: (1) has been established by law at a time prior to initiation of the placement arrangement, and (2) has not been voluntarily terminated, or diminished or severed by the action or order of any court.
http://icpc.aphsa.org/documents/Guidebook_2002.pdfChildren placed out of state need to be assured of the same protections and services that would be provided if they remained in their home states. They must also be assured of a return to their original jurisdictions should placements prove not to be in their best interests or should the need for out-of-state services cease.
TYPES OF PLACEMENTS COVERED
The Compact applies to four types of situations in which children may be sent to other states:
? Placement preliminary to an adoption.
? Placements into foster care, including foster homes, group homes, RESIDENTIAL
TREATMENT FACILITIES, and institutions.
? Placements with parents and relatives when a parent or relative is not making the placement.
? Placements of adjudicated delinquents in institutions in other states.
1. In determining whether the sending or bringing of a child to another state is exempt from the provisions of the Interstate Compact on the Placement of Children by reason of the exemption for various classes of institutions in Article II (d), the following concepts and terms shall have the following meanings:
(a) ?Primarily educational institution? means an institution which operates one or more
programs that can be offered in satisfaction of compulsory school attendance laws, in which the PRIMARY PURPOSE of accepting children is to meet their EDUCATIONAL NEEDS; and which DOES NOT DO one or more of the following:
(1) accept responsibility for children during the entire year;
(2) provide or hold itself out as providing child care constituting nurture sufficient to
substitute for parental supervision and control or foster care;
(3) provide any other services to children, except for those customarily regarded as
extracurricular or cocurricular school activities, pupil support services, and those services necessary to make it possible for the children to be maintained on a residential basis in the aforementioned school program or programs.
5. The type of license, if any, held by an institution is evidence of its character, but DOES NOT determine the need for compliance with ICPC. Whether an institution is either generally exempt from the need to comply with the Interstate Compact on the Placement of Children or exempt in a particular instance is to be determined by the SERVICES IT ACTUALLY PROVIDES or offers to provide. In making any such determinations, the criteria set forth in this regulation shall be applied.
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The TBS my son attended listed with their state as a Boarding School. It appears to me that they, and others are attempting to catorgorize themselves as Traditional Boarding Schools with an "Emotional Growth Cirriculm".
[BTW, Even if they were classified as such, this would not cause them to be exempt from ICPC because they are offering more than standard extracurricular activities, administer behavior mod, and care for teens year round.]
This $5K/mo facility bragged about being a college prep facility and their accreditation with SACS. In fact, my son spent 20 mo there and was 5 credits behind his peers when he returned home. He was an A/B student prior.
Ways to ensure that the compact is enforced: States require Ed Cons and other agencies who refer or send teens to comply.
Officials require all programs in their state to inform parents of ICPC procedures.
The Ed Con who refered my son never met him, refered to an unlicensed facility, did not have the state required license to refer out of state, and it was questionable if she violated the ICPC because she did not personally take him to Ga(his father did).
Again, the state didn't have a clue how to proceed with this. Last I knew the Tx Ed
Con was under investigation by CPS. The TBS in Ga was being investigated for license violations. Unless they received a wavier to operate as an "experimental program", they were to be classified as a Residential Care Facility and subject to regs. Their Wilderness program was required to be licensed as such right away. I requested to be notified of each state's decisions in these matters but wasn't. I haven't followed up.
