Author Topic: ICPC Statement from the great state of Utah  (Read 2468 times)

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Offline Deborah

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ICPC Statement from the great state of Utah
« on: May 27, 2003, 08:34:00 PM »
For those who know the compact applies, I
promise, this is my last word on ICPC, but
had to post this from Utah. Wonder how many
teens are there in violation???
Deborah

http://www.hsdcfs.utah.gov/icpc.htm

The Interstate Compact on the Placement of Children (ICPC) is a binding and enforceable contract between two states when a child has the approval to be placed with a family or facility in another state.  The Interstate Compact includes referrals on parents, relatives, foster parents, adoptive parents, and residential treatment facilities.  Relatives of the first degree are excluded from the Interstate Compact if the test is met in Article VIII (Limitations) of the law.

Persons who can initiate Interstate Compact referrals are private parties, the court, attorneys, and private and public child welfare agencies.  Under no circumstances can a child be placed in another state without the approval of the Interstate Compact on the Placement of Children's Office.  The child welfare agencies may send a child to visit a relative in another state for up to 30 days and during the summer school vacation with court approval without an Interstate Compact.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Deborah

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ICPC Statement from the great state of Utah
« Reply #1 on: July 22, 2004, 09:42:00 PM »
Soooo, why are so many teens being placed in violation of the ICPC???
This may have something to do with it.

In 1995 some of the Big Dogs in the industry got together to discuss such matters as the ICPC. Here's what Bob Lichfield had to report to the group:

Bob Litchfield of Cross Creek Manor in Utah gave a more uplifting report, a case of YOU CAN FIGHT CITY HALL AND WIN. Bob related that all programs in the State of Utah received a letter the first of March 1996 advising that all programs must comply with the rules of ISCP and approvals must be gained from the State PRIOR TO ANY ENROLLMENT. The biggest concern with this ultimatum was that in past dealings with the State ISCP manager the approvals were usually[?] always obtained but never came through until after the student had already been in the program and had left! Now they were asking for PRE APPROVAL!!

Bob explained they then contacted programs in the State and inquired as to their interpretation of the new regulation and how they felt about it. Surprisingly only a few of them even knew it was about to be implemented. They then called a meeting. 15 programs attended, and they compiled information about the industry in the state: 1,000 adolescents being served, with 900 from out of state; 14 facilities grossed $24.5 million yearly; 1297 employees with gross incomes at $59 million; 6,000 family visits from out of state estimating at least $3 million in tourism. The group presented this information to the State and were able to WORK OUT A COMPROMISE, enabling the programs to accept the students, complete their paper work, and receive authorization at a later date.
[QUESTION: CAN THE STATE OVERRIDE THE FEDERAL ICPC REQUIREMENTS AND NEGOTIATE COMPROMISES WITH PROGRAMS? THERE IS A REASON THAT APPROVAL IS REQUIRED PRIOR TO PLACEMENT. AND, SHOULD UTAH'S ECOMONY TAKE PRECEDENT OVER THE SAFE AND APPROPRIATE PLACEMENT OF TEENS IN OUT-OF-STATE FACILITIES? OF COURSE, THEY ALL KNOW THAT NEITHER STATE IS GOING TO ENFORCE THE ICPC THE WAY IT WAS INTENDED, SO WHY BOTHER WITH THE TECHNICALITIES, RIGHT?]

Bob explained what they found was that legislation was happening without the industry's knowledge. They have decided to form a State Association to address this problem and others.

There was additional discussions of InterState Compact problems and solutions. One problem is the states are interpreting parents as agencies. [NOT EXACTLY. ICPC SPECIFICALLY SAYS IT APPLIES TO AGENCIES AS WELL AS PARENTS] The general consensus was that government should NOT have authority to intervene in parental decisions unless the child is under government custody. [THE ICPC DOES NOT INTERVENE. IT IS A SAFEGUARD FOR CHILDREN.] Diane Flaherty, educational consultant, encouraged the formation of an association of programs to effectively defend programs and protect rights as well as a marketing tool. There was a general consensus of the desirability of developing an umbrella association.

http://www.strugglingteens.com/archives ... ews07.html
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Anonymous

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ICPC Statement from the great state of Utah
« Reply #2 on: July 23, 2004, 06:50:00 PM »
OK, I'm confused. forgive me for I am new to this. Are you saying that no one can send their child to a facility in Utah without permission of the state? I don't think I understand this  Please put this in everyday jargon for those of us who aren't quite up on this stuff.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Deborah

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ICPC Statement from the great state of Utah
« Reply #3 on: July 23, 2004, 09:48:00 PM »
ICPC is a federal compact between states.
Very simply it was created to prevent a rushed and/or inappropriate placement of a child in an out-of-state facility. Basically, the sending state must request permission from the receiving state for the parent or agency. The later wants to know if other options have been exhausted, how long the child will be in their state, etc, etc.

If the ICPC is enforced as intended, every teen would receive an independent psych evaluation prior to enrollment in a program in order to determine if the 'extreme' placement is really necessary and if out-of-state placement is in the child's best interest(or if the parent is an uptight control freak).

The state of TX ICPC office acted dumbfounded. I had to explain the ICPC to them. Very frustrating! In the end they defered to the state of Ga who claimed that the program was exempt. Hah! Indeed they appeared to be exempt, they were presenting themselves to authorities as a boarding school, and still do. Traditional boarding schools which provide no form of therapy and do not house teens 24/7/365, and bonefide psych hospitals are indeed exempt; for obvious reasons.

Had Tx enforced the compact my son would have left the program immediately. It was just way more than they could comprehend or figure out how to deal with due to the programs 'classification'. I sent them all the documentation necessary to prove the program was 'therapeutic'. It was not their duty to make that determination and therefore defered to the receiving state. Another reason it is so crutial that these facilities possess the correct license.

There are those who will argue that it doesn't apply to parents, but indeed it does; as well as Ed Cons. Which was another frustrating ordeal. The Ed Con in my case was not licensed to place out-of-state. The state excused her because she didn't physically deliver my son to the facility. Which is just bullshit. In fact, the whole ordeal was just more than their pea brains could deal with. So much for protecting children.

Much more info and links to the ICPC info at the first link:
http://fornits.com/wwf/viewtopic.php?topic=2046&forum=9
http://www.fornits.com/wwf/viewtopic.ph ... 22&forum=9
http://www.fornits.com/wwf/viewtopic.ph ... 24&forum=9

The following letter should state clearly for anyone with any intellegence at all that indeed the ICPC applies to all RTCs, TBSs, and Wilderness programs. Those who can't hear it or choose to interprete it differently, have an agenda.

http://www.strugglingteens.com/archives ... ews02.html

INTERSTATE COMPACT ON
THE PLACEMENT OF CHILDREN
(A Statement on how it relates to wilderness programs)

(The Interstate Compact was amended in the mid-seventies by all states as one part of the massive social legislation initiatives that swept the nation in the wake of the post-WATERGATE elections. The purpose of expanding the Interstate Compact was to give state governments notification and some control over placement of nonadjudicated youth from other states. This part of the Interstate Compact has not yet been consistently enforced. When it has been enforced, one important impact the Interstate Compact has is it requires parents to obtain permission from both state governments before they can place their child in a program in another state, even if the states have no other involvement. To my knowledge, there is no federal law relating to the interstate placement of nonadjudicated children. -LON) [Of course, Lon is gravely mistaken and had a poor understanding of the compact.]

May 21, 1996
The Honorable Richard Pombo
U.S. House of Representatives
Room 1519 Longworth House Office Building
Washington, D.C. 20515

Dear Congressman Pombo:

You have asked our organization whether the Interstate Compact on the Placement of Children (ICPC) applies to the placement of children in ?Wilderness Camps.? The answer to your question is that ICPC does apply if the placement is ?interstate,? or in other words from one state into another. When children are removed from the care, custody, and control of their parents or other legal custodian(s) and placed into programs for behavior modification, the Compact applies just as it does to other placements into residential treatment facilities. These wilderness camps generally apply rigorous discipline as a means of dealing with behavioral deviations. Whether placement in such a camp is appropriate for a particular child is to be determined by evaluating each particular case. If the child is an adjudicated delinquent, the placement will be made by a court as required in Article VI of ICPC. If the child is not being sent as a delinquent, the placement may or may not be by a court. But I must stress that placement in a wilderness program is the same as placement in a residential facility or program and, as far as ICPC is concerned, it is the same as placement in a group home or treatment center which does not qualify as a hospital or similar medical facility. I hope this explanation of ICPC in relation to ?wilderness camps? is of help to you and your staff.

With best regards,

Frank Barthel, J.D.
Secretariat Association of Administrators of the Interstate Compact on the Placement of Children
An affiliate of the American Public Welfare Association
810 First Street, NE., Suite 500
Washington, DC 20002-4267
(202) 682-0100, Fax:(202) 289-6555
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700

Offline Anonymous

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ICPC Statement from the great state of Utah
« Reply #4 on: July 31, 2004, 07:21:00 PM »
what about out of the Country? Can this help with someone who has been shipped to Mexico??
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Deborah

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ICPC Statement from the great state of Utah
« Reply #5 on: August 01, 2004, 12:52:00 AM »
No it's a compact between states in the US.

This thread may have some useful info for out-of-country placements.
http://fornits.com/wwf/viewtopic.php?So ... =9&start=0
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700