In accordance with ICPC Regulation 4, states must provide for the protection and safety of a child being placed in a residential treatment center (RTC) in another state.

A Texas caseworker may place a child who is in DFPS conservatorship in an out-of-state RTC if either of the following applies:

• An out-of-state RTC is better equipped to meet the child’s specific needs.
• There are no Texas RTCs with available capacity to meet the child’s needs.

Before submitting an ICPC RTC request, the Texas caseworker must ensure that a child-specific RTC contract for an out-of-state placement is executed and in place and includes Medicaid.

Upon confirmation of the child-specific RTC contract, the Texas caseworker must submit the ICPC Placement Request-100A through the child’s SUB stage in IMPACT. The RTC request for placement must include:

• ICPC-100A Home Study Request Detail page fully completed (required for all RTC requests).
• A current case history for the child: A cover letter including why the child came into DFPS care, any special needs, behavior problems, or psychotropic medications, and the permanency plan for the child.
• Letter of acceptance from the RTC (the acceptance letter must be current – not more than a month old).
• A copy of the affidavit of removal.
• A copy of the temporary orders indicating DFPS has jurisdiction over the child.
• A copy of the most current review orders indicating DFPS continues to have jurisdiction over the child.
• Service (case) plan: A copy of a current Child’s Plan of Service.
• Financial and medical plan: A written description of the responsibility for payment of the cost of placement of the child in the RTC, including the name and address of the person or entity that will be making the payment and the person or entity who will be otherwise financially responsible for the child. It is expected that the medical coverage will be arranged and confirmed between Texas and the RTC prior to placement of the child. This can be documented in the cover letter.
• Placement Disruption Agreement: A signed Placement Disruption Agreement indicating who will be responsible for the return of the child to Texas if the placement disrupts or a request is made for the child’s removal and return to Texas. This can be documented in the cover letter.

For an overview of the ICPC process, see the ICPC Resource GuidePDF Document.

Submission of Placement Request-100A

• Once an RTC has been identified and a contract is in place between Texas and the RTC, the Texas caseworker submits the Placement Request-100A to the supervisor within one (1) business day.
• The supervisor reviews the Placement Request-100A and documentation for compliance and assigns the regional ICPC coordinator as the secondary approver the same day.
• The regional ICPC coordinator reviews the Placement Request-100A and documentation for compliance and assigns State Office ICPC as the final approver the same day.
• State Office ICPC reviews the Placement Request-100A and documentation for compliance and submits to the receiving state’s Compact Office within one (1) business day.

Decision by receiving state’s Compact Office to approve or deny placement of the child into the out-of-state RTC:

• Receiving state’s decision process: The receiving state’s Compact Office reviews the RTC request and the current licensing status of the RTC.
• The receiving state’s Compact Office approves or denies the RTC request based on a determination that “the proposed placement does not appear to be contrary to the interests of the child”.
• The receiving state’s Compact Office may, as part of its review process, verify that the RTC is properly licensed and not under an investigation by law enforcement, child protection, or licensing staff for unfit conditions or illegal activities that might place the child at risk of harm.

The final decision (approval or denial) of the RTC request is provided by the receiving state’s Compact Office in the form of a signed ICPC-100A within three (3) business days from receipt of the complete RTC request from Texas ICPC.

DFPS has the final authority to determine whether to place the child in the approved out-of-state RTC.

The receiving state’s ICPC-100A approval for placement in an RTC expires thirty (30) calendar days from the date the 100A was signed by the receiving state’s Compact Office. The thirty (30) calendar-day time frame can be extended upon mutual agreement between Texas and the receiving state’s Compact Office.

Submission of Placement Status-100B placement:

• The Texas caseworker submits the 100B placement within three (3) business days to the regional ICPC coordinator. 
• The regional ICPC coordinator submits the 100B placement to State Office ICPC within one (1) business day.
• State Office ICPC submits the 100B placement to the receiving state’s Compact Office within five (5) business days.
• DFPS remains obligated to retain jurisdiction over the child while placed out of      state and is responsible for the child while the child remains in the receiving state until treatment is completed or the legal case is closed.
• The receiving state’s local child protection caseworkers are not expected to provide any monitoring or supervision of a child placed in the RTC. The one exception is those children who may become involved in an incident or allegation occurring in the receiving state that involves the receiving state’s law enforcement, probation, child protection, or court.
• The Texas caseworker will maintain monthly face-to-face contact and communication with the child based on Texas policy for children placed out of state.

Return of Child to Texas at the Request of Receiving State:

Request to return child to Texas after the receiving state’s Compact Office had previously approved placement:

• If the receiving state’s Compact Office determines that the RTC placement “appears to be contrary to the interests of the child,” then the receiving state’s Compact Office may request the child return to Texas or propose an alternative placement in the receiving state. That alternative placement must be approved by the receiving state’s Compact Office before the child’s placement is made.
• Return of the child to Texas must occur within five (5) business days from the date of notice for removal, unless otherwise agreed upon between Texas and the receiving state’s Compact Office.

Closing an Out-of-State Residential Treatment Center Placement:

• If the child is no longer in the out-of-state RTC, the Texas caseworker is responsible for submitting the Placement Status-100B closure indicating the closure reason and closure date.
• The Texas caseworker submits the Placement Status-100B closure within three (3) business days to the supervisor for review.
• The supervisor reviews the Placement Status-100B closure for compliance and submits to the regional ICPC coordinator for review.
• The regional ICPC coordinator reviews the Placement Status-100B closure for compliance and submits to State Office ICPC within one (1) business day for review.
• State Office ICPC reviews the Placement Status-100B closure for compliance and submits to the receiving state’s Compact Office within five (5) business days.