June 1, 2021
Julie Maguire Vallejo Government Operations Committee Specialist Comptroller of the Treasury Division of State Audit Cordell Hull Building 425 Rep. John Lewis Way Nashville, TN 37243
Dear Ms. Vallejo,
Please find attached the responses to the questions presented to the Department of Children’s Services regarding the Interstate Compact on the Placement of Children.
Should you have any questions or need any additional information or documentation, please contact me or Jennifer Donnals, chief of staff, at 615-253-7716 or via email at [email protected].
Sincerely,
Jennifer Nichols Commissioner
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs Sunset Public Hearing Questions for Interstate Compact on the Placement of Children Created by Section 37-4-201, Tennessee Code Annotated (Sunset Termination June 30, 2022)
1. Provide a brief introduction to the compact, including information about its purpose, requirements and the state officials involved.
Tennessee became a member of the Interstate Compact on the Placement of Children (ICPC) in 1974 to ensure safety and permanency for children placed across state lines. Since 1990, the Interstate Compact on the Placement of Children has been a statutory law in 52 jurisdictions and provides uniform procedures for out of state placements. ICPC’s purpose is to ensure supervision and provision of services to children placed out of state for foster care, preliminary to an adoption, and temporary placement into a licensed residential treatment facility or institutional placement. The ICPC consists of articles and regulations that allow for standardization in essential forms, procedures, and processes for placing children out of state.
The ICPC provides the sending agency/state the opportunity to obtain an evaluation of the proposed placement prior to child’s placement into the proposed home, facility, or institution. It allows the prospective receiving state to ensure that the placement is not contrary to the interests of the child and ensures that the sending agency/state has the opportunity to obtain services, supervision and regular reports on the child’s adjustment and progress until permanency for the child is obtained. Compliance with ICPC allows the sending agency/state to retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, and disposition of the child as if the child remained within in the sending state.
The ICPC requires each state to maintain a Compact Administrator and at least one Deputy Compact Administrator to ensure compliance. Commissioner Nichols is the Compact Administrator for the state of Tennessee. Roshon Heath is the Deputy Compact Administrator and oversees the day to day operations of the ICPC. The Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) consists of elected officials to assist with ICPC compliance and to advance practice, directives, and initiatives more effectively.
2. What other states have entered into the compact with Tennessee? Have any party states withdrawn from the compact? If so, which states and what were their reasons for withdrawing?
The ICPC currently consists of 52 jurisdictions, which includes all 50 states, the District of Columbia and the US Virgin Islands. No state or jurisdictions have withdrawn from the ICPC.
3. Tennessee Code Annotated, Section 37-4-203, designates the Commissioner of Children’s Services as the administrator for the compact in Tennessee. What are the administrator’s duties and responsibilities under the compact? If the Commissioner has delegated these duties and responsibilities, please indicate who within the department is serving in this capacity.
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs
The Commissioner maintains voting rights for any changes to the current ICPC, including the uniformity of forms required to process requests for placement of children out of state. She has designated Roshon Heath as the Deputy Compact Administrator to oversee the day to day operations of the ICPC. Ms. Heath coordinates activities under the ICPC, works jointly with other party jurisdictions, and promulgates policy to ensure the terms and provisions of the Compact are carried out effectively.
In addition to the Deputy Compact Administrator, the Department employs six (6) staff who are responsible for processing the paperwork and information that must be transmitted between states in compliance with the ICPC. These staff maintain contact with their counterparts in all jurisdictions and participate in Child and Family Team Meetings for children when necessary.
4. Do the compact administrators for member states meet periodically? If so, how often have they met during fiscal years 2019, 2020 and to date in fiscal year 2021? What states were represented at these meetings?
The Association of Administrators on the Interstate Compact on the Placement of Children (AAICPC) holds monthly meetings via phone or virtual teleconference for all Compact and Deputy Compact Administrators. A representative of each jurisdiction attends the meeting to discuss any issues or changes to state procedures and/or laws.
AAICPC coordinates yearly conferences for Compact and Deputy Compact Administrators. Due to COVID the previous conference was held virtually in August 2020 and was open to all ICPC staff across the country. The conference provided ICPC training and updates on any changes to state’s procedures. The Deputy Compact Administrator, Roshon Heath, along with her staff, attended the virtual conference.
5. What expenses does Tennessee incur as a result of participation in the compact? What is the source of the revenue for these expenses?
Expenses for the Compact include salaries for seven staff, which include the Deputy Compact Administrator and six full time employees. In addition, the unit shares an Administrative Assistant who coordinates incoming requests for placements. As of May 28, the annual salaries for the unit total $344,322. Salaries are funded as follows: 6% federal, 57% inter- departmental, and 37% state ($127,399.14 state funds).
A subscription to the American Public Human Services Association (APHSA) is paid yearly for the operation and oversight of ICPC information for each jurisdiction. The Association of Administrators for the Interstate Compact on the Placement is an affiliate of the APHSA. Membership fees for calendar year 2021 are $25,000. Membership allows our state to continue to work with all jurisdictions and remain informed of any changes or challenges for
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs processing requests to place children into other states. Membership to the Compact provides Tennessee with any voting rights for changes to aspects of ICPC. Fees for membership to APHSA are funded as follows: 6% federal, 57% inter-departmental, and 37% state ($9,250 state funds).
Due to other jurisdictions only accepting transmissions through the National Electronic Interstate Compact Enterprise (NEICE), Tennessee ICPC has utilized mail and Fed Ex to ensure timely receipt of requests. In September 2019, the Tennessee Department of Children’s Services was awarded a grant from the Administration for Children and Families - Children’s Bureau in the amount of $424,800 to join the National Electronic for Interstate Compact Enterprise. This web-based network will support best practices and provide cost savings by reducing postal charges and other paper-based expenses. This will allow Tennessee to submit and receive secure transmissions to other jurisdictions for timely results of proposed placement evaluations. All fees thus far have been paid through the awarded grant. A $25,000 yearly fee will be required to utilize the system. It is estimated that NIECE will be fully operational in Tennessee by June 2022. The source of the revenue for the NIECE is federal funds.
6. How does this compact ensure that a child is placed in a suitable environment? How does this compact ensure that placements are made in a timely manner?
The ICPC provides for the potential resource to be evaluated. This includes the receiving state completing home visits, interviews, background clearances and training when necessary and/or requested and providing written approval or denial of the placement. This evaluation includes an evaluation of the child’s needs and a determination that placement of the child would be in their best interest.
The Safe and Timely Interstate Placement of Foster Child Act of 2006 provides that requested home evaluations be completed within sixty (60) days, or a status update of any issues or concerns. As a member of the ICPC, Tennessee is able to have direct communication with other states and jurisdiction by electronic or verbal means, which helps ensure a timely response. In the event the prospective placement cannot be approved or denied within sixty (60) days, a written status update is requested and provided. This status update details any barriers to completion of the request and an estimated time of completion.
The Family First Prevention Services Act requires all jurisdictions that are members of the ICPC to have an electronic interstate processing system by 2027. Currently, 38 states utilize NEICE to submit secure transmissions. There are an additional ten (10) jurisdictions with current Memorandum of Understandings for the onboarding of the National Electronic Interstate Compact Enterprise, including Tennessee. It is estimated that Tennessee will be fully operational by June 2022. The Department expects to have more efficient and accurate communication between states, which would result in more timely placements across state lines.
7. How many children entered Tennessee under the provisions of the compact during fiscal years 2019, 2020, and to date in fiscal year 2021? What types of placement was necessary for each
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs
child? Is there a “typical” child who enters Tennessee under the provisions of the compact? If so, please describe.
Table 1 Placements by Care Request Type-Into Tennessee FY FY FY 2021 Grand Care Requested 2019 2020 YTD Total ADOPTION 190 152 70 412 FOSTER FAMILY HOME 88 92 70 250 INSTITUTIONAL CARE 31 19 29 79 PARENT 44 38 29 111 RELATIVE 96 79 77 252 RESIDENTIAL TREATMENT CENTER 359 318 305 982 (blank) 0 1 0 1 Grand Total 808 699 580 2,087
Table 2 Count of Children Placed into Tennessee FY FY FY 2021 Grand 2019 2020 YTD Total Count of Children Placed 785 679 575 2,039
Table 1 above demonstrates the number of requests, by placement type, the state of Tennessee receives each year, while Table 2 provides a count of unique children placed in Tennessee. There may be an occasion where a child is associated with two distinct placement type requests. For example, a state could first send a request for a child to be placed with a relative and after the child has successfully resided with the relative for a period of time, the sending state could request an adoption study be completed.
During the 2019 fiscal year, 785 children entered the state of Tennessee through the provisions of the ICPC. Of these children, 23 had more than one placement type, resulting in 808 approvals for placement. 48% of these placements were made into a Tennessee licensed residential treatment facility. Another 24% of these children were placed for the purpose of adoption with the rest being parent, relative or foster placements.
During the fiscal year for 2020, 679 children were placed into Tennessee under the ICPC process. Of these children, 45% were placed into residential treatment facilities. Also, of these
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs children, 190 (22%) were placed for adoption within our state. Other children were placed with relatives, parents and in approved foster homes.
For the current fiscal year, as of April 30, 2021, a total of 575 children have entered Tennessee under the provisions of ICPC. For these placed children 580 requests were evaluated. The majority of these placements have been made into residential treatment facilities. There are 270 (46%) of these children placed this current year with parents, relatives, foster and adoptive parents.
Although there is not a typical child to enter our state, most of the children that Tennessee serves through the Interstate Compact on the Placement of Children are in foster care in other states. Some of these children require additional treatment and services that can only be met within a facility setting.
8. How many children left Tennessee under the provisions of the compact during fiscal years 2019, 2020, and to date in 2021? What types of placement was necessary for each child? Is there a “typical” child who enters Tennessee under the provisions of the compact? If so, please describe.
Table 3 Placements by Care Request Type-Out of Tennessee FY FY FY 2021 Grand Care Requested 2019 2020 YTD Total ADOPTION 76 66 44 186 CHILD CARING INSTITUTION 3 3 0 6 FOSTER FAMILY HOME 57 78 64 199 GROUP HOME CARE 0 1 0 1 INSTITUTIONAL CARE 22 34 8 64 OTHER 0 3 0 3 PARENT 57 42 42 141 RELATIVE 122 146 83 351 RESIDENTIAL TREATMENT CENTER 143 109 102 354 Grand Total 480 482 343 1,305
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs Table 4 Count of Children Placed Out of Tennessee FY FY FY 2021 Grand 2019 2020 YTD Total Count of children placed 463 465 340 1,268
Table 3 above demonstrates the number of requests, by placement type, the state of Tennessee submits to other states each year, while Table 4 provides a count of unique children placed by Tennessee into another state. There may be an occasion where a child is associated with two distinct placement type requests. For example, Tennessee could first send a request for a child to be placed with a relative and after the child has successfully resided with the relative for a period of time, Tennessee could request the receiving state complete an adoption study.
For the 2019 fiscal year, 463 children were placed out of the state by Tennessee under the provisions of the ICPC. In order to place these children, 480 placement requests were completed and approved. Of these children 30% were placed in a residential treatment facility, 25% were placed with relatives and 16% were placed for adoption purposes. The remaining children were placed with parents or fully approved/licensed foster parents.
During the fiscal year of 2020, 465 Tennessee children were placed into other states through the Compact. For these placements to occur, 482 requests were submitted by the Department for these children. Approximately 30% of these children were placed with relatives outside of the state of Tennessee. Data indicates 24% of placed children during this time were placed in out of state residential facilities for treatment. The remaining children were placed with parents and foster and/or adoptive parents.
As of April 30, 2021, there have been 340 children placed out of state under the provisions of the ICPC for the current fiscal year. Approximately 32% of children placed out of state during this fiscal year have been placed in residential treatment facilities. There have been 24% placed with relatives and 18% placed with fully certified/licensed foster families. The remaining placements have occurred with birth or adoptive parents.
Most of the children served by the ICPC are in the custody of the Department of Children Services. These services are provided for both youth adjudicated dependent and neglected and youth adjudicated delinquent or unruly.
9. Have rules been promulgated as authorized under Article VII of the compact?
While the Department does have rulemaking authority to promulgate rules in accordance with the ICPC, the Department does not currently have any effective rules for the ICPC. The statutory text of the ICPC governs practice for external stakeholders; however, the Department
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs
has developed the following policies and guidebooks in order to assist the community in understanding the ICPC and the corresponding processes.
The Department maintains policies and guidebooks that also help explain ICPC to interested stakeholders and serve as best practice guides. These policies and guidebooks include: Tennessee Department of Children’s Services Policy 1.30 ICPC Practice and Procedures Manual ICPC Judicial Guidebook Procedures Manual for Independent and Private Agency Placements Guidelines for Compliance with ICPC for Residential Treatment Facility Referral Guidelines for Compliance with ICPC for Independent/Private Agency Referral
Deputy Compact Administrator Roshon Heath provides ICPC training to all Departmental Staff. In addition, training has been provided to provider agencies and court staff across the state. The ICPC and the Interstate Compact for Juveniles (ICJ) entered into a Memorandum of Understanding in 2012. The MOU outlines the collaboration between ICJ and ICPC and the roles and responsibilities of each Compact. These two Compacts provide joint training to court staff and attorneys about how the two entities work together to ensure compliance for both Compacts. The Best Practice Guide for this collaboration can be located on the Department’s intranet and website.
10. What challenges does the Department of Children’s Services face when placing children through the provisions of the compact?
Challenges experienced by the Department of Children’s Services for the placement of children include timeliness of the completion of the requested home evaluation from some states. Pieces of this barrier include the transmission of information between states. Thirty-eight (38) jurisdictions utilize the National Electronic Interstate Compact Enterprise (NEICE) for secure transmission of information and documents required by the ICPC for placement of children across state lines. As Tennessee has yet to onboard NEICE, the Department must utilize other jurisdictions’ preferred method of transmission. This may require utilizing mail, thus lengthening the time for processing requests for placement as well as receiving status updates and/or placement decisions. However, the Department expects to fully utilize NEICE by June of 2022.
During the pandemic and the necessity in most jurisdictions to work remotely, the Tennessee Department of Children's Services began utilizing the Secure Document Portal of NEICE. This portal allows for the transmission of secure data from our state to any state currently utilizing NEICE for processing requests for out of state placements. This has allowed for faster reports and placement decision between states. This practice will continue until Tennessee has fully implemented the NEICE system. States using NEICE report significantly shortened time periods to place children across state lines.
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs Although jurisdictions work well together and have open communication, due to the necessity of obtaining information from local staff, or private agencies, some states have difficulty with timely responses. Other challenges involve ensuring children placed out of state have obtained Medicaid and/or insurance. As each state has different policies and departments that assist with obtaining Medicaid, at times, this can be a longer process. Any challenges experienced are brought to the attention of the Association of Administrators for Interstate Compact on the Placement of Children. AAICPC reaches out to states and discussed any issues. These issues are brought to the attention of all Compact and Deputy Compact Administrators during monthly meetings.
11. Does the Department of Children’s Services prepare or publish any periodic reports pertaining to its operations and activities under the provisions of the compact? If so, please provide an electronic copy of the most recently reported information. Who receives copies of these reports?
The Department does not prepare or publish any periodic reports specific to the operations and activities under the provisions of the compact.
12. Should Tennessee’s participation in the compact be continued? To what extent and in what ways would the absence of the compact affect the public health, safety, or welfare of the children it is intended to serve?
Tennessee should remain a Member of the Interstate Compact on the Placement of Children. Absence of the Compact could result in the lack of communication with other states, leading to the lack of supervision and provision of services for children placed out of state. The ICPC allows the receiving state to examine the proposed home and provide information as to whether the placement would be contrary to the best interest of the child. Nonparticipation with the Compact would not allow for proposed out of state placements to be evaluated; therefore, children could be placed at risk and in unknown environments. Without the provision of services provided through ICPC, families could be left without proper guidance, financial and/or medical assistance needed to ensure permanency for children and families.
In September 2019, the Tennessee Department of Children's Services entered into a Memorandum of Understanding with the American Public Human Services Association for the National Electronic Interstate Compact Enterprise (NEICE). Entering into the MOU provided an agreement that the Department would continue as a member of ICPC.
13. Describe any items related to the compact that require legislative attention and a brief description of your proposed legislative changes.
The Department has not identified any items specific to the ICPC that would require legislative changes.
14. Please identify the appropriate agency representative or representatives possessing substantial knowledge and understanding of the responses provided to the sunset review questions.
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs Jennifer Nichols, Commissioner Roshon Heath, Deputy Compact Administrator
15. Please identify the appropriate agency representative or representatives who will respond to the questions at the scheduled sunset hearing.
Jennifer Nichols, Commissioner Roshon Heath, Deputy Compact Administrator
16. Please provide the office address, telephone number, and email address of the agency representative or representatives who will respond to the questions at the scheduled sunset hearing.
Jennifer Nichols UBS Tower, 10th Floor 315 Deaderick Street Nashville, Tennessee 37243 (615) 741-9701 [email protected]
Roshon Heath UBS Tower, 9th Floor 315 Deaderick Street Nashville, Tennessee 37243 (615) 532-5593 [email protected]
Commissioner’s Office • UBS Tower, 10th Floor • 315 Deaderick Street • Nashville, TN 37243 Tel: 615-741-9701 • Fax: 615-532-8079 • tn.gov/dcs