Interstate Compact on the Placement of Children: Regulation No. 7  

Document Author: Carolyn McLean, Osee R. Fagan Intern, Guardian ad Litem office for the 8th Judicial Circuit, Alachua County, Gainesville, Florida Posted: 7/97

On October 1, 1996, Regulation No. 7 was nationally adopted pursuant to Article VII of the Interstate Compact on the Placement of Children (ICPC). This regulation makes it possible to expedite the usual ICPC placement process while still providing a safe, supervised placement, and ensuring that the child receives needed services. Regulation No. 7 sets forth the limited circumstances under which this expedited, or priority placement process may be used. The child being considered for interstate placement can qualify for priority placement if one of the two following circumstances exists: 1. The child's proposed placement must be with a relative belonging to a class of persons enumerated in Article VIII(a) of the Compact, specifically, a parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or a court appointed legal guardian of the child, who could legally receive a child from another person belonging to the same class without invoking the Compact, and

a. the child is under two years of age; or b. the child is in emergency shelter; or c. the child has spent a substantial amount of time in the home of the proposed placement recipient.

If the GAL/CASA determines that the child they advocate for qualifies under this requirement, they should make the case worker aware of the possibility that Regulation No. 7 can be utilized, and assist the case worker in gathering the necessary information to facilitate implementing Regulation No. 7. 2. The Compact Administrator in the receiving state has had the properly completed standard (non-priority) ICPC request package for over 30 business days, and the Sending Agency has not received a response determining whether the child may or may not be placed. If the GAL/CASA perceives that the child they advocate for qualifies under this requirement, they should make the case worker aware of the situation. The case worker can then submit the case for priority placement treatment. 

There are additional requirements that the Department of Children and Families must meet regarding priority placement, but the eligibility of the child is the primary concern of the GAL/CASA. Furthermore, Regulation No. 7(4)(a) also provides a means whereby the court which made the priority placement order can intervene if the priority placement request is not being followed appropriately. This is an important reason for GAL's/CASA's to be aware of the deadlines imposed by the Regulation.

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