
The Interstate Compact on the Placement of Children (ICPC) is a law enacted by all 50 states, the District of Columbia, and the US Virgin Islands to ensure protection and services for children placed across state lines. The ICPC establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child. The ICPC applies to placements preliminary to adoption, placements into foster care, and placements with relatives when a parent or relative does not hold legal custody of the child. The ICPC does not apply to interstate placements made in medical or psychiatric hospitals, institutions for the mentally ill, or in boarding schools, or any institution primarily educational in nature.
Characteristics | Values |
---|---|
Purpose | To ensure protection and services to children placed across state lines |
Legal basis | Article I, Section 10, Clause 3 of the United States Constitution and Section 571 of Title 10 of the Oklahoma Statutes |
Sending or requesting agency | A party state, officer, or employee thereof; a subdivision of a party state, officer, or employee thereof; a court of a party state; a person, corporation, association, or charitable agency; or an entity that sends, brings, or causes to be sent or brought any child to another party state |
Receiving state | The state to which a child is sent or brought, by public authorities or private persons or agencies, and for placement with state or local public authorities, private agencies, or persons |
Types of placements | Preliminary to adoption; into foster care, including foster homes, group homes, residential treatment facilities, and child caring institutions for treatment of chronic or long-term conditions; with the parent, stepparent, grandparent, adult sibling, or adult aunt or uncle when any such relative is not making the placement; and adjudicated delinquent and placed in institutions in other states |
Exceptions | Placement of a child in a hospital, medical facility, or mental health facility for acute or short-term treatment; placement in an institution primarily educational in nature; placement by a parent, stepparent, grandparent, adult sibling, adult aunt or uncle, or child's non-state agency guardian with any such relative or non-state agency guardian in the receiving state; visits in another state; placement with a non-offending, noncustodial biological parent when the court does not have evidence that such parent is unfit, does not seek such evidence, and does not retain jurisdiction over the child after transferring custody; placement of a child in or from another country; and interstate supervision of a parent's treatment and service plan |
What You'll Learn
- The ICPC is an agreement adopted by all state legislatures and is consistent with constitutional law
- The ICPC establishes uniform guidelines and procedures intended to safeguard the best interests of each child
- The ICPC applies to placement preliminary to an adoption
- The ICPC applies to placements into foster care
- The ICPC applies to placements with relatives when a parent or relative does not hold legal custody of the child(ren)
The ICPC is an agreement adopted by all state legislatures and is consistent with constitutional law
The Interstate Compact on the Placement of Children (ICPC) is an agreement that has been adopted by all 50 state legislatures in the United States, as well as the District of Columbia and the US Virgin Islands. The ICPC is a law that provides protection and services to children who are placed across state lines. It establishes uniform guidelines and procedures to safeguard the best interests of each child.
The ICPC is consistent with constitutional law and its legal basis can be found in Article I, Section 10, Clause 3 of the United States Constitution. The ICPC ensures that children who are placed out-of-state have the same protections and services as those provided in their home state. It also ensures that children can be returned to their original county of jurisdiction if the placement is determined to be contrary to their interests, or if the need for out-of-state services ceases.
The ICPC establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child. It defines the types of placements and senders subject to the law, as well as the procedures to be followed in making an interstate placement. The ICPC also specifies the safeguards, services, and construction of the law.
The ICPC is a mandatory legal process used by county agencies to place a child from one state to another for purposes of foster care and/or adoption. It was enacted to ensure protection and services for foster children placed across state lines. The ICPC contains 10 "Articles" and 12 "Regulations" that outline the protocols and forms required by all sending and receiving states and agencies.
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The ICPC establishes uniform guidelines and procedures intended to safeguard the best interests of each child
The Interstate Compact on the Placement of Children (ICPC) is a law enacted by all 50 states, the District of Columbia, and the US Virgin Islands. It establishes uniform guidelines and procedures to safeguard the best interests of each child who is placed across state lines. The ICPC ensures that children placed out-of-state have the same protections and services as they would in their home state.
The ICPC applies to the following types of interstate placements:
- Placement preliminary to an adoption.
- Placements into foster care, including foster homes, group homes, residential treatment facilities, and institutions.
- Placements with relatives when a parent or relative does not hold legal custody of the child(ren).
The ICPC does not apply to interstate placements made in medical or psychiatric hospitals, institutions for the mentally ill, or in boarding schools, or any institution primarily educational in nature. It also does not apply to visits, which are stays of 30 days or less with a definite beginning and end date.
The ICPC was written in the late 1950s and first enacted by New York in 1960. It is the mandatory legal process used by county agencies to place a child from one state to another for purposes of foster care and/or adoption. The ICPC establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child.
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The ICPC applies to placement preliminary to an adoption
The Interstate Compact on the Placement of Children (ICPC) is a law enacted by all 50 states, the District of Columbia, and the US Virgin Islands. The ICPC ensures protection and services for children placed across state lines. It establishes uniform guidelines and procedures to safeguard the best interests of each child.
The ICPC applies to the following types of interstate placements:
Placement Preliminary to an Adoption
The ICPC applies to the placement of a child preliminary to an adoption. This means that if a child is going to be placed in a different state as part of the process of being adopted, the ICPC comes into effect. This ensures that the child's interests are protected and that they receive the necessary services during this transition.
Placements into Foster Care
The ICPC also covers placements into foster care, including foster homes, group homes, residential treatment facilities, and institutions. This means that if a child needs to be moved to a foster care facility in another state, the ICPC provides the legal framework to facilitate this move and ensure the child's well-being.
Placements with Relatives
Additionally, the ICPC applies to placements with relatives when a parent or relative does not hold legal custody of the child. For example, if a child needs to be placed with an adult sibling, grandparent, aunt, or uncle who lives in another state, the ICPC would govern this process.
Exclusions
It is important to note that the ICPC does not apply to all interstate placements. It excludes placements in medical or psychiatric hospitals, institutions for the mentally ill, boarding schools, or any institution primarily educational in nature. These types of placements are not covered by the ICPC's regulations and procedures.
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The ICPC applies to placements into foster care
The Interstate Compact on the Placement of Children (ICPC) is a law that applies to the placement of children across state lines. It is an agreement that has been adopted and is consistent with the constitutional law of all 50 states, the District of Columbia, and the US Virgin Islands. The ICPC establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child.
The ICPC applies to a range of interstate placements, including:
- Placement preliminary to an adoption.
- Placements into foster care, encompassing foster homes, group homes, residential treatment facilities, and institutions.
- Placements with relatives when a parent or relative does not hold legal custody of the child(ren).
In the context of foster care, the ICPC is particularly relevant when a child is placed across state lines and requires protection and services. This could involve situations where a child is placed in a foster home, group home, residential treatment facility, or a child-caring institution in a different state. The ICPC ensures that the child placed out-of-state receives the same protections and services that they would have in their home state.
It is important to note that the ICPC does not apply to all types of placements. For example, it does not cover placements in medical or psychiatric hospitals, institutions for the mentally ill, boarding schools, or any institution primarily educational in nature. Additionally, the ICPC does not apply to visits, which are defined as stays of 30 days or less with a definite beginning and ending date.
The ICPC is a comprehensive framework that aims to safeguard the best interests of children involved in interstate placements. By providing uniform guidelines and procedures, the ICPC ensures that children placed across state lines receive the necessary protection and services, including in the context of foster care placements.
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The ICPC applies to placements with relatives when a parent or relative does not hold legal custody of the child(ren)
The Interstate Compact on the Placement of Children (ICPC) is a legally binding contract among member states approved by the U.S. Congress and the legislatures of all 50 states, the District of Columbia, and the U.S. Virgin Islands as uniform law. The ICPC ensures that the child placed out-of-state has the same protections and services provided in the home state. It establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child.
The ICPC does not apply to placements by a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or child's non-state agency guardian with any such relative or non-state agency guardian in the receiving state. It also does not apply to visits in another state, as long as the visit is 30 days or fewer and the purpose is to provide the child with a social or cultural experience.
In the case of In re J.D.M.-J., the North Carolina Court of Appeals held that the ICPC applied to a placement with out-of-state relatives, and that the trial court was not authorised to award custody until Arizona sent written notice to North Carolina that the proposed placement did not appear to be contrary to the children's interests. However, in the 2017 case of In the Interest of C.R.-A.A., a Texas court ruled that the ICPC does not apply to interstate placement of children with their natural parent.
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