The following sections will cover the situations where a case must abide by the ICPC.
Who has to use the ICPC?
The ICPC requires sending agencies to follow the compact guidelines when sending, bringing, or causing a child to be sent or brought to another state. Sending agencies include all of the following:
A state which is a party to the compact and any officer or employee of that state.
A court within that state.
A county or city government or employee of a county or city within that state.
Any person, company, association, or charitable agency in that state.
It is important to note that the sending agency is not required to have physical custody of the child for their placement to be considered an ICPC situation. An example could be a delinquent child who is being sent out-of-state by a court for incarceration or therapy. The parental rights were not severed so the court does not have custody of the child, but the child is being sent out-of-state under the court's authority. This situation would require that the ICPC be followed.
What types of cases are required to be addressed under the ICPC?
Below is a list containing the types of cases that fall under the Compact's requirements. All cases refer to placing the child in another state.
- Foster care that will last longer than 30 days.
- Kinship care when the placing court has jurisdiction over the child.
- Birth parent unification / reunification when the court has jurisdiction over the child.
- Placement in a residential treatment facility by a parent, agency, or court.*
- Preliminary placement prior to adoption by a public or private agency, attorney, parent, or intermediary.*
- International adoption when:
- A child is adopted abroad and the Immigration and Naturalization Service has issued an IR-4 visa for the child.
- A child is adopted abroad by proxy.
- A child is adopted within the United States.
*NOTE: The ICPC is to be followed even in cases where private placements are being pursued.
What types of cases are not required to follow the ICPC?
Interstate placement of children does not always require the sending agencies to follow ICPC. Circumstances that are not subject to compliance with the ICPC include:
>> Continue to Page 3 >>
- Placements between relatives when there is no court jurisdiction over the child.
- A child admitted to any hospital, medical facility, or school.
- Home studies during divorce or custody investigations.
- Tribal placements on reservations unless an ICPC is requested.
- Placement of a child into or out of Canada, Guam, or American Samoa.
- For visits, defined as:
- The purpose is to provide the child with a social or cultural experience.
- The duration of the stay will not exceed 30 days, unless it corresponds with a child's school vacation schedule.
- A specific return date is arranged prior to the visit beginning.
- International adoption when the INS has issued an IR-3 visa for the child.
- Requests received through International Social Services for social services or a home study.