In order for a child to be legally placed from one state to another, an Interstate Compact on the Placement of Children, or ICPC, MUST be completed. Trying to by-pass this requirement will lead to whatever punishment the jurisdiction has in place. This could mean removal of the child from your home, loss of your foster care license, or the ability to adopt in the future.
The compact allows the sending state (the state in which the child currently resides) to receive home studies, and all documents that the receiving state (the state the child may be moved to) has, such as background checks, employment checks, etc.
The receiving state is also allowed access to the child’s file, to ensure that this placement complies with the regulations of the receiving state, and is in the best of the child and the family.
Each state has a Compact Administrator. The Administrator is located in a central office, usually in a department of family services office, or that state’s equivalent. This is the person in charge of handling all paperwork for the ICPC.
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So, how does it all work?
If you have found a child in a photo listing from another state, contact your adoption worker. They will then contact the worker for the child you are inquiring about. If the child is still available for adoption, and preliminary discussion indicates that you will be considered for the child, the sending state must notify the receiving state that they are exploring an interstate placement.
The receiving state (the state you live in) will require several documents. A completed ICPC-100A, a copy of the court order showing that the sending agency has the authority to place the child, a “social history” or case history of the child, a copy of your foster home license, if your state requires you to be a licensed foster home, an explanation of the child’s Title IV-E status, and a case plan or permanency plan. The Compact Administrator in the receiving state will also ask for your home study.
Once all the paperwork has been received, a recommendation is made as the whether or not the placement would be appropriate for everyone involved. The Compact Administrator then checks to make sure all the laws have been followed. If the recommendation is positive, and the laws are followed, then the placement will be approved.
If the recommendation is that the placement would not be favorable, or the Compact Administrator finds a problem, the placement will be denied. However, there is still a chance of changing that decision. If it is a legal issue, and the issue is corrected, the placement could still be approved. If the placement is denied, be sure to get detailed information as to the reason why.
Whether the placement is approved or denied, the Compact Administrator must send copies to the sending agency.
How long does all this take? The
recommended time from the time the receiving state receives notice of placement until the date it is accepted or denied is 6 weeks. There are cases where this can be processed more quickly. It can take longer if the paperwork, or your home study, is not complete.
A full description of the contract, all articles, regulations, and definitions can be found on the
Interstate Compact website.
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