Anytime legal custody of a child is transferred across state lines, the Interstate Compact on the Placement of Children (ICPC) is invoked.  The ICPC is uniform law that has been enacted by all fifty (50) states, including both Kansas and Missouri.

Your attorney needs to know how to push your adoption or placement through the convoluted process of the Interstate Compact for the Placement of Children.  Otherwise, you could face unnecessary delay.  In some cases, you might even lose your opportunity to adopt or place the child in your home.

If a child is placed out of state the ICPC insures the same protections and services that would be provided if they remained in their home state.  In addition if the out of state placement fails the ICPC insures the return of the child to his/her original jurisdiction.

What situations are covered by the ICPC?

The ICPC encompasses for (4) types of situations where a child may be sent to another state for:

·        Placement preliminary to adoption;

·        Placements into foster care;

·        Placements with parents and relatives when a parent or relative is not making the placement (for example the court or the agency is placing the child); and

·        Placements of adjudicated delinquents in institution in other states.

No agency shall “send, bring or cause to be sent or brought into any other party state any child for placement in foster care or preliminary to a possible adoption” unless the sending agency complies with the requirements of the ICPC. 

Who qualifies as an “agency?”

·        A state party to the compact, or any officer or employee of that state;

·        A subdivision, such as a county or a city, or any officer or employee, of the subdivision;

·        A court of a party state; and

·        Any person (including parents or relatives in some instances), corporation, association or charitable agency of a party state.

What placements are not subject to the ICPC?

·        Placements made in medical and mental health facilities or in boarding schools, or “any institution primarily education in character;” and

·        Placement of a child made directly by a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian to a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian.

Let’s suppose, for example, that you want to move a child from foster care in Kansas to an adoptive placement in Missouri.  The sending agency in Kansas (SRS, a private individual, the court) is required to submit a written notice of the proposed placement to the Compact Administrator in his or her state (in this example, Kansas).  The Compact Administrator in Kansas then forwards notice to the Compact Administrator in the state of the prospective placement, Missouri. 

Upon receiving notice of the proposed placement, the Compact Administrator in Missouri will forward the documents to a local public or private child welfare agency or residential facility which is being asked to accept the child.  The request is then processed depending upon the nature of the proposed placement.  Things required to process the request may include a home study of prospective placement, back ground checks, reference letters, etc. 

After the local agency in Missouri has completed all necessary tasks they will prepare a report which will include a recommendation on whether or not the placement should be made.  This report is sent to the Compact Administrator in Missouri.  The Compact Administrator in Missouri then determines whether or not the placement is approved.  The Compact Administrator in Missouri then notifies the Compact Administrator in Kansas who will then inform the applicable agency.

Does a visit constitute placement?

·        A visit is distinguished from a placement on the basis of purpose duration, and intention of the person or agency with responsibility for planning for the child as to the child’s place of adobe.

·        If a child’s stay is intended to be for no longer than thirty (30) days and if the purpose is for to provide the child with a social or cultural experience of short duration, such as a stay in a camp or with a friend or relative who has not assumed legal responsibility for providing child care services.

The recommended time needed to process ICPC requests is six weeks to 30 working days.  Unfortunately, as a result of the many channels a request for ICPC approval must pass, obtaining ICPC approval often takes three to six months.   

How can the ICPC process be expedited?

• The court can order a Regulation 7 ICPC when the proposed placement is with a relative, the child is under two (2) years of age; the child is in an emergency shelter; or the court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient.  A Regulation 7 ICPC should take no more then thirty days, in reality this process also usually delayed.

• In the event of a planned adoption, steps to initiate the home study process can be made prior to the need to initiate the ICPC process which can also expedite the process (for example completing the required home study, etc. prior to the birth of a newborn to be adopted).

To reach the author, please call Trina Nudson at (913) 438-4636

or send e-mail to Trina@yourchild1st.com.

To learn more about adoption and guardianship, click here.

 Visit our home page at www.yourchild1st.com .

This information is only for general educational purposes, and not for legal advice. Laws change, and their application may vary significantly depending on your circumstances. If you need legal advice, you must consult a licensed attorney.  The choice of a lawyer is an important decision and should not be based solely upon advertisements.

© 2006 Scott Wasserman & Associates, LLC