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Types of Placements Covered:

Articles II (d), III and VI of the ICPC identify the four types of placements of children which are subject to compliance:  

a)

Placement preliminary to an adoption.

b)

Placements into foster care, including foster homes, group homes, residential treatment facilities, and institutions.

c)

Placements with parents and relatives when a parent or relative is not making the placement.

d)

Placements of adjudicated delinquents in institutions in other states.

Not all placements of children into other states are subject to compliance with the Compact.    Compact Compliance is not required for placements made into a medical hospital, psychiatric hospital or institution for the mentally retarded or mentally ill or in boarding schools, or "any institution primarily educational in character."

Who Must Use the Compact?

Article II (b) of the ICPC defines who must use the Compact when they "send, bring, or cause a child to be brought or sent" to another party state. These agencies, courts, persons, and other entities called " the sending agent or sending agency” is defined as:

a)

A state party to the Compact, or any officer or employee of a party state.

b)

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

c)

A court of a party state.

d)

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

Exceptions/Limitations to Compact Compliance:

a)

Placements: Compact Compliance is not required for placements made into a medical hospital, psychiatric hospital or Institutions for the mentally retarded or mentally ill or boarding schools, or "any institution primarily educational in character."

b)

Sending Agents:  Article VIII (a) excludes from ICPC compliance the sending or bringing of a child by a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's non-agency guardian who has responsibility for the child, and leaving the child with a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt or the child’s non-agency guardian in the receiving state.  The wording of the provision is specific in that exclusion from ICPC occurs only when both the sending agent and the placement recipient belong to the enumerated classes of individuals (i.e.,  a placement of a child made by a parent whose rights to plan for the child has not been diminished by a court action or through a custodial action and the placement is  with an "adult uncle or aunt" of the child in another State is exempt from compliance with the ICPC,).

c)

Divorce or Custodial Change: Placements of children across state lines which result from the exclusive jurisdiction of a divorce court, or probate court or as a result of paternity proceedings are not subject to compliance with the ICPC. Specific examples include requests for a study or supervision of a parent in another state related to a  change in custody between divorced parents, whether agreed upon or adversarial or a change in visitation schedule or supervision

The Interstate Compact on the Placement of Children Procedures Manual

Revised: January, 2012                                                                                                                           Page 2

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