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Penalties for Illegal ICPC Placements:

Article IV of the ICPC identifies violations of the terms of the compact under Article III and V of the ICPC and the penalty provisions, which may be sought. Interstate placements made in violation of the law constitute a violation of the "laws respecting the placement of children of both the state in which the sending agency is located or, from which it sends or brings the child and of the receiving state" (Article IV).  Violators are subject to punishment or penalties in both jurisdictions in accordance with their laws.  In addition to liability for any such punishment or penalty, any violation shall constitute full and sufficient grounds for suspension or revocation of any license, permit or other legal authorization held by the sending agent which empowers or allows a child to be placed.  TCA sec. 37-5-405 cites violation of child placement laws constitutes a class “A” misdemeanor that carries a fine up to $200 and/or imprisonment to 6 months.

Safe and Timely Interstate Placement of Children in Foster Care Act of 2006:

Delays in the placement of children across state lines which occur due to inconsistent and non-uniform child welfare practices in placing dependent children through the ICPC continued to be of concern among national stakeholders including the National Council of Juvenile and Family Court Judges, the National Association of Public Child Welfare Administrators and the Association of Administrators of the Interstate Compact on the Placement of Children.  ICPC Regulation #7 Priority Placement was originally adopted in 1996 and further amended in 1999, 2001 and 2011 to emphasize the joint support between the courts and public child welfare agencies to expedite interstate placements.  These efforts to expedite placements under the ICPC Regulation #7 continue to impact a limited but specific population of children and resources.

The Safe and Timely Interstate Placement of Children in Foster Care Act of 2006” P.L. 109-239 was signed into law on July 3, 2006 with primary purpose to improve protections for children in the jurisdiction of a State and assigned to the custody/guardianship of the public child- welfare agency and to hold States accountable for safe and timely placements of  those children across State lines.  

The impact of the provisions in P.L. 109-239 is directly noted in the policy and practice provisions of public welfare agencies in the following areas:

a)

Interfacing the provisions of P.L.109-239 for inter state placement of children in the foster care system with the provisions of the Interstate Compact on the Placement of Children (TCA 37-4-201-207);

b)

Integrating current federal and state child welfare provisions including the Adoption and Safe Families Act, the Safe and Timely Interstate Placement of Children in Foster Care Act of 2006 ( P.L. 109-239), the Adam Walsh Child Protection and Safety Act of 2006 (P.L. 109-248), Health Care Act of 2006 ( P.L. 109-432), Child and Family Services Improvement Act of 2006 ( P.L. 109-288); and Fostering Connections to Success and Increasing Adoption Act of 2008 (P.L. 110-351)  

c)

Incorporating federal and state requirements regarding inter-jurisdictional placements into comprehensive policy and practice manuals in each State in the nation.

The Interstate Compact on the Placement of Children Procedures Manual

Revised: January, 2012                                                                                                                           Page 4

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