Transcript What is the Interstate Compact?

What is the Interstate Compact?

The Compact is a uniform law, adopted in
all 50 states, the District of Columbia and
the U.S. Virgin Islands, for the purpose of
establishing an orderly process for the
interstate placement of children.
Guide to the Interstate Compact on the Placement of Children,
American Public Human Services Association, 2000, at 2. See
http//icpc.aphsa.org (hereinafter referred to as Guide).
Sources of Law
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Statute: C.G.S.A § 17a0175 to 17a182
DCF Policy: Chapter 47
Resources for Interstate Compact
Issues
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Guide to the Interstate Compact on
Placement of Children, American
Public Human Services Association,
2002. See
http//icpc.aphsa.org/documents/asp
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Connecticut Coordinator for ICPC:
Sandra Matlack, Deputy Compact
Administrator, 860-550-6392
When does the ICPC apply?
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Any time a state “sends, brings, or
causes to be sent or brought into any
other party state any child for
placement in foster care or as a
preliminary to possible adoption.”
C.G.S.A §17a-186, Article III(a).
What constitutes foster care?
Foster care is “care of a child on a 24-hour basis away from the
home of the child’s parent(s).” Guide, at 2.
This includes care by:
 A relative of the child;
 A non-related individual;
 A group home;
 A residential facility;
 Any other entity; or
 Care by a parent if the care is by reason of a court-ordered
placement and not by virtue of the parent-child relationship.
Guide, at 2.
When does the Compact NOT
apply?
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Transfer of custody to non-custodial parent
(where Court has no evidence that the
parent is unfit, doesn’t seek such evidence,
and doesn’t retain jurisdiction). Guide, at
15.
“placement in any institution caring for the
mentally ill, mentally defective or epileptic
or any institution primarily educational in
character, and any hospital or other medical
facility” C.G.S.A. § 17a-175, Article II; or
When does the Compact NOT
apply?
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The sending or bring of a child into a receiving state by the
child’s parent, stepparent, grandparent, adult brother
or sister, adult uncle or aunt, or the child’s guardian
and leaving the child with any such relative or non-agency
guardian in the receiving state provided that the person
who brings, sends, or causes a child to be sent or brought to
the receiving state is a person whose full legal right to plan
for the child (1) has been established by law at a time prior
to initiation of the placement arrangement, and (2) has not
been voluntarily terminated, or diminished or severed
by the action or order of any court. Guide, at 15-16
(emphasis added).
Timeline for Requests
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The recommended processing time is 6
weeks (30 business days) from the date the
receiving state compact office receives the
request. Guide, at 5.
If an expedited placement is needed,
priority placement orders may be made, but
only under limited circumstances.
Priority Placement Orders
Court must enter express finding that either:
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the proposed placement recipient is a relative belonging to
the class that would otherwise be exempt from ICPC under
Article VIII(a) AND
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the
the
the
the
child is under 2 years old;
child is in an emergency shelter; or
child has spent a substantial amount of time in the home of
proposed placement recipient; OR
the receiving state has had a properly completed interstate
compact request for more than 30 business days but the
sending state has not received a determination from the
receiving state.
Guide, at 20.
Effect of Compliance with the
ICPC
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“Sending agency retains jurisdiction over the child sufficient to
determine all matters in relation to the custody, supervision,
care, treatment and disposition of the child which it would
have had if the child remained in the sending agency’s state .
. . “Sending agency continues to have financial responsibility
for the child.
The sending state can enter into an agreement with agencies
in the receiving state to provide services to the child.
Jurisdiction continues until the child is adopted, reaches
majority, or becomes self-supporting or is discharged with the
concurrence of the receiving state.
CGSA § 17a-175, Article V.
What happens if the Compact
is violated?
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Violators are subject to punishment or penalty in
either jurisdiction in accordance with state laws;
and
Violation constitutes grounds for suspension or
revocation of any license, permit, or other legal
authorization held by the sending agency which
empowers or allows it to place, or care, for
children.
CGSA § 17a-175, Article IV
What happens if the Compact
is violated?
In addition, the receiving state may:
 Return the child to the sending state;
 Refuse to proceed with adoption;
 Place the child in emergency shelter or foster care
in the receiving state; or
 Allow the child to remain in the home until
compliance is achieved.
The Interstate Compact on the Placement of Children:
A Manual and Instructional Guide for Juvenile and
Family Court Judges, at 89.