Legal Definitions - ICPC

ICPC stands for the INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN.

The ICPC is a legally binding agreement among all 50 U.S. states, the District of Columbia, and the U.S. Virgin Islands. Its primary purpose is to establish uniform procedures and safeguards for the placement of children across state lines. This includes placements for adoption, foster care, residential treatment, or any other long-term care arrangement where a child from one state is sent to live in another state. The ICPC ensures that children receive the same protections and services they would in their home state, and that the receiving state has the opportunity to evaluate the proposed placement before the child moves, prioritizing the child's safety and well-being.

Here are a few examples of how the ICPC applies:

• Interstate Adoption: Imagine a couple living in Colorado wishes to adopt an infant whose birth mother resides in Texas. Before the baby can legally travel from Texas to Colorado to live with the prospective adoptive parents, the ICPC process must be completed. This involves the Texas child welfare authorities (the sending state) reviewing the Colorado home study report and other documentation provided by the Colorado adoption agency (the receiving state). Both states must approve the placement under ICPC guidelines to ensure the child's safety and the legality of the adoption across state lines.

  This example illustrates how ICPC provides a structured legal framework for ensuring that a child being adopted across state lines is placed in a safe and suitable home, with both the sending and receiving states having oversight before the physical move occurs.

• Foster Care Placement with Relatives: Consider a situation where a child in state custody in Oregon needs foster care. The child's only available relatives who can provide care live in Washington State. Before the child can be moved from Oregon to live with the relatives in Washington, the Oregon child welfare agency must initiate the ICPC process. Washington State's child welfare agency will then conduct a thorough home study of the relatives' home, perform background checks, and ensure the home meets Washington's foster care licensing standards. Only after Washington approves the placement and communicates that approval back to Oregon can the child legally move.

  This example demonstrates ICPC's role in facilitating safe and appropriate foster care placements across state borders, ensuring that even when a child is placed with family, the receiving state's safety standards are met and evaluated.

• Residential Treatment for Youth: A teenager in Massachusetts with severe behavioral challenges requires specialized long-term residential treatment that is only available at a specific facility in Connecticut. The Massachusetts Department of Children and Families, or the court overseeing the child's care, must utilize the ICPC. Connecticut authorities will review the proposed placement, including the facility's licensing, program details, and suitability for the specific child, to ensure it meets Connecticut's standards for residential care. The child cannot be transferred to the Connecticut facility until both states have approved the placement through the ICPC process.

  This example highlights that ICPC applies not just to traditional foster care or adoption, but also to other forms of long-term care, such as specialized residential treatment, ensuring that children receive appropriate and safe care when placed across state lines.