Question

How is the relative placement handled with the Interstate Compact Placement of children?

Answer 1

The Interstate Compact on the Placement of Children (ICPC) is the only statutory mechanism juvenile and family court judges and human services agencies have to ensure protection and services to children who are placed across state lines for foster care 2 or adoption. The Compact is a law that has been enacted verbatim by all 50 states, the District of Columbia, and the U.S. Virgin Islands.3 It establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing children. Generally, any time a juvenile or family court sends or causes a child to be sent to another state, the law requires that the court follow the provisions and procedures of the ICPC.4 Courts must use the ICPC in all instances where the ICPC provisions say that the Compact applies. This is not a choice between applying the Compact and applying some other provision of the state’s statute–it is a legal requirement. The ICPC covers children who courts have found to be neglected and abused and adjudicated delinquent children who are placed in private residential treatment facilities. According to the American Public Human Services Association (APHSA), the majority of children placed through the ICPC are placed with relatives. When children are placed out-of-state, they need to be assured of the same protections and services they would receive if they remained in their home state. If the placement fails to meet a child’s needs, or should the need for out of state placement cease, judges must be confident that a system exists to return the child to his or her original jurisdiction. The ICPC provides a statutory means to ensure that the jurisdictional, administrative, and human rights obligations of all parties involved in an interstate placement can be protected. The ICPC makes it illegal for one state to “dump” a child into another state without following Compact law. It prevents the unfair financial burden to states of having children with severe needs placed into their state without appropriate financial support. The Compact ensures that when a child is placed in another state:5 · the child is placed in a suitable environment; · the receiving state has the opportunity to assess the proposed placement; · the sending state obtains enough information to evaluate the placement; and · the care of the child is promoted through appropriate jurisdictional arrangements including appropriate financial support.