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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.

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What is the Interstate Compact?

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  1. 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).

  2. Sources of Law • Statute: C.G.S.A § 17a0175 to 17a-182 • DCF Policy: Chapter 47

  3. Resources for Interstate Compact Issues • Guide to the Interstate Compact on Placement of Children, American Public Human Services Association, 2002. See http//icpc.aphsa.org/documents/asp • Connecticut Coordinator for ICPC: Sandra Matlack, Deputy Compact Administrator, 860-550-6392

  4. When does the ICPC apply? • 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).

  5. 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.

  6. When does the Compact NOT apply? • 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

  7. When does the Compact NOT apply? • 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).

  8. Timeline for Requests • 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.

  9. Priority Placement Orders Court must enter express finding that either: • the proposed placement recipient is a relative belonging to the class that would otherwise be exempt from ICPC under Article VIII(a) AND • the child is under 2 years old; • the child is in an emergency shelter; or • the child has spent a substantial amount of time in the home of the 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.

  10. Effect of Compliance with the ICPC • “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.

  11. What happens if the Compact is violated? • 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

  12. 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.

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