Interstate Compact Processing Information
What types of placements does the Compact cover?
The Compact applies to four types of situation when children may be sent to other states as brought forth in Article II and further defines in Regulation No. 3:
1. Adoptions: Placement preliminary to an adoption (independent, private or public adoptions)
2. Licensed foster homes (placement with related or unrelated licensed caregivers.)
3. Placements with parents and relatives when a parent or relative is not making the placement as defined in Article VIII (a) "Limitations"
4. Group homes/residential placement of all children, including adjudicated delinquents in institutions in other states as defined in Article VI and Regulation No. 4.
Further, the Compact will apply:
- If you live in any of the 50 Unites States, the U.S. Virgin Islands or the District of Columbia and
- If you are sending the child to live with someone other than a relative or non-agency guardian named in Article VIII (a) of the Compact; or
- If you are sending, bringing, or causing the child to be brought or sent into a party state, whether or not you have custody of the child, and without regard to the present location of the child (the child could even be in a foreign country) or,
- If you are placing the child with someone or some agency other than a medical facility, a boarding school, or a mental health of mental retardation facility.
- If the circumstances of the proposed placement fit into those described above, you should contact your state’s Compact office for further information.
Processing referrals for Interstate Placements:
When an interstate placement is being considered, the Compact requires that the Prospective Sending Agency submit a referral to the Sending State Compact Administrator for re view. For documents needed in a referral, please see the Referral Checklist. Please note that additional documents may be requested by the Sending State Compact Administrator or the Receiving State.
The referral as articulated within the Regulations will be forwarded to the Receiving States Compact Administrator by the Sending States Compact Administrator for:
- Conversion of Intrastate Placement into Interstate Placements; Relocation of Family Units – Regulation No. 1.
- Placements for Public Adoption or Foster Care in Family Settings and/or with Parents, relatives – Regulation No. 2
- Residential Placement – Regulation No. 4
- Expedited Placement Decision – Regulation No. 7
- Private/Independent Adoptions – Regulation No. 12
Upon receiving the referral, the Receiving State Compact Administrator will forward the referral to an appropriate party in the receiving state for further action. The “Appropriate party” will usually be a local public or private child welfare agency or the residential facility which is being asked to accept the child.
After the local agency has completed the necessary work, it prepares a report which includes a recommendation on whether or not the placement should be made. This information is returned to the Compact Administrator in the Receiving State for review. If the local agency’s recommendation is favorable and the Compact Administrator determines that all requirements of the receiving state’s laws have been met, the placement will be approved. If, however, the local agency recommends against the placement or the Compact Administrator determines that the placement cannot lawfully be completed, the placement will be denied. In either case, the Compact Administrator in the receiving state forwards copies of the report, if applicable, and the signed 100A form denoting the placement decision to the sending State’s Compact Administrator.
Recommended time needed to process requests
As articulated in Regulation No. 2, an interstate home study report is required to be completed within sixty (60) calendar days after receiving a home study request. This report may, or may not, include a re commendation for placement.
Final approval or denial of the placement resource shall be provided by the receiving state Compact Administrator in the form of a signed ICPC-100A form, as soon as practical but no later than one hundred and eighty (180) calendar days from receipt of the initial request.
Regulation No. 7, Expedited Placement Decision was enacted with the aim of achieving parity of treatment in fact for interstate and intrastate cases. It is also the objective to assure priority handling for hardship cases and for cases which have already suffered delay. (See Regulation No. 7)
Regulation No. 7 may be used to expedite and ensure priority handling of placement requests within 20 business days from the date the receiving state receives the initial request. The identified resource and the child(ren) must meet the criteria as articulated within the Regulation No 7 and approved by the courts to be considered an expedited request.