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Policy Manual
INTERSTATE COMPACTS
Interstate Compact on the Placement of Children (ICPC)

47-3-2
General Provisions of the ICPC

Introduction

The Interstate Compact on the Placement of Children (ICPC) is a uniform law enacted by all 50 states, the District of Columbia and the U.S. Virgin Islands to ensure protection and services to children who are placed across state lines for foster care or adoption. 

Children placed out-of-state need to be assured of the same protections and services that would be provided if they had remained in their home states.  They must also be assured of a return to their original jurisdictions should placements prove not to be in their best interests or should the need for out of state services cease. 

This Compact establishes orderly procedures for the interstate placement of children and fixes responsibility for those involved in placing the child. 

For a Compact to be operative, the law and procedures must be uniform.  States may require additional information or procedures based on their individual state statutes, but cannot vary the procedures agreed to by the Compact members.

Policy

The Department shall adhere to the provisions of the Interstate Compact on the Placement of Children as codified in CONN. GEN. STAT. §§17a-175 through 182. 

In accordance with ARTICLE I, Compact members shall cooperate with each other in the interstate placement of children to ensure that: 

·         Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care in accordance with applicable licensing statutes and regulations. 

·         The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. 

·         The proper authorities of the state from which the placement is made may obtain the most complete information on the basis of which to evaluate a projected placement before it is made.

·         Appropriate jurisdictional arrangements for the care of children will be promoted.

 

Definitions

In accordance with ARTICLE II: 

A child is any person who is under the age of majority in his or her state of legal jurisdiction or who has not been legally emancipated by the laws of that jurisdiction. 

The Department is the Department of Children and Families. 

Party State and Compact State is a state which is party to the Compact. 

Placement is the arrangement for the care of a child in any living arrangement other than those described in the "Exemptions" section of this policy. 

Receiving State is the state to which a child is sent, brought or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or person(s). 

Sending Agency is any state agency, officer or employee; any court; any person, corporation, association, or other entity which sends, brings or causes to be sent or brought any child to another state. 

ICPC-100A is the nationally used form entitled "Interstate Compact Placement Request." 

ICPC-100B is the nationally used form entitled "Interstate Compact Report on Child's Placement Status." 

ICPC-101 is the nationally used form entitled "Sending State Priority Home Study Request." 

ICPC-102 is the nationally used form entitled "Receiving State’s Priority Home Study."

Applicable ICPC Placements

The placement of all children from Connecticut into another state, or into Connecticut from another state, must meet the requirements of this Compact and be referred through the DCF Interstate Compacts Office, except as noted below under “Exemptions From This Compact”. 

This Compact (ICPC) applies to the following types of placements: 

·        placements preliminary to possible adoption 

·        foster care placement where no adoption is contemplated 

·          placements with relatives or parents after removal by a court 

·          placements by parents in non-relative living arrangements or with relatives not exempted under this Compact 

·          placement in child-caring or treatment facilities and any type of out-of-state institutional placement not exempted under this Compact.

Exemptions From This Compact

In accordance with ARTICLE VIII, the following are exempted from this Compact (ICPC):  

·        those juveniles who have been adjudicated delinquent and are placed through the provisions of the Interstate Compact on Juveniles 

·         the sending from or bringing into Connecticut of a child by one of the relatives listed below and placing with one of the same:

-    parent

-    stepparent

-    grandparent

-    adult brother or sister

-    adult aunt or uncle

-    guardian (other than guardian appointed as preliminary to adoption proceedings or established for the purpose of avoiding these statutory requirements) 

·        any child who is placed pursuant to any other Interstate Compact or any agreement between states which has the force of law, such as the Uniform Child Custody Jurisdiction Act  

·        any child placed in a facility for the sole purpose of education (boarding school)

·        any child placed in a medical facility for the sole purpose of medical care 

·        any child placed in an institution for the mentally ill, mentally defective or epileptic 

·          any child who is in the custody of a legal parent as a result of a court order in a divorce proceeding.

Penalty for Illegal Placement

In accordance with ARTICLE IV, the sending or bringing of any child into any receiving state in violation of the terms of the Compact shall constitute a violation of the laws respecting the placement of children in both the sending and receiving states. 

Such violation shall be subject to the penalties provided by law in either jurisdiction. 

Any such violation shall constitute full and sufficient grounds for the 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.

Jurisdiction of Child

In accordance with ARTICLE V, the sending person, court or public or private agency shall retain 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 had remained in that state. 

This jurisdiction lasts until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the Deputy Compact Administrator in the party state where the child is placed. 

The sending person, court or public or private agency shall continue to have financial responsibility for support and maintenance of the child during the period of placement and shall be held responsible for the return of the child if such should be required by the receiving state. 

The receiving state, in many cases, will agree to provide courtesy supervision to children if this service is requested and considered appropriate.

Connecticut Department of Children and Families              Effective Date:   March 1, 2002 (Revised)