The purpose of the ICPC is to ensure that the party states cooperate with one another in the placement of children. This helps to ensure that every child who needs an adoption placement shall receive the maximum opportunity to be placed in the best possible environment with people or institutions having appropriate qualifications and care (such as medical or mental health care) to provide the needed care a particular child requires. It further allows a child to be placed in an appropriate placement, particularly kinship (family member) placements outside of the child’s state of residence or birth, with the state where the child is going to be placed, being involved in conducting the necessary/appropriate steps. The state where the child will be placed is better able/with a full opportunity to determine the circumstances of the proposed placement, allowing for the safety and protection of the child. That state is also most capable of determining the most complete information to evaluate a potential placement. Finally, the ICPC allows the appropriate jurisdictional arrangements for the best care of the children to be promoted.
What are Conditions for Placement through the Interstate Compact for the Placement of Children (ICPC)?
A state or sending agency should not allow a child to be brought into another state for the purpose of a foster care placement or placement with the intention of an adoption unless the sending agency/state complies with the requirements under the ICPC. Further, the sending state/agency is required to provide the following written notice through the ICPC channels regarding the necessary information:
- The name, date and place of birth of the child;
- The identity and address or addresses of the parents or legal guardian;
- The name and address of the person, agency or institution to whom or to which the sending agency proposes to send, bring or place the child;
- A full statement of the reasons for such proposed action and the evidence of authority for which the placement is made.
Upon receipt of the above-referenced information, the receiving state may request additional information from the sending state as it deems necessary.
The child may not be sent, brought or caused to be sent or brought into the receiving state until the appropriate authorities in the receiving state notify the sending agency, in writing, that the proposed placement does not appear to be contrary to the best interests of the children.
Who Retains Jurisdiction in ICPC Circumstances?
The sending agency retains jurisdiction to determine all matters for that child’s custody, supervision, care, treatment and the disposition of the child, as though the child had remained in the sending agency’s state until the child is adopted, reaches majority, becomes self-supporting or dis discharged with the approval of the appropriate authority in the receiving state. This jurisdiction gives the sending state the power to require the return of the child to its state or the transfer of the child to another state. The sending agency continues to have financial responsibility for support and maintenance of the child during placement.
What are the limitations on ICPC?
The sending or bringing of a child into the receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state prevents the requirement for the ICPC procedures.
Is This Applicable in Both, Kansas and Missouri?
Yes. Under KSA 38-1202 in Kansas and in 210.620 RSMO in Missouri.
If you have an adoption involving transfer of the child from one state to another state, make sure you involve competent, knowledgeable legal counsel prepared to address the complexities of the ICPC and other unique facets of your situation. Call Pingel Family Law at (816) 208-8130 today for a consultation about your adoption situation. Allow us to help you complete your family!