What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children (“ICPC”) is an agreement between states as to how an adoption of a child from one state into the adoptive family of another state will be regulated. Each state will have a state agency with the duty of assuring compliance with the Interstate Compact on the Placement of Children.
The goal is to assure a safe and appropriate placement of a child with a family that is not within the state of residency of the child, and to provide for financial responsibility and planning for the child until the adoption is finalized.
Before an adoptive family may leave the state of residency of the child and return to the adoptive family’s home state, they must have the approval of the ICPC administrators of both the child’s state of residency and the adoptive family’s state of residency. This will involve filing of certain documents with the Interstate Compact on the Placement of Children department of both states.
The basic documents required will be:
- ICPC application (often called the “100A form”)
- home study of the adoptive family including criminal, FBI and child abuse clearance
- medical and social background history of the birth parents
- consent to adoption documents signed by the birth parents
- affidavits as to Native American Ancestry per the Indian Child Welfare Act
- hospital or medical records of the child and birthmother (if applicable)
Depending on the facts of the case and the states involved, there may be other documents required as well.
Your adoption attorney will determine the documents needed and should make prompt application for ICPC approval: The approval process may take anywhere from a couple of days to a couple of weeks, depending on the states involved.
Adoptive parents should discuss the expectations with their adoption attorney in advance so that they may plan appropriately as they will need to remain in the child’s state of residency with the child pending receiving the approval of the ICPC administrators.