Most laws abut adoption are state laws. Arkansas adoptions are different from Oregon adoptions, and every state has its own rules and regulations. There are a few federal laws on adoption, though. One is the ICPC, the Interstate Compact on the Placement of Children. What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children (ICPC) is a legal agreement among all the U.S. states and territories, as well as the District of Columbia. It provides a framework for the safe and efficient placement of children across state lines. The primary goal of the ICPC is to make sure children are placed in homes where they can thrive.
History of the ICPC
The ICPC was originally formulated in 1960, and was finalized in 1990. All 50 states ratified the compact in 2001. The compact was intended to ensure that children placed across state lines were protected and that their rights were upheld.
A child born in one state can be placed with adoptive parents in another state. Before the ICPC, the child’s birth state had no say in the services offered to the child in the state where he or she was placed. The placement decision was made on the basis of the birth state’s laws and expectations, but the state where the child ended up might have completely different laws. There were some specific cases in which a child in need of special services was placed in a state where these services were not offered.
Key Provisions of the ICPC
The ICPC contains a number of key provisions that govern the placement of children across state lines:
- Central Registry: Each state maintains a central registry of children who have been placed in the state under the ICPC. This registry is used to track the placement of children and to ensure that they are receiving appropriate care.
- Placement Approval: Before a child can be placed in another state, the sending state must obtain the approval of the receiving state. This approval process helps to ensure that the child will be welcomed and supported in the new state. The process includes the usual home study requirements and may involve requests for additional information before approval.
- Supervision: The ICPC requires that children placed across state lines be supervised by a responsible adult. This supervision can be provided by a family member, foster parent, or other caregiver.
- Review: The ICPC provides for periodic reviews of children’s placements to ensure that they are still appropriate and that the children are receiving the necessary services.
- Enforcement: If a state fails to comply with the ICPC, the other states can take steps to enforce the compact. This may include withholding federal funds or other sanctions.
Benefits
The ICPC helps to ensure that children placed across state lines are safe and protected. In some cases, the ICPC streamlines the placement process, making it easier for children to find new homes. However, there may also be delays as additional questions can come up during the reviews by the two states involved.
The ICPC provides a consistent legal framework for the placement of children across state lines and holds states accountable for the care of children placed within their borders. There is a new version of there compact, with updated language, which is waiting for ratification. 13 states have already to agreed to the new wording, but at least 35 must agree before the new law will come into force.
The Interstate Compact on the Placement of Children is a vital piece of legislation that helps to protect the rights of children and ensure that they are placed in safe and loving homes. While the ICPC faces some challenges, it remains an essential tool for the safe and efficient placement of children across state lines.