Interstate Compact on the Placement of Children | General Information

Office of Health Law & Policy - Interstate Compact on the Placement of Children

Types of placements covered by ICPC:

  • Placement preliminary to adoption
  • Placements into foster homes, group homes, residential treatment facilities, and institutions
  • Placements with parents or relatives when a parent or relative is not making the placement
  • Placements of adjudicated delinquents in institutions in other states

Not all placements of children into other party states are subject to compliance with the compact. Compact compliance is not required for placements made in medical or psychiatric hospitals, institutions for the mentally ill or in boarding schools, or any institution primarily educational in nature. 

ICPC must be used by:

  • A state party to the compact, or any officer or employee of a party state
  • A subdivision of the party state, such as a county or city, or any officer or employee of the subdivision
  • A court of a party state
  • Any person (including parents and relatives in some instances), corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state

Type of Placements Exempt From ICPC:

The compact does not apply when placement is sought under any of the following circumstances:

  • Interstate placement from birth parent to birth parent when there is no court jurisdiction.
  • Interstate placement from birth parent to relative when there is no court jurisdiction.
  • Interstate placement from legal guardian to birth parent or relative when there is no court jurisdiction.
  • Interstate placement to a medical or psychiatric hospital.
  • Interstate placement to an educational program (boarding school, Job Corp, college, etc.).
  • Interstate placement of adjudicated delinquents unless placement is sought for residential treatment (see above).
  • Divorce/custody assessments.
  • International adoptions when the United States Citizenship and Immigration Services (USCIS) has issued an IR-3 visa (adopted in the child’s country of origin).
  • Placement of a child into/or out of Canada, Puerto Rico, Guam/American Samoa or any other foreign country.
  • Children under court jurisdiction visiting a relative/parent for 30 days or less.