Interstate Compact on the
Placement of Children
(ICPC)

Expedited Order / Priority Placement - Regulation 7

Priority Placement procedures are now applicable if the proposed placement is with a parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt and:

1. the child is under two; or

2. the child is in an emergency shelter; or

3. the court finds the child has spent a substantial amount of time in the home of the proposed placement.

Or

Priority Placement may be invoked where

the receiving state Compact Administrator has a properly completed ICPC-100A and the necessary supporting documentation for over thirty (30) business days but has not provided notice as to whether the placement will be approved or denied. ICPC, Regulation 7.1(b).

• Regulation 7 establishes a strict time table for the completion of each step in the process of placing a child in a facility or foster care family across state lines.

• If a juvenile court judge determines that the circumstances warrant a priority placement, he/she should within two (2) business days notify the sending agency (the local county DFCS office).

• The county department has three (3) business days to transmit the order along with a completed ICPC-100A and the, supporting documentation to the Georgia Compact Administrator.

• Within two (2) business days the Compact Administrator should send the priority placement request and supporting documentation to the receiving state's Compact Administrator by overnight mail.

• The receiving state's child welfare department has twenty (20) business days from this date to send to Compact Administrator for that state the evaluation of the proposed placement.

• The Compact Administrator in the receiving state will return the necessary documentation with a notice of approval or denial to the sending state's Compact Administrator by fax.

• The Georgia Compact Administrator will then notify DFCS and the juvenile court judge of the decision of the receiving state. Regulation 7, ICPC. The priority placement request and home study requires additional forms.

Priority Placement Order copy attached

Out of State Placement & CASA -- CASA may help facilitate stable placements for children outside of Georgia. Because CASA is a national organization with branches throughout the United States, you may be able to call upon the CASA program director in the area where the child in question has been placed, to conduct a courtesy evaluation and interview, and/or serve as a liaison between the law guardian/CASA and the child protective services worker in the state serving the child.

Practice Points

• ICPC takes forever, frequent checking on the paperwork is necessary, CASA can be extremely helpful

• Whenever a child is being placed out of state, request an in Court Review PRIOR to the child's removal from Georgia to address any visitation issues and for the Court to receive a copy of the ICPC home evaluation

IN THE JUVENILE COURT OF COUNTY

STATE OF GEORGIA

FILE NO.

In the Interest of:

, SEX: AGE: DOB:

A child under 18 years of age.

ORDER

This matter is properly before the court pursuant to Deprivation Petition, and after hearing evidence this court hereby finds:

The Department is proposing to place the child with, , who is the child's grandmother; and (check where appropriate):

The child is under two years old;

The child is presently in the emergency shelter for DeKalb County, State of Georgia; or

The child has spent a substantial amount of time in the home of the proposed placement resource; or

The receiving state's ICPC office has had a properly completed Form ICPC 100A and the supporting documentation for over thirty (30) business days, but the sending agency has yet to receive notice as to whether the child may or may not be placed.

The Court requests a priority placement home evaluation of:

SO ORDERED this ______ day of ____________________, 20__.

_______________________________

Judge

INTERSTATE PROCEEDINGS

15-11-87. Disposition of nonresident child.

If the court finds that a child who has been adjudged to have committed a delinquent act or to be unruly or deprived is or is about to become a resident of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-88, the court may defer the hearing on the need for treatment or rehabilitation and disposition and may request by any appropriate means the juvenile court of the child's residence or prospective residence to accept jurisdiction of the child.

If the child becomes a resident of another state while on probation or under protective supervision under order of a court of this state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the child and to continue his or her probation or protective supervision.

Upon receipt and filing of an acceptance, the court of this state shall transfer custody of the child to the accepting court and cause the child to be delivered to the person designated by that court to receive custody of the child. It also shall provide that court with certified copies of the order adjudging the child to be a delinquent, unruly, or deprived child, of the order of transfer, and, if the child is on probation or under protective supervision under order of the court, of the order of disposition. It also shall provide that court with a statement of the facts found by the court of this state and any recommendations and other information it considers of assistance to the accepting court in making a disposition of the case or in supervising the child on probation or otherwise.

Upon compliance with subsection (c) of this Code section the jurisdiction of the court of this state over the child is terminated.

15-11-89. Ordering out-of-state supervision; payment of cost thereof.

(a) Subject to the provisions of this article governing dispositions and to the extent that funds of the county are available, the court may place a child in the custody of a suitable person in another state. On obtaining the written consent of a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-90, the court of this state may order that the child be placed under the supervision of a probation officer or other appropriate official designated by the accepting court. One certified copy of the order shall be sent to the accepting court and another shall be filed with the clerk of the governing authority of the county of the requesting court of this state.

The reasonable cost of the supervision, including the expenses of necessary travel, shall be borne by the county of the requesting court of this state. Upon receiving a certified statement signed by the judge of the accepting court of the cost incurred by the supervision, the court of this state shall certify if it appears that the sum so stated was reasonably incurred and shall file it with the appropriate officials of the county for payment. The appropriate officials shall thereupon issue a warrant for the

sum stated payable to the appropriate officials of the county of the accepting court.

15-11-89.1. Powers of out-of-state probation officers.

If a child has been placed on probation or protective supervision by a juvenile court of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and the child is in this state with or without the permission of that court, the probation officer of that court or other person designated by that court to supervise or take custody of the child has all the powers and privileges in this state with respect to the child as are given by this article to like officers or persons of this state, including the rights of visitation, counseling, control, direction, taking into custody, and returning to that state.

15-11-90. Supervision under out-of-state order; payment of cost thereof; termination of supervision.

(a) Upon receiving a request from a court exercising jurisdiction over children of another state which has adopted the Uniform Juvenile Court Act or a substantially similar act which includes provisions corresponding to this Code section and Code Section 15-11-89 to provide supervision of a child under the jurisdiction of that court, a court of this state may issue its written acceptance to the requesting court and may designate its probation or other appropriate officer who is to provide supervision, stating the probable cost per day therefor.

(b) Upon the receipt and filing of a certified copy of the order of the requesting court placing the child under the supervision of the officer so designated, the officer shall arrange for the reception of the child from the requesting court, shall provide supervision pursuant to the order and this article, and shall report thereon from time to time to the requesting court, including in the report any recommendations which he or she may have.

(c) The court in this state from time to time shall certify to the requesting court the cost of supervision that has been incurred and shall request payment therefor from the appropriate officials of the county of the requesting court to the appropriate officials of the county of the accepting court.

(d) The court of this state at any time may terminate supervision by notifying the requesting court. In that case, or if the supervision is terminated by the requesting court, the probation officer supervising the child shall return the child to a representative of the requesting court authorized to receive the child.

Text of Interstate Compact on the Placement of Children

Article I.    Purpose and Policy

It is the purpose of the party state to cooperate with each other in the interstate placement of children to the end that: 
    (a) 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. 
    (b) 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. 
    (c) 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. 
    (d) Appropriate jurisdictional arrangements for the care of children will be promoted. 

Article II.     Definitions

As used in this compact: 
    (a) "Child" means a person, who by reason of minority, is legally subject to parental guardianship or similar control. 
    (b) "Sending agency" means a party state, officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state. 
    (c) "Receiving state" means 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 persons. 
    (d) "Placement" means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility. 

Article III.    Conditions for Placement

    (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. 
    (b) Prior to sending, bringing or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: 
        (1) The name, date and place of birth of the child. 
        (2) The identity and address or addresses of the parents or legal guardian. 
        (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. 
        (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. 
    (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending state, and shall be entitled to receive therefrom, such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact.
     (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. 

Article IV.

Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact, shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, 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. 

Article V.     Retention of Jurisdiction

(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, and disposition of the child which it would have had if the child had remained in the sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. 
    (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency. 
    (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agents in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.

Article VI. Institutional Care of Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to his being sent to such other party jurisdiction for institutional care and the court finds that: 
    1. Equivalent facilities for the child are not available in the sending agency's jurisdiction; and 
    2. Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. 

Article VII. Compact Administrator

The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. 

Article VIII. Limitations

This compact shall not apply to: 
    (a) The sending or bringing of a child into a receiving state by his parent, stepparent, 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. 
    (b) Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. 

Article IX. Enactment and Withdrawal

This compact shall be open to joinder by any state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. 

Article X. Construction and Severability

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

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GACC is an affiliate of the National Association of Counsel for Children	GACC Jane Okrasinski Executive Director Email: jane@gaccchildlaw.org