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What is the Interstate Compact on Placement of Children?

The Interstate Compact on the Placement of Children (ICPC) as enacted by the Florida Legislature is in section 409.401, Florida Statutes (2024).

The ICPC allows a Florida court to place a child with a parent or relative, after a home study of that individual, in a state other than Florida. The out-of-state placement is supervised by that state’s welfare agency. However, the state where the child is placed can unilaterally rescind its placement approval. 

The ICPC establishes the procedure in which the party states cooperate in the interstate placement of children. Placement is defined as the arrangement for the care of a child in a family or boarding home or 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. Placement occurs when a sending agency such as a Florida agency sends, brings, or causes to be sent or brought any child to another party state, called the receiving state. 

The ICPC provides no sending agency shall 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 every requirement set forth in Article II of ICPC and with the applicable laws of the receiving state governing the placement of children therein.

The ICPC requires the sending agency to furnish to the prospective receiving state written notice of the intention to send, bring, or place the child in the receiving state. The prospective receiving state then may demand such supportive or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of the ICPC. The interstate placement may occur only after the prospective receiving state has consented. The child shall not be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency that the proposed placement does not appear contrary to the best interest of the child. 

The receiving state can return the child to the sending state as long as it notifies the sending state of the child’s unmet needs and the child’s needs continue to be unmet after notification. 

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com 

This article is for informational purposes only and does not form an attorney-client privilege.