What is ICPC, and how does it effect adoption?

I often get phone calls and emails from people who have questions regarding the Interstate Compact Act or ICPC - so here is some information regarding ICPC and its impact on the domestic adoption process.....

Any adoption or foster care placement that involves a child outside of your state will involve a federal law called the Interstate Compact on the Placement of Children (ICPC). All 50 states, the District of Columbia and the U.S. Virgin Islands are members of the Compact. 

To proceed with an adoption, please note that it is illegal to move a child across state lines without first complying with the ICPC requirements. This FAQ should help inform you about the ICPC’s role in the interstate adoption process. 

Your state’s ICPC Compact Administrator can be accessed at the following link: www.icpc.aphsa.org/Home/states.asp
The full text version of the federal ICPC can be accessed at the following link: www.icpc.aphsa.org/Home/articles.asp


Frequently Asked Questions

Q: What is a Compact?

A: Compacts are agreements between two or more states that have the force and effect of statutory law. States develop and enter into compacts to establish a formal, legal relationship to address a common concern that crosses state boundaries. Compacts obligate states to the provisions just as a contract would bind an individual or a corporation in a business deal. 

Q: What is the Interstate Compact on the Placement of Children (“ICPC”)?

A: The ICPC is a compact among all fifty states, the District of Columbia and the U.S. Virgin Islands. The ICPC establishes uniform legal and administrative procedures governing the interstate placement of children. It provides safety and stability for all the parties involved in the interstate placement of children. Each state has codified the ICPC in its state statutes. 

Q: Who does the ICPC apply to?

A: The Compact currently covers foster children being placed with a relative or another caregiver, children moving across state lines with their foster parents, children placed for adoption by a public or private agency or by a private attorney, children placed in residential treatment facilities by parents, parents placing children with non-relatives, and pregnant mothers going across state lines to give birth and place their children for adoption. The state where the child is currently residing is called the “sending” state and the state where the child will be placed is called the “receiving” state. 

Q: What is the purpose of the ICPC?

A: The purpose of the ICPC is to ensure that if a child is moved across state lines, that child’s rights are protected as if they were in their home state and all legal requirements are observed. The ICPC is designed to: provide a monitoring mechanism during the transition and placement of the child in another state; ensure the child receives services; ensure compliance with the laws of each state; and provide the child with an alternative should the placement prove not to be in their best interest or if the need for out-of-state services ends.

Q: How do I comply with the ICPC?

A: The agency or adoption professional that you are working with should complete the necessary paperwork to comply with the ICPC. Each state has a Compact Administrator that oversees the process of interstate placements. Proof that the ICPC was complied with will be requested before an adoption can be finalized. 

Q: What is the process involved under the ICPC?

A: The sending state must provide the receiving state with notice of its intention to place a child across state lines. This requires the sending state to complete several forms and a case plan. These forms along with the case plan are forwarded to the receiving state’s Compact Administrator for review. Upon careful review and evaluation, the receiving state approves or denies the placement by sending notice of its decision to the sending state. If approved, procedures are initiated to place the child in the receiving state. Services for the child are to continue as if the child were still in his/her home state.