Interstate Compact on the Placement of Children

Understanding ICPC

If you are an Ohio resident considering adopting a child from another state, you need to understand the Interstate Compact on the Placement of Children (ICPC). The ICPC is a federal law designed to ensure the safety and legal protections of children who are placed across state lines for adoption or foster care. All 50 states, the District of Columbia, and the U.S. Virgin Islands are members.

Important Notice: It is illegal to move a child across state lines without first complying with ICPC requirements. Following the guidance of your adoption agency is crucial for a successful interstate adoption.


What is the Purpose of the ICPC?

The ICPC’s primary goal is to protect a child’s rights and welfare during an interstate placement. The Compact ensures that:

  • The child’s rights are protected as if they were in their home state.
  • The child receives necessary services throughout the transition.
  • All legal requirements of both states are met.
  • There is a monitoring mechanism to supervise the placement and ensure it remains in the child’s best interest.

Who Does the ICPC Apply To?

The ICPC applies to a wide range of interstate placements, including:

  • Adoptions: A child or newborn placed for adoption by a public or private agency.
  • Foster Care: Foster children moving across state lines with their foster parents or to a relative’s home.
  • Parental Placements: When a parent places a child with a non-relative in another state.

In this process, the state where the child currently resides is called the “sending” state, and the state where the child will be placed is the “receiving” state.


The ICPC Process

The process involves a formal exchange of information between the sending and receiving states’ ICPC offices.

  1. Sending State Notification: The sending state must submit a packet of forms, including the home study and case plan, to the receiving state’s ICPC office.
  2. Receiving State Review: The receiving state’s ICPC Administrator reviews the documentation to ensure all legal and safety requirements are met according to their state laws.
  3. Approval or Denial: The receiving state approves or denies the placement and notifies the sending state of its decision.
  4. Placement and Finalization: If approved, the child can be placed with the adoptive family, and the adoption can eventually be finalized.

Your adoption agency will be responsible for completing and submitting all necessary paperwork to comply with the ICPC, ensuring a smooth process.


Key Safeguards and Responsibilities

  • Sending Agency Responsibility: The sending agency retains legal and financial responsibility for the child until the adoption is finalized, including the right to make all decisions regarding their care and custody.
  • Receiving Agency Responsibility: The receiving agency is responsible for supervising the placement and ensuring the child’s welfare during their stay.
  • Child Protection: The ICPC includes safeguards like requiring a home study and ongoing progress reports to ensure the child’s safety and well-being.