7900 – 7913: Interstate Compact on the Placement of Children (ICPC)
The Interstate Compact on the Placement of Children (ICPC), a legally binding agreement with other states to regulate the placement of children across state lines. The ICPC ensures children receive safe, appropriate care and that both the sending and receiving states maintain legal and procedural accountability for each placement.
Purpose and Scope
The ICPC is designed to:
- Protect children who are placed in another state for foster care, adoption, or residential treatment
- Ensure that receiving states can evaluate and approve placements before they occur
- Preserve the legal rights and obligations of the sending state throughout the placement
It applies to any child placement made by a public agency, court, private organization, or individual. Placements covered include foster homes, adoptive homes, and institutional care settings such as group homes or treatment centers.
However, the ICPC does not apply when a child is placed with a parent, stepparent, grandparent, adult sibling, aunt, uncle, or guardian, provided no agency is involved. It also doesn’t apply to placements governed by other compacts or to Indian child placements handled through tribal courts under the Indian Child Welfare Act.
Pre-Placement Requirements
Before a child may be moved to another state:
- The sending agency must submit a written notice to the receiving state’s appropriate authority. This includes detailed information about the child, legal guardians, intended caregivers, and the legal basis for the placement.
- The receiving state has the right to request additional documentation and must approve the placement in writing.
- No placement can proceed until the receiving state confirms that it is not contrary to the child’s interests.
Failing to comply with these procedures is a violation of the law in both states involved. Violators can face penalties, and agencies risk losing their licenses or permits.
Jurisdiction and Oversight
The sending agency retains full legal jurisdiction over the child, including decisions about custody, supervision, care, and eventual return. This jurisdiction continues until the child:
- Is adopted
- Reaches legal adulthood
- Becomes self-supporting
- Is officially discharged with consent from the receiving state
Financial responsibility for the child also stays with the sending agency unless other agreements are made. California agencies may enter into contracts with agencies in the receiving state to provide services locally, but any agreement involving state or local funds requires written approval from the State Controller or the relevant local fiscal authority.
Adoption Placements
If a child is born and adopted entirely within California, the ICPC does not apply. However, if a California-born child is placed with out-of-state adoptive parents, the ICPC does apply, regardless of where the adoption petition is filed. In such cases, California is considered the sending state.
Licensed private adoption agencies are authorized to determine whether the ICPC applies to a particular case and to complete the necessary documentation. For independent adoptions involving children entering California, the agency must also verify that a preplacement interview has been completed.
Home Study Timeframes
When California receives a request from another state to assess a potential caregiver’s home, the child welfare agency must:
- Complete the home study and return the report within 60 days
- If there are delays outside the agency’s control—such as late background checks or missing medical forms—the timeline may be extended to 75 days, as long as documentation is provided
- The agency is not required to finish parent training or education during this time
- California counties must accept valid home studies conducted by other states or tribes unless a specific issue in the report would make placement unsafe
Both public and private agencies may conduct these home studies, and California is required to work on removing barriers that prevent timely completion.
Out-of-State Residential Facilities
California strictly regulates the placement of children in out-of-state group homes and treatment centers. These facilities must meet California’s standards for Short-Term Residential Therapeutic Programs (STRTPs). Certification involves:
- A site inspection
- Review of licensing history, safety records, and program content
- Approval by the California Department of Social Services (CDSS)
- Ongoing semiannual reviews
The Compact Administrator cannot approve out-of-state placements without evidence that:
- The child’s needs cannot be met in California
- The receiving facility has been certified
- The placement has court approval
As of July 1, 2022, California agencies are prohibited from making new placements in out-of-state residential facilities. By January 1, 2023, all such facilities were decertified and all California children placed out of state were required to return. These rules do not apply to placements under an IEP or to tribal jurisdiction cases.
Safety, Investigations, and Reporting
CDSS is empowered to investigate any threats to children placed in out-of-state facilities, including private interviews and file reviews. Serious incident reports must be:
- Reported within one business day to counties with children in that facility
- Followed by a written report within five business days
CDSS must report monthly to the Legislature on the number of out-of-state placements, transition plans, length of stays, and all serious incidents. These reports must exclude identifying information about the children.
If a facility refuses to cooperate with inspections or fails to meet California standards, its certification can be denied or revoked. Once a child leaves the facility, its certification ends automatically.
Administration
The Governor appoints a Compact Administrator, who operates through the California Department of Social Services. This department:
- Coordinates all ICPC activity in the state
- Receives and reviews placement requests
- Issues approvals or denials
- Oversees contracts with out-of-state agencies
- Ensures all legal and procedural standards are met
Key Takeaways
- The ICPC governs all cross-state placements for foster care, adoption, and institutional care involving California.
- Placements must be pre-approved by the receiving state, and unauthorized placements are illegal.
- The sending state retains full jurisdiction and financial responsibility for the child.
- As of 2022, new out-of-state residential placements are banned, and all such facilities have been decertified.
- CDSS oversees all placements and conducts regular inspections and reports for public transparency.
The ICPC ensures that any child placed across state lines from California receives appropriate care, protection, and legal oversight. With recent legislative changes, California now prioritizes in-state placements, restricts out-of-state residential care, and strengthens accountability to safeguard the welfare of children in every placement decision.