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In Support of Interstate Compact on the Placement of Children

Resolution 7 In Support of Interstate Compact on the Placement of Children

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WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators recognize the importance of placing children in foster care with the most appropriate placement that meets the needs of those individual children; and

WHEREAS, in our increasingly mobile society, the most appropriate placements for children may not be in the child's home state; and

WHEREAS, the Interstate Compact on the Placement of Children (ICPC) was initially adopted in 1960 to ensure protection of and services for children who are placed across state lines for foster care and adoption; and

WHEREAS, the American Public Human Services Administrators (APHSA) (the ICPC Secretariat) undertook an effort to revise the ICPC, giving consideration to state experiences since 1960 and input from a broad range of external entities, including representatives of state courts; and

WHEREAS, as a result of this effort, a proposed revision of the ICPC is and will be considered by state legislatures for adoption; and

WHEREAS, the Conferences desire to assist in the timely and safe movement of children in foster care between states to appropriate permanent placements, adoptions, and treatment facilities and further desire to reduce delays in interstate placements while reaffirming best practices for state trial courts to ensure timely completion of ICPC home studies and improved ICPC functioning; and

WHEREAS, the proposed revision resolves many problems that have previously impeded expeditious inter-jurisdictional placements, including:

  • Clearly defining the children covered by the ICPC;
  • Clarifying that the retention of jurisdiction means the authority of courts and judicial officers to take and decide cases;
  • Adding circumstances under which a sending court may terminate jurisdiction; and
  • Clarifying financial responsibility for services; and

WHEREAS, although the proposed revision offers improvements over the current ICPC, many implementation details will be left to an Interstate Commission comprised of representatives of ICPC member states; and

WHEREAS, it is critical that state courts have a strong voice in the development of any rules and regulations to ensure effective implementation of the revised ICPC;

NOW, THEREFORE, BE IT RESOLVED that the Conferences support the proposed revision of the ICPC and encourage states to consider adoption of the proposed revision; and

BE IT FURTHER RESOLVED that the Conferences urge APHSA to include a representative from each Conference as ex officio non-voting members on the Interstate Commission, similar to how the Conferences participate on the Interstate Commission on Adult Offender Supervision.

Adopted at the COSCA 2007 Annual Meeting on August 1, 2007.