In Support of the Revised Interstate Compact for the Placement of Children
Resolution 2 In Support of the Revised Interstate Compact for the Placement of Children
WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators recognize that when a child in foster care cannot return safely home, the child deserves a placement that is best for that child; 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 opioid epidemic is putting an unprecedented strain on the foster care system in many states resulting in delays in the interstate placement of foster children and requiring an immediate response; 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, in many cases, problems exist with the implementation of the ICPC and the understanding of the ICPC by the judges, lawyers, and social workers involved with these cases; and
WHEREAS, children waiting to be placed with an adoptive family, relative, or foster parent in another state frequently spend more time waiting than children who are placed within their home state; and
WHEREAS, the American Public Human Services Administrators (APHSA), which serves as the ICPC Secretariat, undertook an effort to revise the ICPC to reflect state experiences and input from a broad range of stakeholders, including state courts; and
WHEREAS, as a result of this effort, a proposed revision of the ICPC is under consideration by state legislatures, and thirty-five states must adopt the revision before it becomes effective. Currently, twelve states have adopted the revised ICPC; and
WHEREAS, the proposed revision resolves many past challenges by:
- Clearly defining the children covered by the ICPC;
- Clarifying that retention of jurisdiction refers to the authority of the courts and judicial officers to take and decide cases;
- Adding additional circumstances in which a sending court may terminate jurisdiction; and
- Clarifying financial responsibility for services; and
WHEREAS, although the revision offers improvements, many implementation details will be established by an Interstate Commission composed of ICPC member state representatives; and
WHEREAS, it is critical that state courts have a strong voice in developing rules and regulations to ensure effective implementation of the revised ICPC;
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators:
- Support the proposed revision of the ICPC and urge states, territories, and the District of Columbia to adopt the revision;
- Encourage state court leadership to work with legislative and executive branches to achieve adoption of the revised ICPC;
- Urge APHSA to include a representative from the Conference of Chief Justices and the Conference of State Court Administrators as ex officio nonvoting members on the Interstate Commission.
Adopted as proposed by the CCJ/COSCA Joint Committee on Courts, Children, and Families at the Conference of Chief Justices and Conference of State Court Administrators 2018 Annual Meeting on August 22, 2018.