In Support of the Revised Interstate Compact for the Placement of Children
Resolution 6 In Support of the Revised Interstate Compact for the Placement of Children
WHEREAS, the Conference of Chief Justices recognizes 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), initially adopted in 1960, ensures protection of and services for children who are placed across state lines for foster care and adoption; and
WHEREAS, problems exist with the implementation and understanding of the ICPC by judges, lawyers, and social workers involved in 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 placed in the same state; and
WHEREAS, the American Public Human Services Administrators (APHSA), the ICPC Secretariat, undertook an effort to revise the ICPC, incorporating input from state experiences and various external entities, including state courts; and
WHEREAS, the proposed revision of the ICPC, which will be considered by state legislatures, requires 35 states to adopt it before it becomes effective, and currently 12 states have adopted it; and
WHEREAS, the proposed revision addresses prior problems by:
- Clearly defining the children covered by the ICPC;
- Clarifying that retention of jurisdiction means the authority of courts and judicial officers to decide cases;
- Adding additional circumstances in which a sending court has authority to terminate jurisdiction;
- Clarifying financial responsibility for services; and
WHEREAS, although the proposed revision offers improvements, many implementation details will be established by an Interstate Commission comprised of representatives of ICPC member states; and
WHEREAS, it is critical that courts have a strong voice in developing any rules and regulations to ensure effective implementation of the revised ICPC;
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices supports the proposed revision of the ICPC and urges states, territories, and the District of Columbia to adopt the proposed revision; and
BE IT FURTHER RESOLVED that the Conference encourages state court leadership to work with legislative and executive branches to successfully adopt the revised ICPC; and
BE IT FURTHER RESOLVED that the Conference urges APHSA to include a representative from the Conference of Chief Justices and the Conference of State Court Administrators as ex officio, non-voting members of the Interstate Commission.
Adopted as proposed by the CCJ/COSCA Courts, Children, and Families Committee at the 2018 Midyear Meeting on January 31, 2018.