In Support of Strengthening the Interstate Compact on the Placement of Children

Resolution 31 In Support of Strengthening the Interstate Compact on the Placement of Children

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WHEREAS, the Conference of Chief Justices understands the need to expedite the placement of abused and neglected children in safe and permanent homes, and that in some cases the best placement is in another state, which requires interstate cooperation and collaboration; and

WHEREAS, the American Public Human Services Administrators (APHSA), as the secretariat of the Interstate Compact for the Placement of Children (ICPC), has undertaken an effort to revise the ICPC; and

WHEREAS, legislation was introduced in the 108th Congress to provide guidance to APHSA's revision effort and the 109th Congress may consider similar legislation; and

WHEREAS, the legislation as introduced in the 108th Congress would have:

• Provided state courts access to the Federal Parent Locator Service (FPLS) for the purpose of locating a parent of a child in foster care or adoptive case;
• Created a right of foster parents, pre-adoptive parents, and relative caregivers to be heard in any foster care proceeding;
• Required the highest court of each state to establish a rule requiring state courts to notify foster parents, pre-adoptive parents, and relative caregivers of a child in foster care of any proceeding held with respect to the child;
• Added another purpose to the Court Improvement Program to determine the best strategy to expedite interstate placement of children, including:
  • Requiring courts in different states to cooperate in sharing information;
  • Authorizing courts to obtain information and testimony from agencies and parties in other states without requiring interstate travel;
  • Permitting the participation of parents, children, other necessary parties, and attorneys in interstate placement cases without requiring interstate travel;
• Required judges to consider out-of-state placements in case reviews, permanent placements in permanency hearings, and out-of-state relatives and placements in concurrent case plans;
• Clarified that case plans should facilitate orderly and timely intrastate and interstate placements;
• Required that, in the case of a child who will not be returned to the parent, the court consider intrastate and out-of-state placement options;
• Established a 60-day time limit for completion of home studies and imposed financial penalties for failure to meet the time limits;

NOW, THEREFORE, BE IT RESOLVED that the Conference supports these provisions with the following clarifications:

• The highest court of each state should be encouraged to establish procedures to notify foster parents, pre-adoptive parents, and relative caregivers of a child in foster care of any proceedings held with respect to the child. These procedures may place the responsibility for the notice on the parties and charge the state court with ensuring proper and timely notice is given.
• Legislation should authorize state courts to allow a good-cause exception to the 60-day time limit for completion of home studies in exceptional individual cases, provided the court is given written documentation explaining the reason for the delay.

Adopted as proposed by the Courts, Children, and Families Committee of the Conference of Chief Justices at the 28th Midyear Meeting on January 26, 2005.