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A word about the Google ads being added
to this site.
Over the years,
I have received hundreds of phonecalls and emails for
recommendations of and referrals to family-law and civil rights
attorneys and self-help groups across this nation, 3500 miles wide and
1500 deep plus Hawaii and Alaska. Clearly, it is impossible
for me to be responsive to these requests.
Sooooo . . . not only can the few dollars from the ads pay for the expenses of this website, you, too, can also benefit: you can learn on your own which attorneys and which self-help groups in those areas of the law are available to help you. Hoping that the ads will give you sufficient information to satisfy your requests for recommendations and referrals, I have been reformatting the files on this website to accommodate the maximum number of ads that Google's policy allows per file. By the way, I have no control over which ads appear. They are chosen by Google according to the content -- I think -- in each file. HELP: Any HTML programmer know how to get rid of the extra <> below the Google ads at the top of the files and the <> in the upper right-hand corners of the Google ads on the right-hand side of the screen? i've wasted hours, if not days, trying to figure out WHY they are there in some files and not in others . . . and how to get rid of them. THANKS!! |
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Interstate
Compact on
Placement of Children and Illinois' Version of the Uniform Compact: 45 ILCS 15 |
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Interstate Compact on the Placement of Children (ICPC _____________
The Final Report of the Joint Committee on ICPC Improvement _____________
ICPC REGULATION NO.7 and RECOMENDATIONS _______________
Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC), an affiliate of the American Public Welfare Association ________________
December 1996 |
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Table of Contents
Dedication Reviving the Interstate Compact on the Placement of Children By Judge Len Edwards Section I. Introduction Section II. Regulation No. 7 with Narrative Section III. Joint Committee's Recommendations
A. Summary Section IV. Resolution from NCSHSA & NAPCWA Section V. Resolution from
NCJFCJ |
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In Memory of Robert
Edward Praksti
This report is dedicated to Joint Committee Member Robert Edward Praksti, MSW, JD. His untimely death on July 22, 1996, left a significant void in both national juvenile and family court programs, as well as national child welfare programs, which were engaged in the struggle for identifying, improving, and promoting effective programs for children and families. Bob Praksti began working for the National Council of Juvenile and Family Court Judges (NCJFCJ) in 1980 where he gained national recognition as an advocate and leader for improving services to children and families. In 1992 the National Court-Appointed Special Advocate Association awarded Bob their President's Award and in 1995 the National Association of Foster Care Reviewers presented him with an award for his efforts to assist children in foster care. Bob Praksti's advocacy for children and families was enhanced not only by his most recent work in the position of Project Director of the Permanency Planning for Children Project Advisory Committee of NCJFCJ, but also by his appointment in 1993 as a member of the Executive Committee of the National Association of Public Child Welfare Administrators (NAPCWA) of the American Public Welfare Association (APWA). It was from this unique perspective of working with these
two highly
respected national organizations as well as his education and training
as both a social worker and an attorney, that he brought so
much to the deliberations of the Joint Committee, and contributed in no
small way to the finalization of this landmark report on the
ways to improve the day-to-day operations of the Interstate Compact on
the Placement of Children (ICPC). |
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REVIVING THE ICPC
By Judge Leonard Edwards The first time I experienced judicial reaction to the Interstate Compact on the Placement of Children (ICPC) was over 15 years ago at a Reno conference sponsored by the National Council of Juvenile and Family Court Judges. An ICPC administrator was presenting to an audience of judges, describing how the ICPC worked. She never had a chance. From the time she started speaking the grumbling and muttering started. It seemed everyone in the room, except for a few who had never used it, knew the ICPC and hatedit. Many were frustrated and a few were angry. Had their been fruit or vegetables available, a couple of pieces would have found theirway to the stage. The practitioners were speaking. Clearly, the law was not working and nothing that the speaker could offer was going to help. refused to cooperate with one
another. Social workers would not
cooperate
with their colleagues in other states. Children lingered too long
waiting for home studies to be completed.
In spite of their frustration, several judges on the Permanency Planning Committee joined with the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) and the National Association of Public Child Welfare Administrators (NAPCWA) to modify the ICPC. After over a year of work, the result is Regulation 7 a copy of which is attached. Regulation 7 speeds up the ICPC process. Using a number of techniques, it enables the ICPC to accomplish its purposes in a timely fashion. Regulation 7 reduces the time it takes to complete the ICPC process in two fundamental ways. First, once a case has been designated a priority placement, Regulation 7 mandates that all decision makers in each state complete their work in an expedited fashion. Second, if the process is still not working fast enough, Regulation 7 encourages judges to talk with one another on thetelephone to speed up the process. Pursuant to paragraph #5 of Regulation 7, a child qualifies for the priority placement procedure if the proposed placement would be with a designated relative and (1) the child is under two years of age or (2) the child is in emergency shelter or (3) the court finds that that the child has spent a substantial amount of time in the home of the proposed placement. Moreover, the court must find that the paperwork for the placement has been completed and been in the receiving state. Judge to judge communication has been the hallmark of the Uniform Child Custody Jurisdiction Act (UCCJA). Most judges who have handled domestic relations or juvenile cases have had the opportunity to communicate with judges in other jurisdictions. In the majority of cases, this communication results in a speedy resolution of both legal and procedural problems. This judge to judge technique is a cornerstone of Regulation 7. Over the past months since the effective date of Regulation 7, a number of judges have been utilizing the new procedures. Most find that it works well. Somehow business gets done after judges in different jurisdictions talk with one another. Of course, the judge-to-judge process can be expedited if you are a member of the National Council of Juvenile and Family Court Judges. Their membership directory provides the names, addresses and telephone numbers of a great number of juvenile and family court judges around the country. Regulation 7 may change the dissatisfaction that a generation of judges has felt for the ICPC. You are encouraged to utilize it. Moreover if you would like a packet of information describing the ICPC and Regulation 7 in greater detail, write Frank Barthel, J.D., Secretariat, AAICPC, 810 First, S.E., Washington, D.C. 20002- 4267 (202) 682-0100 or Mary Mentaberry, Project Director, Permanency Planning Project, NCJFCJ, P.O. Box 8970, Reno NV 89507 (702) 784- 6012 |
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INTRODUCTION
This landmark Final Report of the Joint Committee on ICPC Improvement is significant for several important reasons: The report
was completed with the
collaborative work
and endorsement of three national organizations. It included family and
juvenile law judges, state public child welfare
administrators, and ICPC compact administrators;
This report focused on the issue of delay as the primary and universal complaint about the day-to-day operation of the ICPC, and in response, it presents a new expedited process for courts to use in making a finding of a need for priority placement of certain children; The report makes clear that the ICPC is statutory law in all member states and jurisdictions, and as such, it is the responsibility of each state to ensure that its ICPC process is responsive and timely in both the sending and receiving modes; The report reminds all of us that each local social service worker can be both a "sender" and a "receiver" with reference to requests for home studies and postplacement supervision, and that all persons involved in the ICPC process of placing children in safe homes must work together to reduce delays in the placement of children; The report recommends new approaches to obtaining a timely home study through innovative use of private sector resources as well as identifying "best practices" in the public sector. This report is being released during the second year of the Court Improvement Program, a national grant program of the U.S Department of Health and Human Services, which provided an opportunity to the highest court in each state to assess and improve the handling of proceedings relating to foster care and adoption. Each participating state court improvement program will receive a copy of this report and will be encouraged to include the ICPC in its review of state proceedings relating to foster care and adoptions, and together with the state child welfare program, provide a mechanism for an on-going review of its operational effectiveness; and Finally,
this report represents national recognition
that the ICPC is an important part of the child welfare system not only
in each state, but also nationally. In fact it is the only
national public child welfare program, since all other public child
welfare
services and related court activities are "intrastate" in
nature. Furthermore, even though it is not a "federal program" and
therefore
does not receive direct federal funding, the ICPC must
work in conjunction with all parts of the child welfare process to be
successful in its effort to place children into
safe and supervised homes.
Frank Barthel AAICPC Secretariat |
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REGULATION No. 7
1. Words and phrases used in this regulation shall have the same meanings as those ascribed to them in the Interstate Compact on the Placement of Children (ICPC). A word or phrase not appearing in ICPC shall have the meaning ascribed to it by special definition in this regulation or, where not so defined, the meaning properly ascribed to it in common usage. 2. Whenever a court, upon request, or on its own motion,
or where court
approval is required, determines that a proposed priority placement of
a child from one state into another state is necessary,
the court shall make and sign an order embodying that finding. 3. The court order, ICPC-100A, and supporting
documentation referred
to in Paragraph Two (2) hereof shall be transmitted to the receiving
state Compact Administrator by overnight mail together with
a cover notice calling attention to the priority status of the 4. (a) If the receiving state Compact Administrator fails to complete action as the receiving state prescribed in Paragraph Three (3) hereof within the time period allowed, the receiving state shall be deemed to be out of compliance with ICPC. If there appears to be a lack of compliance, the court, which made the priority order, may so inform an appropriate court in the receiving state, provide that court with copies of relevant documentation in the case, and request assistance. Within its jurisdiction and authority, the requested court may render such assistance, including the making of appropriate orders, for the purpose of obtaining compliance with thisRegulation and ICPC. (b) The foregoing shall not apply if: (1)
within two (2) business days of receipt of the ICPC
priority placement
request, the sending state Compact Administrator determines that the
ICPC request documentation is substantially
insufficient,
specifies that additional information is needed, andrequests the
additional documentation from the sending agency. The
request shall be made by FAX, or by telephone if FAX is not available,
or
(2) within two (2) business days of receipt of the ICPC priority placement request, the receiving state Compact Administrator notifies the sending state Compact Administrator that further information is necessary. Such notice shall specifically detail the information needed. For a case in which this subparagraph applies, the twenty (20) business day period for the receiving state Compact Administrator to complete action shall be calculated from the date of the receipt by the receiving state Compact Administrator of the information requested. (c) Where the sending state court is not itself the sending agency, it is the responsibility of the sending agency to keep the court, which issued the priority order, informed of the status of the priority request. 5. A court order finding entitlement to a priority placement shall not be valid unless it contains an express finding that one or more of the following circumstances applies to the particular case and sets forth the facts on which the court bases its finding: (a) the proposed
placement recipient is
a relative
belonging to a class of persons who, under Article VIII(a) of ICPC
could receive a child from another person belonging to
such a class, without complying with ICPC and; (1) the child is under
two
(2) years of age; or (2) the child is in an emergency
shelter; or (3) the court finds that the child has spent a substantial
amount of time in the home of the proposed placement
recipient. (b) the
receiving state Compact
Administrator has
a properly completed ICPC-100A and supporting documentation for over
thirty (30) business days, but the sending agency
has not received a notice pursuant to Article III (d) of ICPC
determining whether the child may or may not be placed.
6. Time periods in this regulation may be modified with a written agreement between the court which made the priority order, the sending agency, the receiving state Compact Administrator, and the sending state Compact Administrator. Any such modification shall apply only to the single case to which it is addressed. 7. To fulfill its obligations
under
ICPC, a state and its
local agencies
must process interstate cases no less quickly than intrastate cases and
give no less attention to interstate hardship cases than
to intrastate hardship cases. If in doing so, a receiving state Compact
Administrator finds that extraordinary circumstances make it
impossible for it and its local agencies to comply with the time
requirements set forth in this regulation, it may be excused from
strict
compliance therewith. However, the receiving state Compact
Administrator shall, within two (2) business days of ascertaining
inability
to comply, notify the sending state Compact Administrator via FAX of
the inability to comply and shall set forth the date on
or before which it will complete action. The notice shall contain a
full identification and explanation of the extraordinary circumstances
which are delaying compliance.
8. Unless otherwise required or allowed by this regulation, all transmittals of documents or other written materials shall be by overnight express mail carrier service. 9. This regulation shall take effect on October 1, 1996. This regulation is adopted pursuant to Article VII of the Interstate Compact on the Placement of Children by action of the Association of Administrators of the Interstate Compact on the Placement of Children at its annual meeting on April 28, 1996, in Whitefish, Montana.
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Regulation
No. 7
Interstate Compact on the Placement of Children (ICPC) Priority
Placement
Effective October 1, 1996, ICPC Regulation No. 7 establishes ICPC procedures1 for the out-of-state priority placement of children. ICPC Regulation No. 7 sets forth limited circumstances under which this procedure may be used. 1. The court, upon request, or on its own motion, or where court approval is required, determines that a proposed priority placement of a child from one state to another state is necessary. The court order finding entitlement to a priority placement shall not be valid unless it contains an express finding that one or more of the following circumstances applies to a particular case and sets the facts on which the court bases its findings: (a) the proposed placement recipient is a relative belonging to a class of persons who under Article VIII (a)2 of ICPC could receive a child from another person belonging to such a class without complying with ICPC, and (1) the child must be under two (2) years of age; or (2) the child is in an emergency shelter, or the court finds that the child has spent a substantial amount of time in the home of the proposed placement recipient. (b) the receiving state Compact Administrator has a properly completed ICPC-100A and supporting documentation for over thirty (30) business days, but the sending agency has not received a notice pursuant to Article III (d) of ICPC determining whether the child may or may not be placed. The court order and finding must contain the typed name, address, telephone number, and, if available, the FAX number of the judge and the court issuing the order. Additionally, the court order must be signed by its issuing judge. 2. The court has two (2) business days to send the signed court order to the sending agency. The sending agency shall have three (3) business days to send a priority placement request package containing the court order and documentation required under an ICPCrequest, including the ICPC-101 Form (Priority Home Study Request), to the sending state ICPC Administrator by overnight express mail carrier service. 3. The sending state ICPC office shall have two (2) business days to validate the priority placement request package and forward same, by overnight express mail, to the receiving state ICPC office. 4. The receiving state ICPC Administrator shall have
twenty (20) business
days from the date of receipt of the priority placement request package
to obtain sufficient information from his local
receiving
agency to make a determination as to whether the requested 5. ICPC Regulation No. 7 also provides for certain contingencies, such as noncompliance by the receiving state Compact Administrator, receipt of substantially insufficient documentation from the sending court and/or the sending local agency, procedures for obtaining additional documentation and/or information, and mutually agreed upon modifications to the time-period deadlines. 6. If the receiving state fails to complete action within the prescribed time-period, the receiving state shall be deemed out-of-compliance with the ICPC. 7. If there appears to be a lack of compliance, the court that made the priority order may so inform an appropriate court in the receiving state and provide the court with copies of relevant documentation of the case, including the making of appropriate orders, for the purpose of obtaining compliance with ICPC and Regulation No. 7 as adopted on April 28, 1996. If extraordinary circumstances make it impossible to comply with the time requirements set forth in Regulation No. 7, the receiving state has two (2) business days to notify the sending state of the problem. The notice shall contain a full identification and explanationof the extraordinary circumstances that are delaying compliance and shall set forth the date on or before which the receiving state will complete action. 1 A booklet on Priority Placement procedures has been developed and for a cost of $9 can be obtained from: Office of the ICPC Secretariat 810 First Street, NE, Suite 500 Washington, DC 20002-4267 |
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2 ARTICLE
VIII-LIMITATIONS
This compact shall not apply to: (a) the sending or bringing of a
child into a receiving state by his
parent, stepparent, grandparent, adult brother or sister, adult uncle
or aunt, or his guardian and leaving the child with any such relative
or nonagency guardian in the
receiving state.
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RECOMMENDATIONS
BY THE JOINT COMMITTEE
EXECUTIVE SUMMARY
Dissatisfaction exists with the delays experienced in
placing dependent
children through the ICPC with parents, relatives, or other resources.
This general dissatisfaction is expressed by judges,
attorneys,
child welfare advocates, state and local agency All 50 states, the District of Columbia, and the U.S. Virgin Islands have independently adopted the ICPC as statutory law in their respective jurisdictions. A joint committee with representation from the National Council of Juvenile and Family Court Judges (NCJFCJ), the National Association of Public Child Welfare Administrators (NAPCWA) and the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC) (see Appendix A), was established by the three national organizations listed above. The Joint Committee's mission was: · to help children; · to eliminate delays in the placement of children in appropriate family homes across state lines; and · to simplify the ICPC process while making the process user friendly. To implement some of the recommendations contained in this
report, it
was necessary for the Compact Administrators of the ICPC to adopt
Regulation No. 7, which the ICPC provides for under Article
VII. Besides initially drafting Regulation No. 7, the Joint The Joint Committee has made the following recommendations: (1) IMPROVE INTERSTATE COMMUNICATION
Provide for concurrent transmittal of ICPC requests to the
receiving
state ICPC office and to the local agency performing the home Encourage telephonic communication between the local
offices of the
sending and receiving states to confirm receipt of the request, (2) DEVELOP NATIONAL TIMEFRAME STANDARDS FOR PROCESSING ICPC REQUESTS Adopt time standards for ICPC case processing at the: · Sending state local agency/office; · Sending state ICPC office; · Receiving state ICPC office; · Receiving state local agency/office; Eliminate any delay at the originating court by having a court order signed immediately upon judicial determination of abuse and/or neglect; Establish a protocol by which certain cases can be expedited through the ICPC process; Establish criteria for a judicial determination of need for a `priority placement finding'; Establish an `expedited processing timeline' for a judicially determined priority placement finding. (3) DEVELOP NATIONAL STANDARDS AND FORMAT FOR ICPC HOME STUDIES Establish a common protocol/outline for a home study to
include a criminal
background check and an abuse/neglect history Establish `streamlined home study criteria' for a
noncustodial parent
or for relatives when a judge has made a finding of `priority (4) ADOPT NEW METHODS AT LOCAL AGENCIES/OFFICES TO HANDLE ICPC REQUEST PROCESSING Treat incoming ICPC requests with the same level of priority as local placement actions; Use designated workers or units to increase competency and efficiency in performing ICPC home study requests and post-placement supervision; Expand list of local providers/agencies eligible to perform a home study and/or postplacement supervision; Expand methods of obtaining a home study. (5) ENSURE APPROPRIATE COURT OVERSIGHT OF ICPC PLACEMENTS Establish criteria for termination of jurisdiction after approved placement with a noncustodial parent; To ensure that all ICPC placements are at least annually reviewed according to state law. (6) UTILIZE AVAILABLE TECHNOLOGY TO EXPEDITE THE EXCHANGE OF INFORMATION AND TO IMPROVE THE RECORDING, TRACKING, MONITORING, AND REPORTING OF ICPC CHILD PLACEMENTS Use facsimile transmission and overnight express mail; Establish ICPC on the Internet to economically link state ICPC offices; Use Internet e-mail in addition to the telephone for nonconfidential communication; Identify local/state/national ICPC workload impact; Continue development of an ICPC state office database program; Urge the identification of ICPC children in state-automated child welfare information systems. (7) UTILIZE UCCJA AS A MODEL FOR JUDGE-TO-JUDGE COMMUNICATION AND FILING OF A COURT ORDER WHEN THERE HAS BEEN AN UNDUE DELAY IN ICPC CHILD PLACEMENTS OR WHEN A CASE HAS BEEN IDENTIFIED AS A PRIORITY PLACEMENT (8) CONTINUE THE JOINT COMMITTEE ON ICPC IMPROVEMENT AS A FORUM FOR NATIONAL ORGANIZATIONS' REVIEW AND INPUT (9) ESTABLISH STATE ICPC IMPROVEMENT COMMITTEES. Contact State Court Improvement Project committees. COMMON STATE BORDER |
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RECOMMENDATIONS FOR
IMPROVING THE
EFFECTIVENESS OF THE INTERSTATE
COMPACT ON THE PLACEMENT OF CHILDREN (ICPC)
Respectfully submitted by a joint committee created for this purpose, said committee consisting of members from each of the following organizations, and augmented by their executive support staff: 1. National Council of Juvenile and Family Court Judges (NCJFCJ); 2. National Association of Public
Child Welfare
Administrators (NAPCWA),
an affiliate of the American Public Welfare Association (APWA); 3. Association of Administrators
of the Interstate Compact
on the Placement
of Children (AAICPC), also an affiliate of the APWA.
PREAMBLE
The Joint Committee on ICPC Improvement generally agreed that the purposes for which the Interstate Compact on the Placement of Children was created in the late 1950s were, and still are, very important for the protection of children as they move across state lines into out-of-state placements. There is no question that children undergo stress and trauma when they are removed from their parents. These recommendations are therefore directed at placing the child with someone in a good and safe environment as soon as possible so that the effects of removal can be somewhat ameliorated. The Joint Committee is committed to work together toward not onlyupholding it original intentions, but to tackle its current problems and identify and solve any obstacles in the foreseeable future. The ICPC, which is statutory law in 50 states, the District of Columbia, and the U.S. Virgin Islands, was also established to prevent the "dumping" of problematic child placement cases by one state into another state in order to avoid the possible substantial expenseassociated with complex medical and/or other human conditions. The positive aspects of ICPC include:better information about
proposed placements for children
· home studies · supervision by the receiving state · services · sending state's continued jurisdiction The Joint Committee also felt that the ICPC process, as operated by the member states, must eliminate the delays and follow established best practices in completing ICPC home studies. The desired effect of the ICPC, which is a quicker and safer placement of the child, should be a positive experience for the child who has been traumatized by removal from parental care.The operation of the ICPC relies on its member states to
cooperate in
handling each other's requests for home studies and postplacement
supervision. Any local office can be both a sending
agency,
in which it is seeking a home study in the other receiving state, as
well as a receiving agency, in which another state sending
agency is requesting a home study and postplacement supervision. The Joint Committee is aware that publicly funded staffing
levels of
local child welfare offices, as well as courts, have not kept pace with
the growth in child protection cases. However, this alone was
not a justifiable reason for the fairly common practice of placing
interstate cases at the bottom of the in-basket. The following
recommendations
are put forth in good faith by the Joint Committee in the hope that
everyone involved in the ICPC system will sense the
urgency
of taking immediate action to improve the ICPC system, and that new
approaches to handling interstate cases will be welcomed
and encouraged. As one Committee member put it, "A child is a child
regardless of where he or she happens to live." RECOMMENDATIONS
1.
IMPROVE INTERSTATE COMMUNICATION The Joint Committee believes
that concurrent processing
may help reduce
delays. However, the ICPC Administrators must be kept The following were members of the Joint Committee on ICPC Improvement: Samuel G. Ashdown, Jr. Ernestine Barbieri Frank Barthel, JD Mike Chapman The Honorable Leonard P. Edwards Ramona Foley The Honorable Martin A. Herman Marjorie Kelly, Deputy Director Bob Praksti, Director Family Court of Hawaii First Circuit 777 Punchbowl Street Honolulu, HI 96813 (808) 539-4074 (1) 539-4504 (FAX)
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RESOLUTION TO
APPROVE AND
IMPLEMENT THE RECOMMENDATIONS OF THE JOINT COMMITTEE TO IMPROVE THE
INTERSTATE COMPACT ON THE
PLACEMENT OF CHILDREN (ICPC)
July 17, 1996 Whereas, delays in the placement of children across state lines have occurred due to nonuniform child welfare staff practices in placing dependent children through processes defined under the Interstate Compact on the Placement of Children (ICPC), which all 50 states, the District of Columbia, and the U.S. Virgin Islands have adopted as statutory law in their respective jurisdictions, and Whereas, the National Council of Juvenile and Family Court Judges (NCJFCJ), the National Association of Public Child Welfare Administrators (NAPCWA), and the Association of Administrators of the Interstate Compact on the Placement of Children (AAICPC), convened an Joint Committee to develop recommendations for reducing delays in making interstate placements of dependent children, reaffirm best practices in completing ICPC home studies, and improve the ICPC; and Whereas, the Joint Committee has issued 10 recommendations and a priority regulation outlining judicial authority to expedite the interstate placement of dependent children; and Whereas, NAPCWA has reaffirmed the need for joint support between the courts and public child welfare agencies to expedite interstate placements; and Whereas, the AAICPC adopted the recommendations and passed
the priority
regulation pursuant to Article VII of the ICPC at its 22nd Annual
Meeting in April 1996 and will assist all 50 states, the
District of Columbia, and the U.S. Virgin Islands to implement and
promulgate these recommendations and regulation; |
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Illinois
Compiled Statutes
Interstate
Compacts
Interstate Compact on Placement of Children Act 45 ILCS 15 et seq (45 ILCS 15/0.01)
(45 ILCS 15/1)
INTERSTATE COMPACT ON THE PLACEMENT
OF CHILDREN
ARTICLE I. Purpose
and Policy
It is the purpose and policy of the party
states
to cooperate with each other in the interstate placement of
children to the end that: (a) Each child requiring
placement shall receive the maximum opportunity to be placed in a
suitable environment and
with persons or institutions having appropriate qualifications and
facilities to
provide a necessary and desirable degree and type of care. ARTICLE II.
Definitions
As used in this compact: ARTICLE III.
Conditions for Placement
(a) No sending
agency
shall
send, bring, or cause to be sent or brought into any other party state
any child for
placement
in foster care or as a preliminary
to a
possible
adoption unless the sending agency shall comply with each and every
requirement set
forth
in this article and with the applicable laws of
the receiving
state governing the placement of children therein. (1)
The name, date and place of birth of the
child.
(2) The identity and address or addresses of the parents or legal guardian. (3) The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. (4) A full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in
a
receiving
state which is in receipt of a
notice pursuant to
paragraph (b) of this article may request of the sending
agency, or any other
appropriate officer or agency of or
in the sending agency's state,
and shall be entitled to receive therefrom, such supporting or
additional information as
it may deem necessary under the
circumstances
to carry out the purpose and policy of this compact. ARTICLE IV. Penalty
for Illegal Placement
The sending, bringing,
or
causing to be sent or brought into any receiving state of a child in
violation of the terms
of
this compact shall constitute a violation
of the laws
respecting
the placement of children of both the state in which the sending
agency
is located or from which it sends or brings the child and
of the receiving state.
Such ARTICLE
V. Retention of Jurisdiction
(a) The sending
agency
shall
retain jurisdiction over the child sufficient to
determine all matters
in
relation to the custody, supervision, care, treatment
and disposition of the child which it
would have had if the child had remained in the sending agency's
state,
until the child is adopted, reaches majority, becomes
self-supporting
or is discharged with the concurrence of the
appropriate
authority in the receiving state. Such
jurisdiction shall
also include the power to effect or cause the return of the
child or its transfer to another location and custody
pursuant to law. The sending agency shall
continue to have financial responsibility for support and
maintenance of the child during the period of the placement.
Nothing contained herein
shall defeat a claim of jurisdiction by a receiving state
sufficient
to deal with an act of delinquency or crime committed therein. ARTICLE VI.
Institutional
Care of Delinquent Children
A child adjudicated delinquent
may be placed in an institution in another party jurisdiction
pursuant to this compact but no such placement shall be made
unless the child is given a court
hearing on notice to the parent or guardian with opportunity to be
heard,
prior to his being sent to such other party jurisdiction for
institutional care and the court finds that: ARTICLE VII. Compact
Administrator
The executive head of each
jurisdiction party
to this compact shall designate an officer who shall be
general
coordinator
of activities under this compact in his jurisdiction and who,
acting jointly with
like officers of other party jurisdictions, shall
have
power to promulgate rules and regulations to carry
out more
effectively
the terms and ARTICLE VIII.
Limitations
This compact shall not apply to: ARTICLE IX.
Enactment and Withdrawal
This compact shall be open to joinder
by
any
state, territory or possession of
the United States, the District of Columbia, the
Commonwealth of
Puerto Rico, and, with the consent
of Congress, the Government of Canada or any province
thereof. It shall become
effective with respect to any such jurisdiction when such jurisdiction
has
enacted the same into law. Withdrawal from this
compact shall be by the enactment of a statute repealing the same,
but shall not take effect until two years after the effective
date of
such statute and until written notice of the withdrawal has been
given by the withdrawing
state to the Governor of each other party jurisdiction.
Withdrawal
of a party state shall not affect the rights, duties and obligations
under this compact of any sending agency therein with
respect to a
placement made prior to the effective date of withdrawal. ARTICLE X.
Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. (Source: P.A. 78-1198.) (45 ILCS 15/2) (45 ILCS 15/3) (45 ILCS
15/4) (45 ILCS
15/5) (45 ILCS 15/6) (45 ILCS 15/7) (45 ILCS 15/8) Sec. 9. As used in Article VII of the Interstate Compact on the Placement of Children, the term "executive head" means the Governor. The Governor is authorized to appoint a compact administrator in accordance with the terms of said Article VII. (Source: P. A. 78-1198.) |

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A word about the Google ads being added
to this site.
Over the years,
I have received hundreds of phonecalls and emails for
recommendations of and referrals to family-law and civil rights
attorneys and self-help groups across this nation, 3500 miles wide and
1500 deep plus Hawaii and Alaska. Clearly, it is impossible
for me to be responsive to these requests.
Sooooo . . . not only can the few dollars from the ads pay for the expenses of this website, you, too, can also benefit: you can learn on your own which attorneys and which self-help groups in those areas of the law are available to help you. Hoping that the ads will give you sufficient information to satisfy your requests for recommendations and referrals, I have been reformatting the files on this website to accommodate the maximum number of ads that Google's policy allows per file. By the way, I have no control over which ads appear. They are chosen by Google according to the content -- I think -- in each file. HELP: Any HTML programmer know how to get rid of the extra <> below the Google ads at the top of the files and the <> in the upper right-hand corners of the Google ads on the right-hand side of the screen? i've wasted hours, if not days, trying to figure out WHY they are there in some files and not in others . . . and how to get rid of them. THANKS!! |
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