C. Jurisdiction vs. Process

When a case comes before a juvenile or family court, the issue of jurisdiction will always precede the question of whether the ICPC applies. Thus, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), its predecessor, the Uniform Child Custody Jurisdiction Act (UCCJA), and the Parental Kidnapping Prevention Act (PKPA) must be considered to determine whether the court and child welfare agency have continuing jurisdiction over child custody, which is precedent to the question of authority to place a child out-of-state. Case law in J.D.S. v. Franks differentiates between the jurisdictional components of the UCCJA and the purview of the ICPC. J.D.S. v. Franks, 893 P.2d 732 (Ariz. 1995). In Franks, the Supreme Court of Arizona explained that the compliance with the ICPC is not a prerequisite for exercising jurisdiction because the ICPC merely establishes a procedure to follow when a placement is made. Thus, the validity of a court's exercise of jurisdiction depends on the UCCJA (or UCCJEA) and PKPA. Franks spells out that the ICPC governs procedure, whereas the UCCJA (or UCCJEA) and PKPA govern jurisdiction. Likewise, in White v. Adoption of Baby Boy D., the Supreme Court of Oklahoma held that the ICPC does not negate subject matter jurisdiction. White v. Adoption of Baby Boy D., 2000 OK 44, 10 P.3d 212 (Okla. 2000).