B. ICPC Applicability
Generally, it applies to any interstate placement of a child over whom the court has jurisdiction. ICPC applies to the following:
• Placements that are preliminary to an adoption whether public or private adoption
• Placements in a licensed or approved foster home, including related and unrelated caregivers
• Placements with parents and relatives when a parent or relative is not making the placement (i.e., the parent does not have legal custody / right to make the placement)
• Placements in group homes or residential placement, including accused or adjudicated delinquents placed in institutions in other states
1. The ICPC does not apply to the following:
• Birth parents placing with a non-custodial birth parent, or a relative as long as no court has assumed jurisdiction of the child to be placed
• Relatives placing with birth parents or another relative as long as no court has assumed jurisdiction of the child to be placed
• A Court with jurisdiction that transfers the child to a non-custodial parent, AND:
◦ does not have evidence before it that such parent is unfit;
◦ does not seek such evidence; and
◦ does not retain jurisdiction over the child after the court places the child
▪ note that the receiving state has no responsibility for supervision or monitoring a placement made under these circumstances
• Placements into schools where the primary purpose for the placement is educational
• Placements into medical and mental facilities
• Tribal Placements (See the Indian Child Welfare Act section below)
• Visits, as long as the visit meets the definition under the ICPC Section I.D.3 (See also Visit vs. Placement section below)