Texas Child Protection Law Bench Book

August 2015 edition

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)