(a) Applicability of rule (Fam. Code, § 7900 et seq.).
This rule implements the purposes and provisions of the Interstate Compact on the Placement of Children (ICPC, or the compact). California juvenile courts must apply this rule when placing children who are dependents or wards of the juvenile court and for whom placement is indicated in any other state, the District of Columbia, or the U.S. Virgin Islands.
(1) This rule applies to expedited placements as described in (h).
(2) This rule does not apply to placements made under the Interstate Compact for Juveniles (Welf. & Inst. Code, § 1400 et seq.).
(Subd (a) amended effective January 1, 2013; previously amended effective January 1, 2007.)
(b) Definitions (Fam. Code, § 7900 et seq.; ICPC Regulations).
(1) "Placement" is defined in article 2(d) of the compact. It includes placements with a relative, as defined in Regulation No. 3, paragraph 4, item 56; a legal guardian of the child; a placement recipient who is not related to the child; or a residential facility or group home as defined in Regulation No. 4.
(A) A court's directing or making an award of custody to a parent of the child or placing a child with his or her parent is not a placement requiring compliance with this rule.
(B) The following situations each constitute a placement, and the compact must be applied:
(i) An order causing a child to be sent or brought to a person, other than a parent, in a compact jurisdiction without a specific date of return to the sending jurisdiction;
(ii) An order causing a child to be sent or brought to a person, other than a parent, in a compact jurisdiction with a return date more than 30 days from the start of the visit or beyond the ending date of a school vacation period, under Regulation No. 9;
(iii) An out-of-state placement for the purpose of an anticipated adoption, whether independent, private, or public;
(iv) An out-of-state placement with a related or unrelated caregiver in a licensed or approved foster home;
(v) An out-of-state placement with relatives, except when a parent or relative sends or brings the child to the relative's home in the receiving state, as defined in article 8(a) of the ICPC; or
(vi) An out-of-state group home or residential placement of any child, including a child adjudicated delinquent.
(2) "Child," for the purposes of ICPC placement, includes nonminor dependents up to age 21. If a California nonminor dependent is to be placed out of state, the placing county may request supervision from the receiving state, but such services are discretionary. If the receiving state will not supervise the nonminor dependent, the sending county must make other supervision arrangements, which may include contracting with a private agency to provide the supervision.
(3) "Parent," as used in this rule, does not include de facto parents or legal guardians.
(4) ICPC Regulations Nos. 3, 4, 5, 9, 10, 11, and 12 contain additional definitions that apply to California ICPC cases, except where inconsistent with this rule or with California law.
(Subd (b) amended effective January 1, 2014; previously amended effective January 1, 2007, and January 1, 2013.)
(c) Compact requirements (Fam. Code, § 7901; ICPC Regulations).
Whenever the juvenile court makes a placement in another jurisdiction included in the compact or reviews a placement plan, the court must adhere to the provisions and regulations of the compact.
(1) Cases in which out-of-state placement is proposed in order to place a child for public adoption, in foster care, or with relatives, and where the criteria for expedited placement are not met, must meet all requirements of Regulation No. 2, except where inconsistent with California law.
(2) Expedited placement cases must meet the requirements in (h) and of Regulation No. 7, except where the requirements of Regulation No. 7 are inconsistent with California law.
(3) Cases in which out-of-state placement is proposed in order to place a child in a residential facility or group home must meet all the requirements of Regulation No. 4, except where inconsistent with California law.
(Subd (c) amended effective January 1, 2014; previously amended effective January 1, 2007, and January 1, 2013.)
(d) Notice of intention; authorization (Fam. Code, § 7901).
A sending jurisdiction must provide to the designated receiving jurisdiction written notice of intention to place the child, using Form ICPC-100A: Interstate Compact on the Placement of Children Request.
(1) The representative of the receiving jurisdiction may request and receive additional information as the representative deems necessary.
(2) The child must not be placed until the receiving jurisdiction has determined that the placement is not contrary to the interest of the child and has so notified the sending jurisdiction in writing.
(Subd (d) amended effective January 1, 2013; previously amended effective January 1, 2007.)
(e) Placement of delinquent children in institutional care (Fam. Code, §§ 7901, art. 6, and 7908; ICPC Reg. No. 4, § 2).
A child declared a ward of the court under Welfare and Institutions Code section 602 may be placed in an institution in another jurisdiction under the compact only when:
(1) Before the placement, the court has held a properly noticed hearing at which the child, parent, and guardian have had an opportunity to be heard;
(2) The court has found that equivalent facilities for the child are not available in the sending jurisdiction; and
(3) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship for the child or his or her family.
(Subd (e) amended effective January 1, 2014; previously amended effective January 1, 2007, and January 1, 2013.)
(f) Relocation of Family Units (ICPC Reg. No. 1).
(1) The ICPC applies to family relocation cases when the child has been placed and continues to live with a family approved by California, the family relocates to another state with the child, and supervision by California is ongoing.
(2) The ICPC does not apply when the family with whom the child is placed relocates to another state and there will be no ongoing supervision by the sending state or the relocation will be temporary (90 days or less) and will not recur.
(3) Additional procedural requirements for cases involving relocation of family units are in ICPC Regulation No. 1.
(Subd (f) adopted effective January 1, 2013.)
(g) Placing a Child With an Out-of-State Parent (Fam. Code, §§ 7901, art. 5(b), and 7906; ICPC Reg. No. 2, § 3).
When a child will be placed with his or her parent in another state, compliance with the requirements of the ICPC is not required. However, the court has discretion to take the steps it deems necessary to ensure the child's safety and well-being in that placement. Those steps may include:
(1) Directing the child welfare agency to request an independent, non-ICPC home study or courtesy check;
(2) Directing the child welfare agency to enter into a contract with a public or private agency in the receiving state to obtain a home study or other needed information;
(3) Directing the child welfare agency to enter into an informal agreement with a public or private agency in the receiving state, or requesting a courtesy check from such an agency, to obtain needed information; or
(4) Any other steps that the court deems necessary to ensure the child's safety and well-being.
(Subd (g) adopted effective January 1, 2013.)
(h) Expedited placement (ICPC Reg. No. 7).
When seeking expedited approval of an out-of-state placement of a child with a relative or guardian, a California court may designate a proposed placement as an expedited placement by using procedures described in this section.
(1) Expedited placement under Regulation No. 7 does not apply to any situation in which a California child is being placed with his or her parent in another state.
(2) Before the court orders an expedited placement, the court must make express findings that the child is a dependent child removed from and no longer residing in the home of a parent and now being considered for placement in another state with a stepparent, grandparent, adult aunt or uncle, adult sibling, or legal guardian. In addition, the court must find that the child to be placed meets at least one of the following criteria:
(A) Unexpected dependency due to the sudden or recent incarceration, incapacitation, or death of a parent or guardian. Incapacitation means the parent or guardian is unable to care for the child due to the parent's medical, mental, or physical condition;
(B) The child is 4 years of age or younger;
(C) The child is part of a group of siblings who will be placed together, where one or more of the siblings is 4 years of age or younger;
(D) The child to be placed, or any of the child's siblings in a sibling group to be placed, has a substantial relationship with the proposed placement resource as defined in section 5(c) of Regulation No. 7; or
(E) The child is in an emergency placement.
(3) Before the court orders an expedited placement, the child welfare agency must provide to the court, at a minimum, the documents required by section 7(a) and (b) of Regulation No. 7:
(A) A signed statement of interest from the potential placement, or a written statement from the assigned case manager affirming that the potential placement resource confirms appropriateness for the ICPC expedited placement decision process. The statement must include all items listed in Regulation No. 7, section 7(a); and
(B) A statement from the assigned case manager or other child welfare agency representative stating that he or she knows of no reason why the child could not be placed with the proposed placement and that the agency has completed and is prepared to send all required paperwork.
(4) On findings of the court under (h)(2) and (3) that the child meets the criteria for an expedited placement and that the required statements have been provided to the court, the case must proceed as follows:
(A) The court must enter an order for expedited placement, stating on the record or in the written order the factual basis for that order. If the court is also requesting provisional approval of the proposed placement, the court must so order, and must state on the record or in the written order the factual basis for that request.
(B) The court's findings and orders must be noted in a written order using Expedited Placement Under the Interstate Compact on the Placement of Children: Findings and Orders (form JV-567), which must include the name, address, e-mail address, telephone number, and fax number of the clerk of court or designated court administrator.
(C) The order must be transmitted by the court to the sending agency of the court's jurisdiction within 2 business days of the hearing or consideration of the request.
(D) The sending child welfare agency must be ordered to transmit to the county ICPC Liaison in the sending jurisdiction within 3 business days of receipt of the order the following:
(i) A copy of the completed Expedited Placement Under the Interstate Compact on the Placement of Children: Findings and Orders (form JV-567); and
(ii) A completed Interstate Compact on the Placement of Children Request (form ICPC-100A), along with form ICPC-101, the statements required under section (h)(3), above, and all required supporting documentation.
(E) Within 2 business days after receipt of the paperwork, the county ICPC Liaison of the sending jurisdiction must transmit the documents described in (D) to the compact administrator of the receiving jurisdiction with a request for an expedited placement decision, as well as any request for provisional placement.
(5) The compact administrator of the receiving jurisdiction must determine immediately, and no later than 20 business days after receipt, whether the placement is approved and must transmit the completed written report and form ICPC 100A, as required by Regulation 7, section 9, to the county ICPC Liaison in the sending jurisdiction.
(6) The transmission of any documentation, request for information, or decision may be by overnight mail, fax, e-mail, or other recognized, secure method of communication. The receiving state may also request original documents or certified copies if it considers them necessary for a legally sufficient record.
(7) When California is the sending state and there appears to be a lack of compliance with Regulation No. 7 requirements by state officials or the local child welfare agency in the receiving state regarding the expedited placement request, the California judicial officer may communicate directly with the judicial officer in the receiving state.
(A) This communication may be by telephone, e-mail, or any other recognized, secure communication method.
(B) The California judicial officer may do any one or more of the following:
(i) Contact the appropriate judicial officer in the receiving state to discuss the situation and possible solutions.
(ii) Provide, or direct someone else to provide, the judicial officer of the receiving state with copies of relevant documents and court orders.
(iii) Request assistance with obtaining compliance.
(iv) Use Request for Assistance With Expedited Placement Under the Interstate Compact on the Placement of Children (form JV-565) to communicate the request for assistance to the receiving state judicial officer. When this form is used, a copy should be provided to the county ICPC Liaison in the sending jurisdiction.
(8) All other requirements, exceptions, timelines, and instructions for expedited placement cases, along with procedures for provisional approval or denial of a placement and for removal of a child from the placement, are stated in Regulation No. 7.
(Subd (h) relettered and amended effective January 1, 2013; adopted as subd (f); previously amended effective January 1, 2007.)
(i) Authority of sending court or agency to place child; timing (ICPC Reg. No. 2, § 8(d), and Reg. No. 4, § 8).
(1) When the receiving state has approved a placement resource, the sending court has the final authority to determine whether to use the approved placement resource. The sending court may delegate that decision to the sending state child welfare agency or probation department.
(2) For proposed placements of children for adoption, in foster care, or with relatives, the receiving state's approval expires six months from the date form ICPC-100A was signed by the receiving state.
(3) For proposed placements of children in residential facilities or group homes, the receiving state's approval expires 30 calendar days from the date form ICPC-100A was signed by the receiving state. The 30-day time frame can be extended by mutual agreement between the sending and receiving states.
(Subd (i) amended effective January 1, 2014; adopted effective January 1, 2013.)
(j) Ongoing jurisdiction.
If a child is placed in another jurisdiction under the terms of the compact, the sending court must not terminate its jurisdiction until the child is adopted, reaches majority, or is emancipated, or the dependency is terminated with the concurrence of the receiving state authority.
(Subd (g) relettered effective January 1, 2013; adopted as subd (g); previously amended effective January 1, 2007.)
Rule 5.616 amended effective January 1, 2014; adopted as rule 1428 effective January 1, 1999; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2013.
Advisory Committee Comment
Urgency of ICPC Matters..Implementation of the ICPC has long frustrated judicial officers and other professionals. The overriding concern is that the process takes too long, and children cannot wait. In all ICPC actions, there should be a sense of urgency, and all professionals involved should take action as quickly as possible.
Subdivision (h)(7)..Judicial officers requesting assistance under subdivision (h)(7) from the receiving state judge or judicial officer should be cognizant of ethical concerns raised by such ex parte communication. These concerns can be addressed in various ways, including but not limited to using form JV-565, obtaining a stipulation from all parties to permit judge-to-judge phone or e-mail contact, or conducting the discussion by phone with parties and a court reporter present.
Validity of California Placements in Receiving Jurisdictions..When a California child is placed with an out-of-state parent, and the placement is consistent with California law, the receiving jurisdiction may consider the placement invalid if it does not comply with the law of the receiving jurisdiction. In this situation, the receiving jurisdiction would have no obligation to provide services.
Regulations and Forms..The ICPC regulations and forms can be found on the website of the Association of Administrators of the Interstate Compact on the Placement of Children at http://icpc.aphsa.org/.