This sub-section describes procedures and protocols when seeking to place a child in another state or when another state wishes to place a child in Missouri. There are five interstate compacts, which impact the placement of children across state lines. They are:
- Interstate Compact on the Placement of Children (ICPC)
- Interstate Compact on Adoption and Medical Assistance (ICAMA)
- Interstate Compact on Juveniles (ICJ) and
- Interstate Compact on Mental Health (ICMH).
- Interstate Compact of Educational Opportunity for Military Children (ICEOMC)
The two Compacts, which primarily impact the Children’s Division, are ICPC and ICAMA.
The Interstate Compact on the Placement of Children (ICPC) is a legally binding contract among member states approved by the U.S. Congress and the legislatures of all 50 states, District of Columbia, and the U.S. Virgin Islands as uniform law. The law governing ICPC in Missouri is found in Section 210.620, RSMo.
ICPC assures the protection of children crossing state lines and ensures they receive the same supports and services as if they remained in their own state. The Compact establishes orderly procedures for placements and outlines the responsibility of each state.
The Interstate Compact of Adoption and Medical Assistance (ICAMA) requires states to provide Medicaid (Title XIX) to eligible children with an adoption subsidy agreement, when that child’s family moves between member states. Currently, all states except Vermont and Wyoming are members of ICAMA. The territories of the Virgin Islands and Puerto Rico are also nonmembers. The law governing ICAMA is found in Sections 453.500 & 453.503, RSMo.
The other two compacts: ICJ is under the Department of Youth Services; ICMH is under the Department of Mental Health and the ICEOMC is administered and managed by a compact commissioner appointed by the Governor.
Type of Placements Governed By the ICPC
The ICPC applies when children are to be placed in the following settings:
- Interstate adoptive placements;
- Interstate placement for care into relative or kinship placements, foster homes, group homes, and/or residential treatment;
- Interstate placement with parents and relatives when there is court jurisdiction; or
- Interstate placement of adjudicated delinquents only when placement is sought for residential treatment.
Type of Placements Exempt From the ICPC
The compact does not apply when placement is sought under any of the following circumstances:
- Interstate placement from birth parent to birth parent, when there is no court jurisdiction;
- Interstate placement from birth parent to relative (as defined in RSMo 210.620 Article VIII), when there is no court jurisdiction;
- Interstate placement from legal guardian to birth parent or relative, when there is no court jurisdiction;
- Interstate placement to a medical or psychiatric hospital;
- Interstate placement to an educational program (Job Corp, college, etc.);
- Interstate placement of adjudicated delinquents unless placement is sought for residential treatment (see above);
- Divorce/custody assessments;
- International adoptions when the United States Citizenship and Immigration Services (USCIS) has issued an IR-3 visa (adopted in the child’s country of origin);
- Placement of a child into/or out of Canada, Puerto Rico, Guam/American Samoa or any other foreign country; or
- Children under court jurisdiction visiting a relative/parent for 30 days or less. Anything over 30 days is considered a placement and would be subject to ICPC.
Prior to making an ICPC referral:
The Children’s Service Worker must contact the proposed caretaker, to determine whether they are interested in providing for the child before making a formal ICPC request. The Children’s Service Worker will use the CD-ICPC-104 to document this contact.
If it is the plan to make a maintenance payment to the resource when the placement is approved, a foster home study should be requested regardless of the degree of relationship.
Related Practice Alerts and Memos:
1-16-20 – CD20-07 – Interstate Compact Policy and Procedure Changes
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