If the receiving state does not approve a placement request, DFPS must not recommend the placement to the court. Making a placement in violation of the Interstate Compact on the Placement of Children (ICPC) is a Class B misdemeanor in Texas.

Texas Family Code §§162.102 Article IVExternal Link, 162.107External Link

If the other state’s compact office does not approve the placement request, the child’s Texas caseworker must:

  •   notify the Texas court that the other state denied the placement; and

  •   recommend against placing the child with that caregiver.

The child’s Texas caseworker must close the ICPC case in IMPACT and keep in the external paper file all of the copied, faxed, or emailed documents used to create the placement request packet.

If the court orders the child to be placed in an unapproved placement, the placement violates the law and the other state is not obligated to provide courtesy supervision. In such an instance, DFPS must object to the placement on the record.

See 5314 Court Orders That Violate the Interstate Compact on the Placement of Children.