Section 465 IAC 2-3-1 - Interstate compact on the placement of childrenAuthority: IC 12-13-5-3
Affected: IC 12-17-8
Sec. 1.
(a) Definitions as used in 470 IAC 3-5.1:(1) "Child" means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.(2) "Sending agency" means a party state, or officer or employee thereof; a subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which sends, brings, or causes to be sent or brought any child to another party state.(3) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.(4) "Placement" means the arrangement for the care of a child by an individual in a free home, in a boarding home, or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility.(b) Placements requiring state department of public welfare (SDPW) approval. The following interstate placements must be approved by the SDPW: (1) Child in the custody of an out-of-state court or agency placed in Indiana in an adoptive home, a foster home licensed by the SDPW, a parent or relative home or a child caring facility, licensed by the SDPW.(2) Child in the custody of an out-of-state court or agency moving to Indiana with an adoptive family prior to legal finalization of the adoption.(3) Child in the custody of an out-of-state court or agency moving to Indiana with a parent, guardian or relative or foster family.(4) Child not in the custody of an out-of-state court or agency placed in an adoptive home in Indiana.(c) SDPW prior approval. The SDPW must give prior approval before placement of such a child from another state is made. This approval is based on: (1) Review by the SDPW of a current home study of the proposed foster, adoptive or relative home by an Indiana county department of public welfare (CDPW) or licensed, child placing agency (LCPA).(2) Review by the SDPW and CDPW or LCPA of social, medical and legal information on the child(ren) to be placed provided by an out of state child placing agency licensed, approved or authorized by the sending state.(i) If the child is to be adopted in Indiana legal information must include verification the child is legally free for adoption.(ii) In the case of non-agency sponsored adoptive placements the social, medical and legal information shall be provided by the child's legal guardian.(3) ICPC 100A's (INTERSTATE COMPACT APPLICATION REQUEST TO PLACE A CHILD) completed by the sending court or agency and signed by the sending state interstate compact on placement of children (ICPC) administrator. In the case of non-agency sponsored adoptive placements there shall be a guardian for the child appointed by a court in the sending state. This guardian may be any competent adult other than either birth parent or either adoptive parent. This guardian shall be a full guardian of the person, willing and able to assume full financial responsibility for the child should the child not be legally adopted in Indiana, including returning the child to the sending state.
Department of Child Services; 465 IAC 2-3-1; filed Sep 15, 1986, 9:45 am: 10 IR 223; errata, 10 IR 887; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFATransferred from the Division of Family Resources ( 470 IAC 3-5.1-1) to the Department of Child Services ( 465 IAC 2-3-1) by P.L. 234-2005, SECTION 195, effective July 1, 2005.