18 Miss. Code. R. 6-1-H-IV
The Compact law establishes orderly and uniform procedures for the interstate placement of children and assigns responsibility for those involved in placing the child. The ICPC contains 10 Articles and every state's ICPC contains basically the same Articles. Each Article defines a specific function of the law including identifying the types of placements and placers subject to the law; the procedures to be followed in making an interstate placement; and the specific protections, services, and requirements brought by enactment of the law.
Articles II (d), III and VI of the ICPC identify the four types of placements of children which are subject to compliance:
Not all placements of children into other states are subject to compliance with the Compact. The Compact does not include placements made in medical and mental health facilities or in boarding schools, or "any institution primarily educational in character." (MISS. CODE ANN. § 43-18-1.II.d.)
Article II (b) of the ICPC defines who must use the Compact when they "send, bring, or cause a child to be brought or sent" to another member state. These agencies, courts, persons, and other entities called " the Sending Agent" are:
Not all Sending Agents who place children out of state are required to seek compliance under the ICPC. Article VIII (a) of the ICPC excludes from coverage, placements made from certain individuals to certain enumerated individuals. Specifically:
Child Protective Services investigations require contacts in other states which include: reports on the circumstances of a child or family and the location of a child or an adult. This includes enrollment in school, supervision, a well-being check and other services that are not subject to ICPC procedures. Contact the Child Protective Services Hotline in each state for further information and/or assistance.
Articles I and V of the ICPC outlines the safeguards provided for both the child and the parties involved in the child's placement:
These safeguards are routinely available when the child, the person, or responsible agency and the placement are all in a single state or jurisdiction. When the placement involves two states or jurisdictions, however, these safeguards are available through the Compact.
Articles I, III, and V serve as the basis for the procedures for ICPC compliance including the referral and home study processes, the basis for and the authority to issue a decision regarding the placement, the case-management and closure processes, including permanency or disruption for each child. It details specific procedural application and best practice for compliance.
Article IV of the ICPC specifies penalties which may be taken if violations are made under Article III and V of the ICPC. Interstate placements made in violation of the law constitute a violation of the "laws respecting the placement of children of both the state in which the Sending Agency is located or, from which it sends or brings the child and of the receiving state" (Article IV).
Violators are subject to punishment or penalties in both jurisdictions in accordance with their laws. In addition to liability for any such punishment or penalty, any violation shall constitute full and sufficient grounds for suspension or revocation of any license, permit or other legal authorization held by the Sending Agent which empowers or allows a child to be placed.
18 Miss. Code. R. 6-1-H-IV