Out-of-State (OOS) Placements

 The Interstate Compact of the Placement of Children (ICPC) governs OOS placements. It helps the county meet AFDC-FC service requirements for children and non-minor dependents placed out-of-state by creating a formalized process of reciprocal service provision outlined in the Interstate Compact Act. The receiving state will provide services to California dependents under the terms of the ICPC. All 50 states and the Virgin Islands have enacted the ICPC into their statutes. The CDSS decentralized the administration of the ICPC and delegated case-processing functions to counties in 1991. California is a member of the Compact, and ICPC remains state law.

The ICPC does not apply to non-agency relative placements or when a placement is subject to another interstate compact, (i.e., the Interstate Compact on Juveniles which applies to juveniles on probation). Additionally, the ICPC does not apply to placements made to facilities located on the reservations of federally recognized Indian tribes where those tribes have assumed responsibility for providing services. In such cases, the sending county must request services from the local tribal authority.

For information regarding non-minor dependents, refer to NMDs Placed Out of State/Interstate Compact on the Placement of Children (ICPC).

ACLs 21-141, 21-141E, ACL 22-52, 22-33
Effective January 1, 2022, California expanded the Approved Relative Caregiver (ARC) program to allow children and non-minor dependents (NMDs) to reside out-of-state with their relative caregivers and continue to receive an ARC payment.

Note: ARC court-specified placements are not eligible for OOS placements because they will not pass the background check.

Interstate Placements Subject to ICPC

The ICPC applies to the following:

  • Placement preliminary to an adoption (includes placements made by public agencies or birth parents)
  • Placement into foster care:
    • Licensed/approved foster family homes
    • Licensed/approved relatives (including ARC)
  • Placement with parents and relatives when a parent or relative is not making the placement.

 

The ICPC does not apply to the following:

  • Non-court cases (independent adoption cases are the exception)
  • Child admitted to a mental institution or hospital
  • Divorce/custody investigation
  • International adoptions
  • Requests received through International Social Services
  • Visits.

Related Topics

OOS Placements Procedures