1. (a)

   1. (1) The Interstate Compact on the Placement of Children (ICPC), Arkansas Code § 9-29-201 et seq., is used to move children in need of a foster or preadoptive placement, adoption across state lines, or reunification with parents in an orderly and timely manner.
   2. (2) A child in foster care is defined as a child who has been removed from the home of his or her parent, guardian, or custodian by a court of competent jurisdiction and whose custody has been placed with a private or public agency.
   3. (3) Foster care shall not include placement in a residential facility by a parent if a child welfare agency or court is not involved with the parent or child through an open case or investigation.

2. (b)

   1. (1) When a child requires placement for foster care or a possible adoption outside the resident state, the Division of Children and Family Services shall use the ICPC process.
   2. (2) The Division of Children and Family Services will ensure all potential out-of-state relative placements are given the same opportunity as in-state relative placements to become foster homes.
   3. (3) Homes of relatives approved under the articles of ICPC will be considered approved foster homes.
   4. (4) Unless authorized by the ICPC, all communications with other states regarding approval of placement, progress reports, disruption of placement, or termination of the ICPC case should process through the Arkansas ICPC Central Office to the ICPC liaisons.
3. (c) For the most up-to-date information regarding ICPC articles and regulations, go to Error! Hyperlink reference not valid.https://aphsa.org/AAICPC/default.aspx.

4. (d) The ICPC process ensures:

   1. (1) Proper extensions of authority into the receiving state;
   2. (2) The sending agency can obtain home studies for proposed placements, is identified as legally and financially responsible, and does not lose jurisdiction once the child leaves the sending state;
   3. (3) The receiving agency can determine the placement is not “contrary to the child’s interests” and that all applicable laws and policies have been followed;
   4. (4) Supervision is maintained out-of-state and the sending agency receives progress reports;
   5. (5) Maximum opportunity for each child to be suitably placed;
   6. (6) Proper information to authorities in the receiving state; and
   7. (7) Effective utilization of cross-jurisdictional resources to facilitate timely foster, adoptive, or permanent placements.

5. (e) Children placed out-of-state are to go through ICPC when one (1) of the following placements occurs:

   1. (1) Foster care placements;
   2. (2) Preadoptive placements;
   3. (3) Adoptive placements; or
   4. (4) Parent, other relative, or nonagency guardian placements.

6. (f)

   1. (1) If guardianship is established as a prelude to a nonrelative adoption, the guardian shall comply with this compact.
   2. (2) If in doubt, request clarification from the Arkansas Interstate Compact Unit in Central Office.

   3. (3) Types of placements that are not covered by ICPC include:

      1. (A) Divorce or custody investigations involving home studies;
      2. (B) Placement of a probationer, parolee, or aftercare juvenile;
      3. (C) Interstate placement of children with mental disabilities;
      4. (D) Placement into a primarily educational institution;
      5. (E)

7. (i) Runaways from Arkansas to another state or to Arkansas from another state.

   1. (ii) See 9 CAR § 40-742 about other compacts;

      1. (F) Kidnapped children transported out-of-state;
      2. (G) Visits that do not extend beyond thirty (30) days and are not preplacement visits; and
      3. (H) Placement outside the resident state when custody will be transferred to that person.

8. (g)

   1. (1) Division of Children and Family Services caseworkers should not directly contact the ICPC offices in other states, but should direct their communication to the ICPC liaisons in their area.
   2. (2) Liaisons will then communicate with Central Office.
   3. (3) Interstate communication between field staff from the involved states is discouraged, except for the routine sharing of information, which is not related to case approval, progress reports, disruption, or termination of placement.
   4. (4) The juvenile division of circuit court shall retain jurisdiction to issue orders of adoption, interlocutory or final, when a child is placed outside the State of Arkansas.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "08/2013"