1. (1) When the placement of a child is subject to the ICPC, the sending agency must comply with the requirements of the ICPC and OAR 413-040-0200 to 413-040-0292.

2. (2) The ICPC applies to the placement of a child:

   1. (a) With a parent, adoptive family, relative family or a foster family in another state, when the child is in the care or custody of a public child welfare agency;
   2. (b) By any individual or entity into another state if the placement is for adoption; and
   3. (c) By any individual or entity into a licensed residential treatment center located in another state.

3. (3) The ICPC does not apply to the placement of a child:

   1. (a) By the child’s parent, step-parent, grandparent, adult sibling, adult uncle, adult aunt or legal guardian with any such relative or guardian located in another state.
   2. (b) Into a medical facility, psychiatric institution or boarding school located in another state.

   3. (c) When:

      1. (A) The court places the child with a parent from whom the child was not removed; and
      2. (B) The court has no evidence and seeks no evidence of the parent’s unfitness; and
      3. (C) The court relinquishes jurisdiction over the child immediately upon placement with the parent.
4. (4) The ICWA applies to all ICPC placements of an Indian child, except those ICPC placements where the child is placed by a parent into a residential treatment facility.

5. (5) When a child is placed from a foreign country into a state other than Oregon by a private agency licensed in Oregon, the following requirements apply:

   1. (a) When an Oregon licensed agency is placing a child from a foreign country into a state other than Oregon, the ICPC applies if the child enters the United States under an IR4 visa and the entity facilitating the placement has guardianship of the child.
   2. (b) If the Oregon licensed private agency takes custody of the child before placing the child outside the state of Oregon, the ICPC applies.

Statutory/Other Authority

ORS 418.005

Statutes/Other Implemented

ORS 417.200-417.260

History

CWP 28-2019, adopt filed 06/12/2019, effective 06/12/2019