9. Interstate Compact on the Placement of Indian Children

Approval: Jennifer Strus, Assistant Secretary

Original Date: September 1, 1991

Revised Date: September 12, 2016

Policy Review: June 30, 2020

Purpose

The Interstate Compact on the Placement of Children (ICPC) applies to Indian Children:

  • In the care and custody of Children’s Administration and placement is being sought across state lines.
  • Under the jurisdiction of a tribe and the tribe requests CA involvement in placement across state lines.

Laws

RCW 26.34 Interstate Compact on Placement of Children

RCW 13.38 Washington State Indian Child Welfare Act (WICWA)

Scope

This policy applies to Division of Children and Family Services staff.

Policy

  1. CA must follow placement preferences contained in the federal and state Indian Child Welfare Acts for an Indian child in the care and custody of CA.
  2. CA caseworkers must follow CA Interstate Compact on Placement of Children (ICPC) policies when:
    1. Considering out-of-state placement for an Indian child in the care and custody of CA.
    2. A federally recognized tribe has jurisdiction, and requests CA involvement to place an Indian child across state lines including payment for placement and services, e.g., foster care, group care or other services for the child.
    3. A federally recognized tribe has jurisdiction and requests CA involvement to place an Indian child across state lines without payment assistance.
    4. A sending state submits an ICPC request to CA HQ ICPC.
  3. CA will maintain jurisdiction of an Indian child in CA’s care and custody who is placed out-of-state.
  4. When a federally recognized tribe chooses to work through the state Headquarters (HQ) ICPC, the tribe must agree to follow all parts of the ICPC regulations and laws.
  5. ICPC is not required if a federally recognized tribe places an Indian child in their jurisdiction out-of-state without CA involvement.

Procedures

  1. ICPC Out-of-State
    1. When a Washington state federally recognized tribe requests out-of-state placement of an Indian child under tribal jurisdiction, HQ ICPC determines if a receiving state will accept an ICPC request. A CA caseworker may assist the tribe in referring their request to ICPC HQ.
    2. If an ICPC request is accepted, follow CA ICPC Out-of-State policy and:
      1. HQ ICPC must have the approved and signed ICPC Placement Request 100A DSHS 15-092 and approved home study (not required for residential placements), prior to the tribe placing the child out of state.
      2. The CA caseworker completes the ICPC Placement Request 100A DSHS 15-092, showing the tribe as having legal custody and showing CA as having financial responsibility when a tribe uses the ICPC process, and CA makes payment for placement or related services.
  2. ICPC in Washington State
    Follow Washington state ICPC policy when CA HQ ICPC receives a written request from another state for placement.

Forms

  • ICPC Packet Checklist located on the ICPC Page on the CA Intranet

Resources

Contact CA HQ ICPC at waicpc@dshs.wa.gov or 360.902.7984 with ICPC questions.