Interstate Compact

The Interstate Compact on the Placement of Children (ICPC) is a law in all 50 states, the District of Columbia, and the Virgin Islands. ICPC must be followed before a child can be placed from one state to another for purposes of residential treatment, foster care and adoption by public and private agencies, the courts, and other independent parties.  The ICPC was created to ensure children who are placed interstate are guaranteed the same protections, services, and financial and jurisdictional safeguards as children placed intrastate. The ICPC assure all the steps required are followed such as home studies, placement approval, supervision and required quarterly reports.

Excluded from the Compact requirements are situations where certain relatives place the child with another relative as allowed by law. Both the placing relative and the receiving relative must meet one of the following categories to be excluded from the compact:

• Parents
• Step-Parents
• Grandparents
• Adult brothers and sisters
• Adult uncles and aunts
• Unrelated legal guardians who both send and receive the child
• Also excluded are placements into educational and medical facilities

Interstate Compact Forms

The Interstate Compact forms are located on our forms and publications page under Child Protection Services. They are available for you to print and use as needed.

• CPS 100A
• CPS 100B

Follow all directions included with each form. If you have questions about a form, please call 605.773.3227.

When pursuing an out of state placement, the documentation needed is shown below.  Placement approval must be given by the receiving state prior to placement being made.

Private Placements in Foster Care, Individual, Group Care or Residential Treatment Require:

• Cover Letter explaining who the proposed placement resource is, the type of resource and the reason this request is being made
• 100A completed and signed
• ICPC Financial/Medical Plan completed and signed
  • A statement from the legal guardian stating they are responsible financially, medically and for the return of the child to South Dakota.
• Potential Placement Statement
• Child Profile
• Legal documentation establishing authority for placement (when not a parent making placement)
• Copy of the Birth Certificate
• Copy of Social Security Card
• Signed Child’s Case Plan
• Medical records/history
• School records
• Relevant background information: psychological, evaluations, IEP’s, etc.
• Acceptance letter from the Residential Treatment Facility in the receiving state when making a placement into a Residential Treatment Facility

Adoptive placements require the following documentation:

Interstate Compact for independent and private adoptions are subject to ICPC  regulations and all adoption laws of sending and receiving states.
The Division of Child Protection Services requires the following to complete the Interstate Compact for Adoption:

• Background information on the biological parents;
  
  
• If termination of parental rights is taking place in South Dakota, the name of the South Dakota guardian appointed for the child who has authority to consent to the adoption. If termination of parental rights is not taking place in South Dakota, please send the Adoption Unit a copy of the adoption consent forms. Please be sure that the parental rights of the mother, biological father and legal father, if different, have been addressed.

• A copy of the written report of counseling for termination of parental rights as provided by SDCL 25-5A-24 that documents the requirements of SDCL 25-5A-22 and SDCL 25-5A-23 have been met.

• An approved adoptive home study as defined in SDCL 25-6-9.1, completed by a licensed child placement agency or a licensed social worker who meets the requirements. CPS must be provided with the name and address of the agency or person doing the adoptive home study. The name and address of who will be providing post placement supervision prior to finalization must also be provided.

• Complete the ICPC-100A. Complete Section I - Identifying Data, Section II -Placement Information and Section III - Services Requested.  The ICPC 100A must be signed by the birth parent or person or agency who has guardianship of the child

• Name, date, and place of birth of the child
  
  
• Copy of the court order terminating the parental rights of both biological and legal parents
  
  
• If done by consent, a legal risk statement must be signed by the adoptive parents stating they understand the rights have not been terminated and should the birth parents want the child back, they must return the child
  
  
• Birth and health information on the child

Send a copy of the above information to
Kathleen Miller, ICPC-IVE Program Specialist
Division of Child Protection Services
700 Governors Drive
Pierre, South Dakota 57501         
605.773.3227