The Interstate Compact on the The Interstate Compact on the

Placement of ChildrenPlacement of Children

ICPC 2012ICPC 2012

11

GoalsGoalsReview Relevant Provisions of ICPC Review Relevant Provisions of ICPC

Statute and RegulationsStatute and Regulations

Discuss Applicability of Current ICPC to Discuss Applicability of Current ICPC to

New York CasesNew York Cases

New ICPCNew ICPC

UCCJEA UCCJEA

22

Background Background ---- ICPCICPC

Section 374Section 374--a of the Social Services Lawa of the Social Services Law

Enacted in New York Enacted in New York ---- 19601960

There are no specific There are no specific OCFSOCFS ICPC RegulationsICPC Regulations

New York ICPC administered by the New York State New York ICPC administered by the New York State

Adoption ServicesAdoption Services

33

Policy and Purpose of ICPC Policy and Purpose of ICPC ––

Article IArticle IEach child requiring placement receives Each child requiring placement receives

the maximum opportunity to be placed in a the maximum opportunity to be placed in a

suitable environment with persons or suitable environment with persons or

institutions having appropriate institutions having appropriate

qualifications and facilities to provide a qualifications and facilities to provide a

necessary and desirable degree and type necessary and desirable degree and type

of care. of care.

Appropriate jurisdictional arrangements Appropriate jurisdictional arrangements

for the care of the children will be for the care of the children will be

promoted.promoted.44

■■ Appropriate authorities in the receiving Appropriate authorities in the receiving

state may have full opportunity to state may have full opportunity to

ascertain in circumstances of the ascertain in circumstances of the

proposed placement, thereby promoting proposed placement, thereby promoting

full compliance with applicable full compliance with applicable

requirements for the protection of the requirements for the protection of the

child.child.

■■ Proper authorities of the sending state Proper authorities of the sending state

may obtain the most complete information may obtain the most complete information

to evaluate the projected placement. to evaluate the projected placement.

55

Definitions Definitions –– Article IIArticle II

Sending agency Sending agency –– a party state, officer or a party state, officer or

employee thereof; a subdivision of a party employee thereof; a subdivision of a party

state, or officer or employee thereof; a court of state, or officer or employee thereof; a court of

a party state; a person, corporation, a party state; a person, corporation,

association, charitable agency or other entity association, charitable agency or other entity

which sends, brings, or causes to be sent or which sends, brings, or causes to be sent or

brought any child to another party state.brought any child to another party state.

66

Definition Definition –– Article IIArticle II

Receiving state Receiving state –– the state to which a child the state to which a child is sent, brought, or caused to be sent or is sent, brought, or caused to be sent or brought, whether by public authorities or brought, whether by public authorities or private persons or agencies, and whether private persons or agencies, and whether for placement with state or local public for placement with state or local public authorities or for placement with private authorities or for placement with private agencies or persons. agencies or persons.

77

Definitions Definitions –– Article II Article II

Placement Placement –– the arrangement for the care the arrangement for the care of a child in a family free or boarding home of a child in a family free or boarding home or in a childor in a child--caring agency or institution.caring agency or institution.

Definition of Definition of ““placementplacement”” does not does not include include any institution caring for the mentally ill, any institution caring for the mentally ill, mentally defective or epileptic or any mentally defective or epileptic or any institution primarily educational in institution primarily educational in character, or any hospital or other medical character, or any hospital or other medical facility.facility.

88

Conditions for Placement Conditions for Placement –– Article IIIArticle III

No sending agency shall send, bring, or No sending agency shall send, bring, or

cause to be sent or brought into any other cause to be sent or brought into any other

party state any child for placement in party state any child for placement in

foster care or as a preliminary to a foster care or as a preliminary to a

possible adoption possible adoption unlessunless the sending the sending

agency shall comply with each and every agency shall comply with each and every

requirement set forth in this article and requirement set forth in this article and

with the applicable laws of the receiving with the applicable laws of the receiving

state governing the placement of children state governing the placement of children

therein.therein.

99

Conditions for Placement Conditions for Placement –– Article IIIArticle III

The child shall not be sent, brought, or The child shall not be sent, brought, or

caused to be sent or brought into the caused to be sent or brought into the

receiving state until the appropriate public receiving state until the appropriate public

authorities in the receiving state notifies authorities in the receiving state notifies

the sending agency, the sending agency, in writingin writing, to the effect , to the effect

that the proposed placement does not that the proposed placement does not

appear to be contrary to the interests of appear to be contrary to the interests of

the child.the child.

Note: Foster care not defined in Note: Foster care not defined in §§374374--aa

1010

1111

Limitations – Article VIII

The ICPC does not apply to:

The sending or bringing of a child into a

receiving state by his (or her) parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his (or

her) guardian and leaving the child withany such relative or non-agency guardian in the receiving state.

…

The ICPC also does not apply toThe ICPC also does not apply to::

Any placement, sending or bringing of a child Any placement, sending or bringing of a child

into a receiving state pursuant to any other into a receiving state pursuant to any other

interstate compact to which both the sending interstate compact to which both the sending

state and the receiving state are party, or to any state and the receiving state are party, or to any

other agreement between said states which has other agreement between said states which has

the force of law. [Article VIII(b)]the force of law. [Article VIII(b)]

Interstate Compact on Juveniles Interstate Compact on Juveniles

1212

Retention of Jurisdiction Retention of Jurisdiction –– Article VArticle V

1313

The sending agency shall retain jurisdiction The sending agency shall retain jurisdiction

over the child sufficient to determine all over the child sufficient to determine all

matters in relation to the custody, matters in relation to the custody,

supervision, care, treatment and supervision, care, treatment and

disposition of the child which it would have disposition of the child which it would have

had if the child had remained in the had if the child had remained in the

sending agencysending agency’’s state.s state.

UNTILUNTIL

THE CHILD IS ADOPTEDTHE CHILD IS ADOPTED

OROR

REACHES AGE OF MAJORITYREACHES AGE OF MAJORITY

OROR

BECOMES SELFBECOMES SELF--SUPPORTINGSUPPORTING

OROR

DISCHARGED WITH THE DISCHARGED WITH THE

CONCURRENCE OF THE CONCURRENCE OF THE

APPROPRIATE AUTHORITY IN THE APPROPRIATE AUTHORITY IN THE

RECEIVING STATE RECEIVING STATE 1414

1515

Jurisdiction Jurisdiction

Jurisdiction also includes the power to Jurisdiction also includes the power to

effect or cause the return of the child or effect or cause the return of the child or

the childthe child’’s transfer to another location and s transfer to another location and

custody pursuant to law.custody pursuant to law.

The sending agency continues to have The sending agency continues to have

financial responsibility for support and financial responsibility for support and

maintenance of the child during the period maintenance of the child during the period

of the placement.of the placement.

Penalty for Illegal Placements Penalty for Illegal Placements ---- Article IVArticle IV

Violation of ICPC placement requirements is Violation of ICPC placement requirements is

a violation of the placement laws of both a violation of the placement laws of both

the sending and receiving states.the sending and receiving states.

Violation may be punished or subjected to Violation may be punished or subjected to

penalty in either jurisdiction in accordance penalty in either jurisdiction in accordance

with its laws.with its laws.

1616

Institutional Care of Juvenile Delinquents Institutional Care of Juvenile Delinquents ––

Article VIArticle VI

1717

Prior to being sent, child is given a court hearing on notice to the parent or

guardian with opportunity to be heard

Court must find:

Equivalent facilities not available in sending agency’s jurisdiction; and

Institutional care in the other jurisdiction is in the

best interests of child and will not produce undue hardship.

1818

Placement Disruptions

If the receiving state determines the placement no longer meets the needs of the child

i.e.: safety, permanency, health, well being

the receiving state may request immediate return within 5 business days

NOTE: The Receiving State request for removal may be withdrawn if the

Sending State arranges services to resolve the reason for the requested

removal and the Receiving and Sending State Compact Administrators

mutually agree to the plan.

Disruption Disruption ––Who do I tell??Who do I tell??

DSS supervising ICPC placement DSS supervising ICPC placement

requires removal of childrequires removal of child

DSS advise sending agency in other state DSS advise sending agency in other state

andand inform New York ICPC officeinform New York ICPC office

New York ICPC office will contact ICPC New York ICPC office will contact ICPC

office of sending stateoffice of sending state

DSS take action necessary to protect the DSS take action necessary to protect the

safety of child in New York safety of child in New York –– SSL SSL §§395 395

1919

New York State Additions to ICPC StatuteNew York State Additions to ICPC Statute

§§374374--a(1) a(1) –– National ICPCNational ICPC

§§374374--a(2)a(2)--(12) (12) ---- Additions enacted by Additions enacted by NYSNYS

Exception to placement limitations in Exception to placement limitations in §§§§374 and 398 of the SSL 374 and 398 of the SSL

Compliance with Compliance with §§374(6) of the SSL374(6) of the SSL

2020

Compact Administrator Compact Administrator ---- Article VIIArticle VII

Executive head of each jurisdiction party to the Executive head of each jurisdiction party to the

ICPC shall designate an officer who shall be ICPC shall designate an officer who shall be

general coordinator of the activities of the ICPCgeneral coordinator of the activities of the ICPC

Such officer, acting jointly with like officers of Such officer, acting jointly with like officers of

other party jurisdictions, shall have power to other party jurisdictions, shall have power to

promulgate rules and regulations to carryout promulgate rules and regulations to carryout

more effectively the provisions of the ICPC.more effectively the provisions of the ICPC.

2121

Association of Administrators of the ICPC Association of Administrators of the ICPC

Established in 1974Established in 1974

Members Members ---- all 50 States, DC and US Virgin all 50 States, DC and US Virgin

Islands Islands

Not Canada and limited role of Puerto RicoNot Canada and limited role of Puerto Rico

Compact Administrator for New York is Brenda Compact Administrator for New York is Brenda

Rivera Rivera

AAICPC is an affiliate of the American Public AAICPC is an affiliate of the American Public

Human Services Association (APHSA) Human Services Association (APHSA)

2222

APHSA APHSA

Provides administrative services to AAICPC.Provides administrative services to AAICPC.

ICPC regulations found on APHSA ICPC Website : ICPC regulations found on APHSA ICPC Website :

http://icpc.aphsa.org/Home/home_news.asphttp://icpc.aphsa.org/Home/home_news.asp

Active involvement in ICPC regulation development Active involvement in ICPC regulation development

process and new ICPC. process and new ICPC.

Regulations, what regulations? You saidRegulations, what regulations? You said…………. .

2323

ICPC RegulationsICPC Regulations

Developed by Committees of ICPC MembersDeveloped by Committees of ICPC Members

Input by ICPC Members (Others?)Input by ICPC Members (Others?)

Reviewed and Approved/Rejected by an Reviewed and Approved/Rejected by an

Executive Committee (ICPC Members) Executive Committee (ICPC Members)

Voted on by ICPC Members Voted on by ICPC Members AttendingAttending Annual Annual

ConferenceConference

Advisory OpinionsAdvisory Opinions

2424

Regulation No. 9Definition of a Visit

Less than 30 days or

begins and ends within the period of a child’s vacation from school

Visit is not considered an ICPC placement

A request for supervision during such a stay will establish the presumption that this is not a visit and will be considered an illegal placement

2525

Regulation No. 7

Expedited Placement DecisionCriteria

Intent: Expedite approval or denial by receiving state for placement with relative or guardian

Criteria -one of the following:

Unexpected dependency or

Child is 4 years of age or younger, including older siblings ofchild 4 years of age or under or

Child has substantial relationship with resource or

Child currently in emergency placement

2626

Priority Regulation No. 7 Request TimeframesPriority Regulation No. 7 Request Timeframes

When New York is the Sending State When New York is the Sending State

2727

ICPC Regulation No.3ICPC Regulation No.3

Definitions and Placement Categories: Definitions and Placement Categories:

Applicability and ExemptionsApplicability and Exemptions

Intent of Regulations #3: To provide Intent of Regulations #3: To provide

guidance in navigating the ICPC guidance in navigating the ICPC

regulations and to assist its users in regulations and to assist its users in

understanding which interstate placements understanding which interstate placements

are governed by, and which are exempt are governed by, and which are exempt

from, the ICPC. from, the ICPC.

2828

ICPC Regulation No. 3ICPC Regulation No. 3

ICPC Applies to: ICPC Applies to: Adoptions: Placements preliminary to an Adoptions: Placements preliminary to an

adoption (independent, private or public)adoption (independent, private or public)

Licensed, certified or approved foster Licensed, certified or approved foster

homes (placement with related or homes (placement with related or

unrelated caregivers)unrelated caregivers)

Group homes/residential placements Group homes/residential placements

Placements with parents and relatives Placements with parents and relatives

where a parent or relative is not making where a parent or relative is not making

the placement the placement ♦♦

2929

ICPC Regulation No. 3 ICPC Regulation No. 3

The above placement categories may The above placement categories may

involve placement by persons/agencies involve placement by persons/agencies

that at the time of placement may not have that at the time of placement may not have

any court involvementany court involvement-- private private

adoptions/residential placements.adoptions/residential placements.

Generally, where there is court jurisdiction Generally, where there is court jurisdiction

–– open court case open court case –– dependency, dependency,

abandonment, abuse or neglect abandonment, abuse or neglect ––

compliance with ICPC is required. compliance with ICPC is required.

3030

Regulation No. 3Regulation No. 3

Court Jurisdiction Only Cases Court Jurisdiction Only Cases

■■ Open abuse, neglect or dependency court Open abuse, neglect or dependency court

case; and case; and

■■ Child not in custody or guardianship of child Child not in custody or guardianship of child

welfare agencywelfare agency

■■ Court or child welfare agency seeks to Court or child welfare agency seeks to

place supervise and/or remove and place the place supervise and/or remove and place the

child out of state child out of state

■■ Generally, an ICPC case with court or child Generally, an ICPC case with court or child welfare agency the sending agencywelfare agency the sending agency

3131

Regulation No. 3Age Restrictions and Definitions

Age Restrictions- ICPC Articles and Regulations do not specify an age restriction at time of placement. Sending state law may permit extension of court jurisdiction or foster care

maintenance to eligible youth up to age 21. Youth should be served if requested by sending state and with concurrence of receiving state.

Definitions, many definitions – Including Foster care

3232

ICPC Regulation No. 2ICPC Regulation No. 2

Public Court Jurisdiction Cases: Public Court Jurisdiction Cases:

Placements for Public Adoption or Foster Placements for Public Adoption or Foster

Care in Family Settings and/or with Care in Family Settings and/or with

Parents, RelativesParents, Relatives

3333

ICPC Regulation No. 2ICPC Regulation No. 2

ICPC applies to cases involving child under ICPC applies to cases involving child under

jurisdiction of a court as a result of action jurisdiction of a court as a result of action

taken by a child welfare agency; the court has taken by a child welfare agency; the court has

authority to determine supervision, custody authority to determine supervision, custody

and placement of the child or has delegated and placement of the child or has delegated

authority to the child welfare agency and the authority to the child welfare agency and the

child is being considered for placement in the child is being considered for placement in the

other state.other state.

Child not yet placed.Child not yet placed.3434

ICPC Regulation No. 2ICPC Regulation No. 2

ICPC Exception ICPC Exception

When the court places the child with a parent When the court places the child with a parent

from whom child was not removed; and from whom child was not removed; and

The court has no evidence the parent is unfit; The court has no evidence the parent is unfit;

and and

The court does not seek any evidence from The court does not seek any evidence from

the receiving state that the parent is fit or the receiving state that the parent is fit or

unfit; and unfit; and

The court relinquishes jurisdiction over the The court relinquishes jurisdiction over the

child immediately upon placement.child immediately upon placement.

3535

ICPC ExceptionsICPC Exceptions

THENTHEN

The receiving state has no responsibility The receiving state has no responsibility

for supervision or monitoring for the court for supervision or monitoring for the court

having made the placement. having made the placement. Not ICPCNot ICPC

ANOTHER EXCEPTION ANOTHER EXCEPTION

Courtesy check with a parent from whom Courtesy check with a parent from whom

the child was not removed. the child was not removed. Not ICPCNot ICPC

Be careful what you ask for Be careful what you ask for –– home home

study/supervision study/supervision

3636

EXCEPTIONS TO ICPC

Placement with a parent from whom the child was removed/No ongoing court case.

Sending court makes parent placement

with courtesy check

Placements handled in divorce, paternity or probate courts

Article VIII exceptions -- parent, relative or non-agency guardian placement with parent, relative, or non-agency guardian

3737

ICPC STATUTE AND

REGULATIONS

NEW YORK – SENDING AGENCY

3838

The Compact Applies to Placements for:The Compact Applies to Placements for:

AdoptionAdoption: Placement preliminary to an : Placement preliminary to an

adoption (independent, private & public)adoption (independent, private & public)

Foster Care: Foster Care: Licensed, Approved, Certified Licensed, Approved, Certified

Foster Homes and Licensed Congregate Foster Homes and Licensed Congregate

Residential Placement Residential Placement

Placements with parents or relativesPlacements with parents or relatives-- (Not (Not

excluded by Article VIII)excluded by Article VIII)

3939

The Compact Does Not Apply to The Compact Does Not Apply to

Placements for:Placements for:

Relative placements (Art. VIII)Relative placements (Art. VIII)-- no court no court

involvement of the child to be placedinvolvement of the child to be placed

Child admitted to an institution for mentally ill, Child admitted to an institution for mentally ill,

mentally defective or epilepticmentally defective or epileptic

Child admitted to any hospital or medical facilityChild admitted to any hospital or medical facility

Divorce or private custody investigationDivorce or private custody investigation

International AdoptionInternational Adoption-- child adopted in childchild adopted in child’’s s

country of origincountry of origin

Court ordered investigation (COI) with no Court ordered investigation (COI) with no

ongoing supervisionongoing supervision

VisitsVisits 4040

Common New York Cases

Article 10

Foster care

Direct Custody

Discharge to Parent

Discharge to Relative/Other Suitable Person

4141

COMMON NEW YORK CASES COMMON NEW YORK CASES

Article 6Article 6

■■ Discharge to parentDischarge to parent

■■ Placement with relative or other suitable Placement with relative or other suitable

person person

Article V retention of jurisdiction languageArticle V retention of jurisdiction language

4242

Initiation of Interstate Compact RequestInitiation of Interstate Compact Request

When New York is the Sending State When New York is the Sending State

Steps 1, 2, 3, and 4Steps 1, 2, 3, and 4

4343

Initiation of Interstate Compact Request Initiation of Interstate Compact Request

When New York is the Sending State When New York is the Sending State

Steps 5, 6, 7, and 8Steps 5, 6, 7, and 8

4444

Regulation No. 11Responsibility of States to Supervise

Face-to-face visit within 30 days of

placement and once each month preferably in the child's home

Written report at least every 90 days

4545

Regulation No. 11Supervision

Sending agency is a public child placing

agency

Agency completed home study in the receiving state is a public child placing agency

Child is not in a residential treatment center or group home

OCFS foster care policy – Monthly casework contacts

4646

Receiving an ICPC RequestReceiving an ICPC Request(child moving into your district)(child moving into your district)

LDSS responsibilities include:LDSS responsibilities include:

-- Home study and Home Certification/Approval Home study and Home Certification/Approval

18 NYCRR 421.15 and 16 for adoptive parents18 NYCRR 421.15 and 16 for adoptive parents

18 NYCRR 443.2 for foster parents18 NYCRR 443.2 for foster parents

Safe and Timely Safe and Timely

Assess resourceAssess resource’’s ability to care for child's needss ability to care for child's needs

-- Provide other documentation requested by Provide other documentation requested by

sending statesending state

-- SupervisionSupervision

4747

WARNING!

BE CAREFUL WHAT YOU ASK FOR

(Home Study/Supervision)

BE CAREFUL WHAT YOU SIGN

(100A – ICPC Application)

MEETING OF THE MINDS

(Termination of ICPC)

4848

WHAT CAN/SHOULD I DO????WHAT CAN/SHOULD I DO????

Want to place child out of stateWant to place child out of state

Want a home study Want a home study

Want supervisionWant supervision

Do not want home study or supervision Do not want home study or supervision

4949

WHAT CAN/SHOULD I DO?WHAT CAN/SHOULD I DO?

Judge calls DSS regarding a private Judge calls DSS regarding a private

custody case and wants a home study and custody case and wants a home study and

supervision of a person in another state.supervision of a person in another state.

PrePre--adoptive parents of a DSS foster child adoptive parents of a DSS foster child

need to move out of state for employment need to move out of state for employment

reasons. reasons. Regulation #1Regulation #1

5050

Regulation No. 1Regulation No. 1

Relocation of Family UnitRelocation of Family Unit

Relocation of a child with current Relocation of a child with current

placement resource where supervision is placement resource where supervision is

ongoingongoing

Placement resource agrees to become Placement resource agrees to become

licensed in receiving state, if required.licensed in receiving state, if required.

Foster care /Adoption cases subject to Foster care /Adoption cases subject to

Safe and Timely home study standardsSafe and Timely home study standards

If temporary relocation/less 90 days, If temporary relocation/less 90 days,

receiving state approval not required receiving state approval not required

5151

ICPC Appeal RightsICPC Appeal Rights

Nothing formal under the ICPCNothing formal under the ICPC

Informally, can ask for reconsideration.Informally, can ask for reconsideration.

Receiving stateReceiving state’’s appellate ruless appellate rules

Article 78 if DSS decision to deny Article 78 if DSS decision to deny

placement placement –– Limited fair hearing rightsLimited fair hearing rights

5252

NONNON--COMPLIANCE COMPLIANCE

What is if I fail to comply with ICPC?What is if I fail to comply with ICPC?

How can I fix it?How can I fix it?

Adoption Adoption ---- No retro approval No retro approval –– Best Best

interests Letterinterests Letter

Foster care Foster care ---- Maybe can fix.Maybe can fix.

Safety, Safety, Safety Safety, Safety, Safety

5353

NONNON--COMPLIANCECOMPLIANCE

OCFS position OCFS position ---- If the placement If the placement

violates the ICPC (New York law), the violates the ICPC (New York law), the

court cannot make the placement. court cannot make the placement.

If ICPC application (100A) is denied If ICPC application (100A) is denied

by the Receiving State, cannot place.by the Receiving State, cannot place.

5454

NEW ICPC NEW ICPC

Approved by AAICPC Approved by AAICPC ---- 20052005

Actively Endorsed by APHSAActively Endorsed by APHSA

Need 35 State to take effectNeed 35 State to take effect

12 States have enacted legislation 12 States have enacted legislation

(FL,Me,De,Ok,Ne,Mn,Wi,In,Oh,Mo,La and (FL,Me,De,Ok,Ne,Mn,Wi,In,Oh,Mo,La and

Ak)Ak)

5555

ISSUES WITH NEW ICPCISSUES WITH NEW ICPC

Creation, Powers and Authority of Creation, Powers and Authority of

Interstate Commission Interstate Commission

Concerns over standards relating to Concerns over standards relating to

enforcement of ICPC, rulemaking, dispute enforcement of ICPC, rulemaking, dispute

resolution and financing of Interstate resolution and financing of Interstate

CommissionCommission

Lawful actions of Interstate Commission Lawful actions of Interstate Commission

binding on member States. (Article XVII)binding on member States. (Article XVII)

New York not introduced implementing New York not introduced implementing

legislationlegislation5656

ICPC Staff and CaseloadsICPC Staff and Caseloads

Foster Care Placements including Parent and Relative Requests aFoster Care Placements including Parent and Relative Requests and nd

Upgrades to Adoptive Requests:Upgrades to Adoptive Requests:

(Caseload is determined by first letter of child(Caseload is determined by first letter of child’’s last name)s last name)

Dan Friedland Dan Friedland Daniel.Friedland@ocfs.state.ny.usDaniel.Friedland@ocfs.state.ny.us AA--CC

Mary McCullough Mary McCullough Mary.McCullough@ocfs.state.ny.usMary.McCullough@ocfs.state.ny.us DD--JJ

Sharon Jocelyn Sharon Jocelyn SharonBeth.Jocelyn@ocfs.state.ny.usSharonBeth.Jocelyn@ocfs.state.ny.us KK--RR

Migdalia Crego Migdalia Crego Migdalia.Crego@ocfs.state.ny.usMigdalia.Crego@ocfs.state.ny.us SS--ZZ

New Public Adoptions, Residential Placement Requests:New Public Adoptions, Residential Placement Requests:

Mike OMike O’’Connor Connor Michael.OMichael.O’’Connor@ocfs.state.ny.usConnor@ocfs.state.ny.us

Private Adoption Requests:Private Adoption Requests:

Ruth Sterling Ruth Sterling Ruth.Sterling@ocfs.state.ny.usRuth.Sterling@ocfs.state.ny.us

Upgrades to Adoptive Requests:Upgrades to Adoptive Requests:

Shelly Fiebich Shelly Fiebich Shelly.Fiebich@ocfs.state.ny.usShelly.Fiebich@ocfs.state.ny.us5757

To View Full Text of CompactTo View Full Text of Compact……

Link to AAICPC website: Link to AAICPC website: http://icpc.aphsa.org/Home/home_news.asphttp://icpc.aphsa.org/Home/home_news.asp

Link to NY State pages:Link to NY State pages:

http://icpc.aphsa.org/Home/doc/Statehttp://icpc.aphsa.org/Home/doc/State--Pages/New%20York.docPages/New%20York.doc

5858

UCCJEAUCCJEA

MEETS MEETS

ICPCICPC

5959

UCCJEA UCCJEA –– but thatbut that’’s only about s only about

private custody cases!private custody cases!NO, IT IS NOT!!NO, IT IS NOT!!

DRL Art. 5DRL Art. 5--AA

DRL DRL §§ 7575--a(4) a(4) –– “…“…includes a proceeding includes a proceeding

for divorce, separation, NEGLECT, for divorce, separation, NEGLECT,

ABUSE, dependency, guardianship, ABUSE, dependency, guardianship,

paternity, TERMINATION OF PARENTAL paternity, TERMINATION OF PARENTAL

RIGHTS and protection from domestic RIGHTS and protection from domestic

violenceviolence…”…”6060

““Home StateHome State””

DRL DRL §§ 7575--a (7) a (7) ––

The home state of a child is where the child The home state of a child is where the child

has been living with a parent or someone has been living with a parent or someone

acting as a parent for the last 6 acting as a parent for the last 6

consecutive months before a proceeding consecutive months before a proceeding

is brought is brought -- if child is less than 6 months if child is less than 6 months

old, then where they have lived since birth old, then where they have lived since birth

6161

Bound by the court orderBound by the court order

If a court with proper jurisdiction under If a court with proper jurisdiction under

UCCJEA has made a determination, then UCCJEA has made a determination, then

any person served, those who submitted any person served, those who submitted

to the jurisdiction of were given an to the jurisdiction of were given an

opportunity to be heard are bound by the opportunity to be heard are bound by the

decision and it is conclusive on the issues decision and it is conclusive on the issues

of law and factof law and fact

DRL DRL §§ 7575--ee

6262

Who has initial jurisdiction of an Who has initial jurisdiction of an

Art. 10 or a TPR? DRL Art. 10 or a TPR? DRL §§ 7676A court has jurisdiction if A court has jurisdiction if

–– It is the home state of the child when the It is the home state of the child when the

proceedings startsproceedings starts

-- It was the home state within the last 6 It was the home state within the last 6

months and there is still a parent in the months and there is still a parent in the

statestate

6363

OROR

There is no other state that is a home There is no other state that is a home

state or the home state court has declined state or the home state court has declined

jurisdiction AND jurisdiction AND

-- the child and a least on parent or the child and a least on parent or

person acting as a parent have a person acting as a parent have a

significant connection to the state other significant connection to the state other

then simply being there ANDthen simply being there AND

-- substantial relevant evidence is in substantial relevant evidence is in

this statethis state

6464

OROR

-- all courts that would have jurisdiction all courts that would have jurisdiction

have declined jurisdiction on the ground have declined jurisdiction on the ground

that this state is the more appropriate that this state is the more appropriate

forum orforum or

-- no state fits the home state definitionno state fits the home state definition

-- physical presence or personal physical presence or personal

jurisdiction over a party, including the child jurisdiction over a party, including the child

is not necessary to allow the court to make is not necessary to allow the court to make

a determinationa determination

6565

EXCLUSIVE, CONTINUINGEXCLUSIVE, CONTINUING

DRL DRL §§ 7676--a a

When a court was the proper home state When a court was the proper home state

for the initial decision, it continues to have for the initial decision, it continues to have

exclusive jurisdiction over the matter until exclusive jurisdiction over the matter until

THAT COURT determines that there is no THAT COURT determines that there is no

longer a significant connection AND that longer a significant connection AND that

substantial evidence is not longer substantial evidence is not longer

available in that state ORavailable in that state OR

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EXCLUSIVE, CONTINUINGEXCLUSIVE, CONTINUING

The initial court or anther states court The initial court or anther states court

determine that the child , the parents and determine that the child , the parents and

anyone acting as the parent (all of them) anyone acting as the parent (all of them)

do not reside in the state anymoredo not reside in the state anymore

An initial court who now does not have An initial court who now does not have

exclusive, continuing jurisdiction can only exclusive, continuing jurisdiction can only

modify the order if it would now have initial modify the order if it would now have initial

jurisdictionjurisdiction

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SO, if another court has issued SO, if another court has issued

a prior order re this familya prior order re this familyThere is NO jurisdiction for your court to There is NO jurisdiction for your court to

now modify that order UNLESSnow modify that order UNLESS

1. You currently are the home state as 1. You currently are the home state as

per DRL per DRL §§ 76 and 76 and

2. The other states court determines it 2. The other states court determines it

does not have exclusive, continuing does not have exclusive, continuing

jurisdiction or that your state is the more jurisdiction or that your state is the more

convenient forum ORconvenient forum OR

3.Either court determines that everyone 3.Either court determines that everyone

now lives in the new state.now lives in the new state.6868

TEMPORARY emergency TEMPORARY emergency DRL DRL §§ 7676--c c -- a court can act if a child is in a court can act if a child is in

the state and has been abandoned or there the state and has been abandoned or there

is an emergency and the child, a sibling or is an emergency and the child, a sibling or

the parent need to be protectedthe parent need to be protected

If there has never been an action brought If there has never been an action brought

in the proper state, the temp order can be in the proper state, the temp order can be

in place until the proper state actsin place until the proper state acts

If there is an order from another state, the If there is an order from another state, the

emergency order can last until action in the emergency order can last until action in the

other stateother state6969

These are just the basicsThese are just the basics

Also need to review:Also need to review:

DRL DRL §§ 7676--e Simultaneous Proceedingse Simultaneous Proceedings

§§ 7676--f Inconvenient forumf Inconvenient forum

§§ 7676--g Jurisdiction declined by reason of g Jurisdiction declined by reason of

conductconduct

§§§§ 77 77 –– Enforcement procedure for other Enforcement procedure for other

states ordersstates orders

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