Interstate Adoptions
Interstate adoptions are affected by two agreements between the "sending" and "receiving" states:
The Interstate Compact on the Placement of Children (ICPC), and
The Interstate Compact on Adoption and Medical Assistance (ICAMA)..
Adoption professionals will generally prepare the necessary paperwork, but you should be aware of the Compacts, their provisions, and whether one or both apply, and check to make sure all requirements are being met.
The Interstate Compact on the Placement of Children
ICPC is an agreement among all 50 states, the District of Columbia, and the U.S. Virgin Islands, and is covered by legal statute in all states.
The Compact applies to placements of minor children made from one state to another. It is designed to:
Transition and monitor the child's placement;
Ensure agency services when a child is moved from one state to another for adoption, foster care, residential treatment, relative, or institutional care;
Ensure compliance with states' adoption laws;
Provide that children are returned to their original jurisdiction should the placement prove not to be in their best interest or should the need for out-of-state services cease.
In adoption, the purpose of the ICPC is to make sure that:
The adoption laws of the "sending" and "receiving" states' are observed,
The movement of children across state lines meets all legal requirements, and
The children are protected at all times.
At the court finalization hearing, proof of compliance with the ICPC is required.
Rarely, exceptions may be granted; however, generally, failure to comply with the ICPC can have a range of consequences, including loss of license.
The ICPC is not without faults and you should be aware that while, in most cases, compliance with the Compact will be a smooth process, in others it could get sticky. In any event, it’s best to handle the process through an experienced adoption attorney.
The Interstate Compact on Adoption and Medical Assistance
ICAMA is an agreement between member states that governs the interstate delivery of medical services and adoption subsidies for special needs children. Currently, 42 states, inlcuding Texas, participate in the Compact.
When a family moves or a child is relocated to another state, the child has a Medicaid card from the placing state; however, medical providers are often reluctant to accept Medicaid from another state. As a result, member states will provide a Medicaid card from the state to which the child has relocated. Regulated benefits also include Title IV-E and Title XX payments, state subsidies, and others.