Part 5INTERSTATE COMPACT ON PLACEMENT OF CHILDREN
Section § 7900
This law section states that California agrees to work together with other states on rules for placing children across state lines, as outlined in the Interstate Compact on Placement of Children.
Section § 7901
This section describes the Interstate Compact on the Placement of Children, which sets rules for placing children across state lines. It ensures children are placed in suitable homes and that both sending and receiving states have the opportunity to evaluate proposed placements for the child's protection. The law outlines the responsibilities of the sending agency, requires notification and approval from receiving state authorities, and sets penalties for illegal placements. The compact retains sending agency jurisdiction over the child and allows for institutional care of delinquent children with proper court procedures. Furthermore, it explains the role of a compact administrator, situations where the compact does not apply, and the process for states to join or withdraw from the compact.
Section § 7901.1
This law outlines how a county child welfare agency in California should handle requests from other states to conduct home studies to evaluate if a home is safe and suitable for a child. The agency must complete and return the report within 60 days. If delays occur due to factors beyond the agency's control, they get 75 days, but they must document these issues. The home study doesn't have to include foster parent education within this timeframe. Reports from other states or Indian tribes are generally accepted unless found unsuitable within two weeks. Counties can use private agencies for these studies and should work on overcoming any procedural delays.
Section § 7902
When a child is placed in another state through the Interstate Compact on the Placement of Children, the financial responsibility for that child is handled according to the compact's rules first. However, if these rules aren't followed properly, other state laws can be used to decide who pays.
Section § 7903
In California, when the Interstate Compact on the Placement of Children mentions 'appropriate public authorities,' it is referring to the State Department of Social Services. This department is responsible for receiving and handling the notices required by the compact.
Section § 7904
When the law talks about the "appropriate authority in receiving state" regarding placing children between states, it refers to the State Department of Social Services in California.
Section § 7905
This section allows California officials and agencies that handle child placement to make agreements with similar entities in other states, according to specific rules for interstate child placement. However, if these agreements involve financial commitments, they must be approved in writing by the state's financial officer or the local financial officer before they are valid.
Section § 7906
This section says that if there's a rule that children, homes, or agencies in another state need to be checked on, California will consider those checks done if they're carried out according to an agreement with the other state's officials, as allowed by an interstate agreement about child placement.
Section § 7906.5
This law outlines how a home study should be conducted when a different state requests California to assess whether a child's placement in a specific home would be safe and suitable. The county child welfare agency must complete the study and report back within 60 days. If unforeseen circumstances delay this, they have up to 75 days, provided they document reasons and ensure it's in the child's best interest. Private agencies can conduct these studies if they agree to the requirements. The law also states that reports from other states or agencies generally meet state requirements unless deemed harmful to the child's wellbeing within 14 days. It also clarifies that counties can contract private agencies for these studies and do not need to include the education and training portions for foster or adoptive parents within the specified timeframe.
Section § 7907
This law states that any rules limiting the adoption of children outside of California do not apply if the adoption is done through the Interstate Compact on the Placement of Children (ICPC), which is an agreement among states to ensure child safety and proper placement.
Section § 7907.3
This law says that the rules for moving children between states, known as the Interstate Compact on the Placement of Children, don't apply when an Indian child is being sent to another state because jurisdiction has been transferred to a tribal court under specific federal law provisions.
Section § 7907.5
If a child is born and adopted within the same state by a resident of that state, certain interstate regulations do not apply. However, if the child is adopted by someone from a different state, these interstate rules do apply, even if the adoption paperwork is handled locally. In such cases, the child's birth state is considered the sending state, making it responsible for following the interstate adoption process.
Section § 7908
This law allows a court in California to place a child, who is under its care due to legal issues, in a facility located in another state. The court must follow specific rules from another part of the law (Section 727.1 of the Welfare and Institutions Code) and an agreement between states (Interstate Compact on the Placement of Children). The California court will still have authority over the child’s case even if the child is placed out of state.
Section § 7908.5
This law section clarifies that in the context of interstate adoption placements, the word "jurisdiction" refers to having legal control or responsibility over a child. The purpose of this section is simply to make this meaning clear and is not intended to change any actual laws regarding the placement of children.
Section § 7909
This section explains that the term "executive head" in a specific agreement about placing children across state lines refers to the Governor. The Governor is responsible for appointing someone to manage this agreement.
Section § 7910
This law states that if someone wants to place a child for adoption across state lines, it needs approval from a specific official, called the Compact Administrator. They won't approve it if it breaks certain laws in California. Also, if a child under the care of child welfare or probation needs to be placed in a facility outside California, this can only happen if specific legal conditions are met. The facilities should be ones that offer specialized care and are approved by the relevant authorities.
Section § 7911
This law focuses on the rules for placing California children in out-of-state residential facilities. It emphasizes that these placements are only allowed under very strict conditions and usually when in-state options have been exhausted. After July 2021, such placements require thorough documentation and court approval. The law also states that starting July 2022, no new placements into out-of-state facilities are allowed except in very specific cases outlined elsewhere. The law mandates that by 2023, all out-of-state facilities will be decertified, and all children must be brought back to California. This supports the view that children fare better when they stay close to home and community.
Section § 7911.1
This section of California law deals with the oversight of children placed in out-of-state residential facilities by county child welfare agencies or probation departments. The State Department of Social Services is responsible for investigating any health or safety threats to these children, and the facilities must comply with reporting requirements similar to those in California. If an out-of-state facility wants a child-specific certification, they must meet California standards, including inspections and policy reviews. Failure to cooperate or meet standards can lead to denial or discontinuation of certification. Additionally, the law outlines procedures for handling appeals and ensures that no public funds are used if a facility lacks certification. Certain placements, like those under specific educational or tribal provisions, are exempt from these certification requirements. The law provides temporary guidance until formal regulations are established.
Section § 7912
This law ensures that children from California, placed in out-of-state residential facilities under the Interstate Compact on the Placement of Children, receive the same rights and protections as children in California-based facilities. The law mandates regular reporting on these out-of-state placements to the Legislature, including data on the number of children placed, details of their transition plans, the duration of their stays, and any serious incidents reported. The goal is to ultimately bring all children back to California by January 2023.
Section § 7913
This California law section describes the role of private adoption agencies in facilitating adoptions, particularly when an adoption involves other states. Private agencies can decide if an interstate placement should happen and can complete the required documents. Before making placement decisions for children entering California through independent adoptions, these agencies must inform the local adoption agency and ensure that a preplacement interview has been conducted. This rule doesn't apply to children who are court dependents or involved in certain court proceedings related to welfare and institutions.