F.  Interstate Compact on Placement of Children

C.R.S. § 24-60-1802, Art. I
The Interstate Compact on Placement of Children (ICPC) allows placement of children in another state. 

C.R.S. § 24-60-1802, Art II and III

C.R.S. § 24-60-1802, Art. VI.
The purpose of the Compact is to encourage cooperation between states in interstate placements. Four types of placements are covered by the ICPC:
  • placement in an adoptive home;
  • placement into group homes, foster homes, residential treatment facilities, and institutions;
  • placement with parents and relatives; and
  • placement of adjudicated delinquents in institutions.
Reference
The receiving state must approve or deny the placement within thirty business days of receiving notice of the proposed placement. 
Notice of a proposed placement is provided on form ICPC-100A, “Interstate Compact Placement Request.”

DHS v. District Court, 742 P.2d 339 (Colo. 1987)
C.R.S. 24-60-1802, art. V
The court does not have jurisdiction over children placed in Colorado by another state agency under the Interstate Compact for Placement of Children. Under the ICPC, the sending state has authority to request the return of the children even if they may have been abused in Colorado.

C.R.S. § 24-60-1802, art. V
1.  Ending ICPC Jurisdiction

Jurisdiction ends if the child:

  • Is adopted;
  • Reaches majority;
  • Becomes self-supporting; or
  • Is discharged by agreement of both the sending agency and the receiving state.









ICPC Regulation No. 7, Effective June 29, 2001
The court may order an expedited ICPC on the following grounds:
  • The proposed placement recipient is a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or guardian, and;
  • The child is under two years of age, or 
    • The child is in an emergency shelter, or
    • The court finds that the child has spent a substantial amount of time in the home of the proposed recipient, or
    • The receiving state Compact Administrator has a properly completed ICPC-100A with supporting documentation for over thirty business days, but the sending agency has not received a notice pursuant to Article III(d) of ICPC determining whether or not the child may be placed.
ICPC Regulation No. 7, Effective June 29, 2001
The expedited order must include the name, address, telephone number, and fax number of the judge. The sending agency must transmit, within three business days, the completed 100A form and supporting documentation to the sending state Compact Administrator.

ICPC Regulation No. 7, Effective June 29, 2001
The expedited ICPC does not apply to any case where: (1) the request for placement of the child is for licensed foster family care or adoption; or (2) the child is already in the receiving state in violation of ICPC.

C.R.S. § 19-1-115(3)(b)
No child may be placed out of state for more than thirty days without court approval and compliance with the ICPC.

C.R.S. § 24-60-1802
The juvenile court can order state DHS to pay for out-of-state placement it has ordered for a child under the Compact.