The emotional journey that moves children through foster care and into
permanent adoptive homes often crosses jurisdictional lines. The
complex protections offered by juvenile courts, county social services
agencies, and state and the federal welfare administration often create
confusion as to which set of guidelines to follow.
California has approximately 2,865 children in foster care placed out
of state. While this only represents 2.9% of the over 100,000 children
in foster care, more and more children are being placed across state
lines in a nation-wide effort to secure permanent homes for children.
PURPOSES OF PLACEMENT
If the child is placed solely for the
purposes of foster care, the responsible county pays the rate of where
the child is living in foster care. For a California child placed in
Alabama, for the purposes of foster care, California pays the Alabama
rate.
If the same child is placed for the purpose of adoption, the
responsible county pays whichever rate is higher. California would
pay either California rate or Alabama rate, whichever provides more
funding to the home. (ca, reg.s 3533(c)(1)(b)(3))
RESPONSIBLE COUNTY
In California, jurisdiction - or which county is legally and financially
responsible for the child entering foster care - is found in the
Welfare & Institutions code. (w&I) section 16118(e).
The county responsible for determining eligibility and providing aid
is:
A. The county that at the time of adoptive placement
would otherwise be responsible for making payment
(under Cal-Works or Sec. 11461 AFDC-FC).
B. OR if the child was voluntarily relinquished, the
county where the relinquishing parent lives.
C. OR for all other children, the county where the child
physically lived prior to adoptive placement.
Interstate Compact on the Placement of Children (ICPC)
The ICPC is a uniform set of laws and procedures that all 50
states adhere to regarding how a child can be placed across state
lines. The Association of Administrators of the ICPC or AAICPC is
made up of a representative from each state, the U.S. Virgin
Islands and the District of Columbia. Most children placed across
state lines for any purpose will follow the guidelines established
by the AAICPC. Contact phone: (202) 682-0100
Interstate Compact on Adoption and Medical Assistance
(ICAMA)
ICAMA is a legal compact signed by 42 states of which California is
one, that protects the interests of children with special needs that
are placed for adoption. This Compact protects a child's subsidy,
medical care, and sometimes other benefits when the child is
moved across state lines. Some states provide benefits under Title
XX Services. California does not. Check with the state administrator
on the state where the child is moving. In California, the contact
for ICAMA is Ritch Hemstreet at (916) 322-4883.
Medical benefits and subsidies vary widely state by state. Please
check the information regarding your individual state. (See the
NACAC web cite www.nacac.org)
For more information call our AAP Project 1-800-227-8044
