11.21 Interstate Compact on the Placement of Children (ICPC) Private or Independent Adoption - Georgia Is Sending State

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(11) Adoption

Policy Title:

Interstate Compact on the Placement of Children (ICPC) Private or Independent Adoption - Georgia Is Sending State

Policy Number:

11.21

Previous Policy Number(s):

110.12 - 110.13

Effective Date:

August 2015

Manual Transmittal:

2015-07

Codes/References

Article VII of the Interstate Compact on the Placement of Children

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Refer individuals who contact DFCS regarding an out-of-state adoptive placement for a private or independent adoption to the Interstate Compact on the Placement of Children (ICPC) Unit; and

  2. Comply with ICPC requirements for processing of private or independent adoptions across state lines.

Procedures

Georgia ICPC Administrator

  1. Review the ICPC request and packet received from the sending private agency/attorney for quality and completeness and request any missing information.

    The approval process does not begin until the ICPC packet is complete.

  2. Within two business days of the completion of the ICPC packet, input the ICPC request into Georgia SHINES (see procedures outlined in the Georgia SHINES Job Aide “Entering Intakes”):

    1. Complete the non-incident Child Protection Services (CPS) Intake, type ICPC;

    2. Stage progress the CPS Intake to a foster care child (FCC) stage;

    3. Stage progress the FCC stage to the Adoption (ADO stage; and

    4. Upload the complete ICPC packet received from the sending private agency into Georgia SHINES External Documentation.

  3. Sign the Interstate Compact on the Placement of Children Request (ICPC 100A) and forward it along with the packet to the ICPC Administrator in the prospective adoptive family’s state.

  4. Upon receipt from the receiving state’s ICPC Administrator the Interstate Compact on the Placement of Children Report Request (ICPC 100A) indicating the placement approval decision and the adoptive family evaluation:

    1. Forward to the sending private agency/attorney; and

    2. Upload to Georgia SHINES External documentation.

  5. If the sending ICPC Administrator approved the placement, upon receipt from the sending private agency/attorney, the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) confirming placement or placement request is withdrawn, forward to the ICPC Administrator in the receiving state.

  6. Upon receipt of the post-placement reports from the receiving state’s ICPC Administrator:

    1. Review for completeness;

    2. Upload to Georgia SHINES External Documentation; and

    3. Forward to the sending private agency/attorney.

  7. Following adoption finalization:

    1. Obtain from the sending agency a copy of the final decree of adoption and an Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) indicating the adoption has been finalized and ICPC services are terminated and forward to the receiving state ICPC Administrator. If the sending agency is a private adoption agency, forward to the receiving state ICPC Administrator within 30 days of adoption finalization.

    2. Prepare the Georgia SHINES case record to be sealed within 30 days of the adoption finalization (see policy 2.2 Information Management: Adoption Case Records).

Agency/Attorney Responsible for the Proposed Placement

  1. Prepare an ICPC packet in compliance with Georgia law and ICPC regulations:

    Each ICPC packet will consist of three copies of all documents (separated and collated); identical information should be in each packet. If siblings are being placed, there must be a separate Interstate Compact on the Placement of Children Report Request (ICPC 100A) and ICPC packet for each child.

    1. The Interstate Compact on the Placement of Children Report Request (ICPC 100A) (four copies - the original plus three copies) should include:

      1. Child’s name (consistent with the name on birth records or explanation or proof of why name is different);

      2. Child’s date of birth (consistent with birth records);

      3. If the birth mother has already voluntary surrendered her parental rights to an agency, the signature of the sending agency.

      4. The signature, as required by some states, of the attorney next to the signature of the birth parent as the responsible party in the event the placement were to disrupt and he/she would be responsible for the care of the newborn until the child was placed either back with the birth mother or an agency, depending on the language in the voluntary surrender;

      5. Prospective adoptive parent(s) name, address, phone number and email address;

      6. Where the adoption will be finalized; and

      7. The sending agency’s complete address, phone number and email address.

    2. Cover Letter (a request for approval) should include:

      1. Identification of the child, birth parent(s) and the prospective adoptive parent(s);

      2. A statement of how the match was made;

      3. Name and contact information (phone and email address) of the private agency or attorney handling the adoption;

      4. Name, address and contact information (phone and email address) of the supervision agency; and

      5. Signature of the attorney or private agency requesting approval.

    3. Voluntary surrender documents should include:

      1. Voluntary surrender(s) and supporting documents (one or both parents).

        If the birth parent(s) is permitted and elects to follow the voluntary surrender or consents laws of the receiving state, he/she should specifically waive in writing the laws of Georgia and acknowledge that he/she has a right to sign a voluntary surrender or consent under the laws of Georgia. The waiver should outline the revocation periods for both states and document that the birth parent(s) is/are electing to follow the laws of the receiving state.

      2. Acknowledgement of the voluntary surrender(s) indicating he/she understands his/her rights and freely, voluntarily, and of his/her own free will is voluntarily surrendering the child for adoption.

        The language can be contained in the voluntary surrender document or other legal document.

      3. An affidavit signed by the biological mother stating:

        1. The identity of the biological father; or

        2. The biological father’s identity is unknown; or

        3. If permissible, she declines to disclose the identity of the biological father.

      4. If the biological father has not signed voluntary surrender documents, a detailed cover letter explaining the attorney’s efforts to contact the biological and/or legal father and the attorney’s plans to terminate his/their parental rights to the child or, if applicable, a copy of the putative father submission or registry form.

        Georgia law requires that the rights of all fathers (legal, biological, known or unknown) be terminated.

      5. Affidavit(s) of Petitioners Representative stating the parents’ rights were explained, they understood their rights, and in the opinion of the representative the biological parents surrendered the child voluntarily and without duress.

      6. Certification by a licensed attorney or authorized agent of a private adoption agency or independent entity that the consent or relinquishment is in compliance with the applicable laws of the sending state or, where requested, the laws of the receiving state.

    4. If applicable, verification of compliance with the Indian Child Welfare Act (ICWA). Evidence the tribe was contacted and documentation on how the Indian clearances will be handled either through a confirmation letter or by the courts.

      If clearance has not been obtained, legal risk must be signed by the adoptive parent(s).

    5. Legal risk acknowledgment signed by the prospective adoptive parent(s) that clearly indicates the risk, including removal of the child from the prospective adoptive home, if any of the following circumstances apply:

      1. Applicable voluntary surrender revocation period has not expired; or

      2. The biological and/or legal father’s parental rights have not been terminated or he/they has/have not signed surrender documents; or

      3. Indian heritage tribal clearance has not been obtained.

    6. Court order(s) (i.e., TPR, guardianship), if applicable.

    7. Custodial and social history of the child:

      1. Chronology of court involvement;

      2. Social dynamics;

      3. Education information, if applicable; and

      4. Description of any special needs of the child.

      If the child is an infant, a copy of the medical records of the birth and hospital discharge summary for the child, at a minimum, should be included. If the child was previously adopted, the adoptive parent(s) shall provide the information for the biological parents, if available.

    8. A legible copy of child’s birth certificate and updated medical records. If the child is an infant, the newborn record from hospital with name of child, date of birth, name of hospital and health information is valid.

    9. Social history, medical history and ethnic background of the biological parent(s):

      1. Interview with biological parent(s) by court, licensed agency or licensed social worker/caseworker who will/did not also take the voluntary surrender/consents, relinquishments, etc.; and

      2. Narrative report that includes the reason(s) for adoption placement, how the biological parent(s) learned of the prospective adoptive family, how the prospective adoptive family was selected, his/her/their understanding of voluntary surrender of parental rights and the discussion with the biological parent(s) that the decision to place his/her/their child for adoption is voluntary and should be entered into freely and without duress.

      3. Explore the biological parent’s family history for Indian heritage and have each parent sign a statement whether or not there is Indian ancestry (see policy 1.6 Administration: Indian Child Welfare Act and Transfer of Responsibility for Placement and Care to a Tribal Agency).

      4. The completed Background Information on a Non-State Agency Child or a comparable form required by the receiving state.

      If the biological father does not complete the social/medical background information, the birth mother must provide whatever information she has about the biological father, including a physical description.

    10. If the receiving state prospective adoptive resource previously lived in the sending state and that state has required licensure, certification or approval, a copy of the most recent license, certificate or approval of the qualification of the placement resource(s) and/or their home showing the status of the placement resource as a qualified placement resource, if available. If the receiving state placement resource was previously licensed, certified or approved as a foster or adoptive parent in the sending state and such license, certificate or approval was involuntarily revoked, a statement of when such revocation occurred and the reasons for such revocation;

    11. The most recent adoption family evaluation of the prospective adoptive family:

      1. Approved within the preceding 12 months from the date the interstate packet was submitted;

      2. In accordance with the law of the receiving state;

      3. Verification of compliance with federal and state background clearances, including FBI fingerprint and Child Abuse/Neglect clearances and Sex Offender Registry clearance;

      4. Include the age, sex, health and racial background of the child proposed to adopt; and

      5. Copy of agency’s license that completed the adoptive family evaluation.

      Individual states may have additional requirements. Check with an attorney in the receiving state, preferably before legal surrenders are signed.

    12. An acknowledgement signed by the prospective adoptive parents that he/she/they received background information and child’s records.

    13. A written statement from the agency providing post-placement supervision acknowledging the obligation to provide post-placement supervision.

    14. Authority for the prospective adoptive parents to provide medical care, if applicable.

  2. Upon receipt of the Interstate Compact on the Placement of Children Report Request (ICPC 100A) from the Georgia ICPC Administrator approving the adoptive placement, submit to the Georgia ICPC Administrator a completed Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B):

    1. Confirming placement occurred, within five business days of the adoptive placement; or

    2. If the adoptive placement does not occur, indicating the request for placement is withdrawn.

  3. Upon finalization of the adoption:

    1. If the sending agency is a private adoption agency, provide to the Georgia ICPC Administrator a copy of the final judgment of adoption and the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) for closure, which will be sent to the receiving state ICPC Administrator within 30 days of adoption finalization.

    2. If it is an independent adoption, the sending agency or attorney shall provide a copy of the final judgment of adoption and the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) form indicating closure within 30 business days of the finalized adoption to the Georgia ICPC Administrator.

Practice Guidance

ICPC requirements for the processing of private agency or independent adoptions exist to ensure protection and services to children and families involved in executing adoptions across state lines and to ensure that the placement is in compliance with all applicable requirements. These requirements apply to children being placed for private adoption or independent adoption whether being placed by a private agency or by an Independent Adoption. All requests regarding a proposed independent adoption of a child in Georgia or expected to be born in Georgia by a family residing in another state, or of a child in another state or expected to be born in another state by a family residing in Georgia, must be made directly to the ICPC Unit. If the request is made directly to the county department, the person shall be referred to the ICPC Unit.

For placement of a child by a private agency for independent adoption, the private agency shall be legally responsible for the child, including return of the child to the sending state if the adoption does not occur during the period of placement. The private agency shall also be legally and financially responsible for the child absent a contractual agreement to the contrary or a statement by the prospective adoptive parent(s) or parents that they will assume financial responsibility.

ICPC does not apply to an adoption by a stepparent, grandparent, adult brother or sister, uncle, aunt or guardian of a child when the child is placed directly by the parent(s).

If the adoptive placement is legal risk, some states will only approve it if petition to terminate has been filed and included with the packet. Individual states may have additional requirements. Check with an attorney in the receiving state, preferably before legal surrenders are signed.

The ICPC request packet for approval will be sent to the receiving state by first class USPS mail, unless the attorney or private agency includes a pre-paid envelope/package (FedEx and UPS) completed in full with billing number or an attorney can make arrangements for a courier service to pick up the ICPC packet for delivery to the receiving state’s ICPC office. Placement may not occur until the sending and receiving state ICPC Administrators have both approved.

Forms and Tools

Background Information on a Non-State Agency Child
Interstate Compact Report on Child’s Placement Status (ICPC 100B)
Interstate Compact Report on Child’s Placement Status - Instructions (ICPC 100B-I)
Interstate Compact Placement Request (ICPC 100A)
Interstate Compact Placement Request – Instructions (ICPC 100A-I)