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

Policy Number:

11.22

Previous Policy Number(s):

110.14, 110.15

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

ICPC Requests Received From Other States

  1. Upon receipt from the sending state’s ICPC Administrator the approved Interstate Compact on the Placement of Children Request (ICPC 100A) and the ICPC packet review for quality and completeness and request any missing information.

    If siblings are being placed there must be a separate Interstate Compact on the Placement of Children Request (ICPC 100A) and ICPC packet for each child.

    1. The Interstate Compact on the Placement of Children Request (ICPC 100A) (one 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 agency as 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. Surrender Documents should include:

      1. Voluntary surrender(s) and supporting documents.

        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 the sending state and acknowledge that he/she has a right to sign a voluntary surrender or consent under the laws of the sending state. 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 understand his/her rights and freely, voluntarily, and of his/her own free will is voluntarily surrendering child for adoption.

        The language can be contained in 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.

        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.

    3. 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).

    4. 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.

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

    6. 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.

    7. 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.

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

      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 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.

    9. 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;

    10. The most recent adoption family evaluation of the prospective adoptive family approved within the preceding 12 months from the date the ICPC packet was submitted to the Georgia ICPC Unit that is in accordance with Georgia law and policy 11.24 Adoption: Independent Adoption – Family Evaluation for Adoption by a Third Party and a copy of agency’s license that completed the adoptive family evaluation.

      If the adoptive family evaluation is not included with the ICPC request and packet, the receiving private agency/attorney has 60 days from the date the completed ICPC request and packet was received by the Georgia ICPC Unit to submit the completed adoptive family evaluation for an approval decision.

    11. An acknowledgement signed by the prospective adoptive parent(s) that he/she/they received background information and newborn records.

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

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

  2. Once the ICPC packet is complete:

    1. Forward the Interstate Compact on the Placement of Children Request (ICPC 100A) to the receiving private agency/attorney.

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

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

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

      3. Manually stage progress the case to Adoption (ADO) stage; and

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

    3. Within three business days, make a placement approval decision:

      1. Indicate the approval decision in the ADO stage in Georgia SHINES;

      2. Complete the Interstate Compact on the Placement of Children Request (ICPC 100A) approving/denying the adoptive placement; and

      3. Forward the completed Interstate Compact on the Placement of Children Request (ICPC 100A) and two copies of the adoptive family evaluation to the sending state ICPC Administrator.

      4. If approved, add a resource (non-incident private adoption) in Georgia SHINES.

  3. Upon receipt from the sending state’s ICPC Administrator the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) indicating placement has occurred or is withdrawn, forward a copy to the receiving private agency/attorney.

  4. Upon receipt of the post-placement reports from the receiving private agency/attorney:

    1. Review for completeness;

    2. Upload to Georgia SHINES External Documentation in the FCC Stage; and

    3. Forward to the sending state ICPC Administrator.

  5. Upon receipt of the recommendation from the receiving private agency/attorney that the child be released by the sending private agency to the pre-adoptive family for adoption finalization, forward the recommendation to the sending state ICPC Administrator.

  6. Upon receipt of the following documents from the sending state ICPC Administrator, forward to the receiving private agency/attorney:

    1. The 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

    2. A Copy of the final adoption decree.

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

The receiving private agency/attorney will:

  1. Upon receipt of the approved Interstate Compact on the Placement of Children Request (ICPC 100A) and the ICPC packet from Georgia ICPC Administrator, review for compliance and request any missing information.

  2. Prepare a written adoptive family evaluation on the prospective adoptive family in accordance with policy 11.24 Adoption: Independent Adoption - Family Evaluation for the Purpose of Adoption by a Third Party.

  3. Submit three copies of the completed adoptive family evaluation that has been approved within 12 months from the date the interstate packet was submitted to the Georgia ICPC Administrator for an approval decision. If the adoptive family evaluation was not included with the ICPC request, the adoptive family evaluation must be submitted within 60 days from the date the completed ICPC request was received by the Georgia ICPC Unit.

  4. Upon receipt of the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) indicating the placement has occurred, begin conducting purposeful visits with the child and pre-adoptive family.

    Post-placement supervision will continue until receipt from the Georgia ICPC Administrator the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) terminating services.

  5. Submit the Interstate Compact on the Placement of Children Report on Child’s Placement Status (ICPC 100B) and post-placement supervision reports to the Georgia ICPC Administrator.

  6. At the appropriate time, make the recommendation to the Georgia ICPC Administrator that the child be released by the sending private agency to the pre-adoptive family for adoption.

  7. Discontinue post-placement supervision upon receipt from the Georgia ICPC Administration the 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 a copy of the final adoption decree.

ICPC Independent Adoption – Disruption of Placement

In the case of an adoption disruption of a child placed for an Independent Adoption through ICPC, the sending agency shall be notified immediately.

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.

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 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.

Independent Adoption

An adoption arranged by a birth parent or other person or entity to take custody of and to place children for adoption.

Private Agency

A licensed or state approved agency whether domestic or international that has been given legal authority to place a child for adoption.

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)