Parents and the Interstate Compact on the Placement of Children: A Flexible Approach

Authors

Alex Jones

Author Details

Alex Jones, J.D. 2021, Lewis & Clark Law School.

First Page

1021

Abstract

Before an Oregon court can send a child across the Columbia River to live with a Washington foster parent, the authorities on the Washington side must first approve the move. Unless and until that happens, the child stays in Oregon. But what if the Washington “foster” parent is the child’s biological father? The Interstate Compact on the Placement of Children (ICPC) imposes conditions on the sending of children across state lines to live with foster parents or potential adoptive parents. Courts in different states have long disagreed over whether those conditions ever apply to the placement of children with their own natural parents. This Note discusses the split between the states, past attempts to resolve it, and potential future solutions. The Note concludes that the ICPC should be replaced with a revised compact that is written broadly enough to allow, but not mandate, the application of the compact to natural parents, allowing an interstate commission to adopt binding regulations that specify whether, when, and how the compact applies. Such a compact would provide for both national uniformity and long-term flexibility.

Recommended Citation

Alex Jones, Parents and the Interstate Compact on the Placement of Children: A Flexible Approach, 25 Lewis & Clark L. Rev. 1021 (2021).
Available at: https://lawcommons.lclark.edu/lclr/vol25/iss3/9