The Interstate Compact on the Placement of Children … CLE Materials for...
Transcript of The Interstate Compact on the Placement of Children … CLE Materials for...
The Interstate Compact on the The Interstate Compact on the
Placement of ChildrenPlacement of Children
ICPC 2012ICPC 2012
11
GoalsGoalsReview Relevant Provisions of ICPC Review Relevant Provisions of ICPC
Statute and RegulationsStatute and Regulations
Discuss Applicability of Current ICPC to Discuss Applicability of Current ICPC to
New York CasesNew York Cases
New ICPCNew ICPC
UCCJEA UCCJEA
22
Background Background ---- ICPCICPC
Section 374Section 374--a of the Social Services Lawa of the Social Services Law
Enacted in New York Enacted in New York ---- 19601960
There are no specific There are no specific OCFSOCFS ICPC RegulationsICPC Regulations
New York ICPC administered by the New York State New York ICPC administered by the New York State
Adoption ServicesAdoption Services
33
Policy and Purpose of ICPC Policy and Purpose of ICPC ––
Article IArticle IEach child requiring placement receives Each child requiring placement receives
the maximum opportunity to be placed in a the maximum opportunity to be placed in a
suitable environment with persons or suitable environment with persons or
institutions having appropriate institutions having appropriate
qualifications and facilities to provide a qualifications and facilities to provide a
necessary and desirable degree and type necessary and desirable degree and type
of care. of care.
Appropriate jurisdictional arrangements Appropriate jurisdictional arrangements
for the care of the children will be for the care of the children will be
promoted.promoted.44
■■ Appropriate authorities in the receiving Appropriate authorities in the receiving
state may have full opportunity to state may have full opportunity to
ascertain in circumstances of the ascertain in circumstances of the
proposed placement, thereby promoting proposed placement, thereby promoting
full compliance with applicable full compliance with applicable
requirements for the protection of the requirements for the protection of the
child.child.
■■ Proper authorities of the sending state Proper authorities of the sending state
may obtain the most complete information may obtain the most complete information
to evaluate the projected placement. to evaluate the projected placement.
55
Definitions Definitions –– Article IIArticle II
Sending agency Sending agency –– a party state, officer or a party state, officer or
employee thereof; a subdivision of a party employee thereof; a subdivision of a party
state, or officer or employee thereof; a court of state, or officer or employee thereof; a court of
a party state; a person, corporation, a party state; a person, corporation,
association, charitable agency or other entity association, charitable agency or other entity
which sends, brings, or causes to be sent or which sends, brings, or causes to be sent or
brought any child to another party state.brought any child to another party state.
66
Definition Definition –– Article IIArticle II
Receiving state Receiving state –– the state to which a child the state to which a child is sent, brought, or caused to be sent or is sent, brought, or caused to be sent or brought, whether by public authorities or brought, whether by public authorities or private persons or agencies, and whether private persons or agencies, and whether for placement with state or local public for placement with state or local public authorities or for placement with private authorities or for placement with private agencies or persons. agencies or persons.
77
Definitions Definitions –– Article II Article II
Placement Placement –– the arrangement for the care the arrangement for the care of a child in a family free or boarding home of a child in a family free or boarding home or in a childor in a child--caring agency or institution.caring agency or institution.
Definition of Definition of ““placementplacement”” does not does not include include any institution caring for the mentally ill, any institution caring for the mentally ill, mentally defective or epileptic or any mentally defective or epileptic or any institution primarily educational in institution primarily educational in character, or any hospital or other medical character, or any hospital or other medical facility.facility.
88
Conditions for Placement Conditions for Placement –– Article IIIArticle III
No sending agency shall send, bring, or No sending agency shall send, bring, or
cause to be sent or brought into any other cause to be sent or brought into any other
party state any child for placement in party state any child for placement in
foster care or as a preliminary to a foster care or as a preliminary to a
possible adoption possible adoption unlessunless the sending the sending
agency shall comply with each and every agency shall comply with each and every
requirement set forth in this article and requirement set forth in this article and
with the applicable laws of the receiving with the applicable laws of the receiving
state governing the placement of children state governing the placement of children
therein.therein.
99
Conditions for Placement Conditions for Placement –– Article IIIArticle III
The child shall not be sent, brought, or The child shall not be sent, brought, or
caused to be sent or brought into the caused to be sent or brought into the
receiving state until the appropriate public receiving state until the appropriate public
authorities in the receiving state notifies authorities in the receiving state notifies
the sending agency, the sending agency, in writingin writing, to the effect , to the effect
that the proposed placement does not that the proposed placement does not
appear to be contrary to the interests of appear to be contrary to the interests of
the child.the child.
Note: Foster care not defined in Note: Foster care not defined in §§374374--aa
1010
1111
Limitations – Article VIII
The ICPC does not apply to:
The sending or bringing of a child into a
receiving state by his (or her) parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his (or
her) guardian and leaving the child withany such relative or non-agency guardian in the receiving state.
…
The ICPC also does not apply toThe ICPC also does not apply to::
Any placement, sending or bringing of a child Any placement, sending or bringing of a child
into a receiving state pursuant to any other into a receiving state pursuant to any other
interstate compact to which both the sending interstate compact to which both the sending
state and the receiving state are party, or to any state and the receiving state are party, or to any
other agreement between said states which has other agreement between said states which has
the force of law. [Article VIII(b)]the force of law. [Article VIII(b)]
Interstate Compact on Juveniles Interstate Compact on Juveniles
1212
Retention of Jurisdiction Retention of Jurisdiction –– Article VArticle V
1313
The sending agency shall retain jurisdiction The sending agency shall retain jurisdiction
over the child sufficient to determine all over the child sufficient to determine all
matters in relation to the custody, matters in relation to the custody,
supervision, care, treatment and supervision, care, treatment and
disposition of the child which it would have disposition of the child which it would have
had if the child had remained in the had if the child had remained in the
sending agencysending agency’’s state.s state.
UNTILUNTIL
THE CHILD IS ADOPTEDTHE CHILD IS ADOPTED
OROR
REACHES AGE OF MAJORITYREACHES AGE OF MAJORITY
OROR
BECOMES SELFBECOMES SELF--SUPPORTINGSUPPORTING
OROR
DISCHARGED WITH THE DISCHARGED WITH THE
CONCURRENCE OF THE CONCURRENCE OF THE
APPROPRIATE AUTHORITY IN THE APPROPRIATE AUTHORITY IN THE
RECEIVING STATE RECEIVING STATE 1414
1515
Jurisdiction Jurisdiction
Jurisdiction also includes the power to Jurisdiction also includes the power to
effect or cause the return of the child or effect or cause the return of the child or
the childthe child’’s transfer to another location and s transfer to another location and
custody pursuant to law.custody pursuant to law.
The sending agency continues to have The sending agency continues to have
financial responsibility for support and financial responsibility for support and
maintenance of the child during the period maintenance of the child during the period
of the placement.of the placement.
Penalty for Illegal Placements Penalty for Illegal Placements ---- Article IVArticle IV
Violation of ICPC placement requirements is Violation of ICPC placement requirements is
a violation of the placement laws of both a violation of the placement laws of both
the sending and receiving states.the sending and receiving states.
Violation may be punished or subjected to Violation may be punished or subjected to
penalty in either jurisdiction in accordance penalty in either jurisdiction in accordance
with its laws.with its laws.
1616
Institutional Care of Juvenile Delinquents Institutional Care of Juvenile Delinquents ––
Article VIArticle VI
1717
Prior to being sent, child is given a court hearing on notice to the parent or
guardian with opportunity to be heard
Court must find:
Equivalent facilities not available in sending agency’s jurisdiction; and
Institutional care in the other jurisdiction is in the
best interests of child and will not produce undue hardship.
1818
Placement Disruptions
If the receiving state determines the placement no longer meets the needs of the child
i.e.: safety, permanency, health, well being
the receiving state may request immediate return within 5 business days
NOTE: The Receiving State request for removal may be withdrawn if the
Sending State arranges services to resolve the reason for the requested
removal and the Receiving and Sending State Compact Administrators
mutually agree to the plan.
Disruption Disruption ––Who do I tell??Who do I tell??
DSS supervising ICPC placement DSS supervising ICPC placement
requires removal of childrequires removal of child
DSS advise sending agency in other state DSS advise sending agency in other state
andand inform New York ICPC officeinform New York ICPC office
New York ICPC office will contact ICPC New York ICPC office will contact ICPC
office of sending stateoffice of sending state
DSS take action necessary to protect the DSS take action necessary to protect the
safety of child in New York safety of child in New York –– SSL SSL §§395 395
1919
New York State Additions to ICPC StatuteNew York State Additions to ICPC Statute
§§374374--a(1) a(1) –– National ICPCNational ICPC
§§374374--a(2)a(2)--(12) (12) ---- Additions enacted by Additions enacted by NYSNYS
Exception to placement limitations in Exception to placement limitations in §§§§374 and 398 of the SSL 374 and 398 of the SSL
Compliance with Compliance with §§374(6) of the SSL374(6) of the SSL
2020
Compact Administrator Compact Administrator ---- Article VIIArticle VII
Executive head of each jurisdiction party to the Executive head of each jurisdiction party to the
ICPC shall designate an officer who shall be ICPC shall designate an officer who shall be
general coordinator of the activities of the ICPCgeneral coordinator of the activities of the ICPC
Such officer, acting jointly with like officers of Such officer, acting jointly with like officers of
other party jurisdictions, shall have power to other party jurisdictions, shall have power to
promulgate rules and regulations to carryout promulgate rules and regulations to carryout
more effectively the provisions of the ICPC.more effectively the provisions of the ICPC.
2121
Association of Administrators of the ICPC Association of Administrators of the ICPC
Established in 1974Established in 1974
Members Members ---- all 50 States, DC and US Virgin all 50 States, DC and US Virgin
Islands Islands
Not Canada and limited role of Puerto RicoNot Canada and limited role of Puerto Rico
Compact Administrator for New York is Brenda Compact Administrator for New York is Brenda
Rivera Rivera
AAICPC is an affiliate of the American Public AAICPC is an affiliate of the American Public
Human Services Association (APHSA) Human Services Association (APHSA)
2222
APHSA APHSA
Provides administrative services to AAICPC.Provides administrative services to AAICPC.
ICPC regulations found on APHSA ICPC Website : ICPC regulations found on APHSA ICPC Website :
http://icpc.aphsa.org/Home/home_news.asphttp://icpc.aphsa.org/Home/home_news.asp
Active involvement in ICPC regulation development Active involvement in ICPC regulation development
process and new ICPC. process and new ICPC.
Regulations, what regulations? You saidRegulations, what regulations? You said…………. .
2323
ICPC RegulationsICPC Regulations
Developed by Committees of ICPC MembersDeveloped by Committees of ICPC Members
Input by ICPC Members (Others?)Input by ICPC Members (Others?)
Reviewed and Approved/Rejected by an Reviewed and Approved/Rejected by an
Executive Committee (ICPC Members) Executive Committee (ICPC Members)
Voted on by ICPC Members Voted on by ICPC Members AttendingAttending Annual Annual
ConferenceConference
Advisory OpinionsAdvisory Opinions
2424
Regulation No. 9Definition of a Visit
Less than 30 days or
begins and ends within the period of a child’s vacation from school
Visit is not considered an ICPC placement
A request for supervision during such a stay will establish the presumption that this is not a visit and will be considered an illegal placement
2525
Regulation No. 7
Expedited Placement DecisionCriteria
Intent: Expedite approval or denial by receiving state for placement with relative or guardian
Criteria -one of the following:
Unexpected dependency or
Child is 4 years of age or younger, including older siblings ofchild 4 years of age or under or
Child has substantial relationship with resource or
Child currently in emergency placement
2626
Priority Regulation No. 7 Request TimeframesPriority Regulation No. 7 Request Timeframes
When New York is the Sending State When New York is the Sending State
2727
ICPC Regulation No.3ICPC Regulation No.3
Definitions and Placement Categories: Definitions and Placement Categories:
Applicability and ExemptionsApplicability and Exemptions
Intent of Regulations #3: To provide Intent of Regulations #3: To provide
guidance in navigating the ICPC guidance in navigating the ICPC
regulations and to assist its users in regulations and to assist its users in
understanding which interstate placements understanding which interstate placements
are governed by, and which are exempt are governed by, and which are exempt
from, the ICPC. from, the ICPC.
2828
ICPC Regulation No. 3ICPC Regulation No. 3
ICPC Applies to: ICPC Applies to: Adoptions: Placements preliminary to an Adoptions: Placements preliminary to an
adoption (independent, private or public)adoption (independent, private or public)
Licensed, certified or approved foster Licensed, certified or approved foster
homes (placement with related or homes (placement with related or
unrelated caregivers)unrelated caregivers)
Group homes/residential placements Group homes/residential placements
Placements with parents and relatives Placements with parents and relatives
where a parent or relative is not making where a parent or relative is not making
the placement the placement ♦♦
2929
ICPC Regulation No. 3 ICPC Regulation No. 3
The above placement categories may The above placement categories may
involve placement by persons/agencies involve placement by persons/agencies
that at the time of placement may not have that at the time of placement may not have
any court involvementany court involvement-- private private
adoptions/residential placements.adoptions/residential placements.
Generally, where there is court jurisdiction Generally, where there is court jurisdiction
–– open court case open court case –– dependency, dependency,
abandonment, abuse or neglect abandonment, abuse or neglect ––
compliance with ICPC is required. compliance with ICPC is required.
3030
Regulation No. 3Regulation No. 3
Court Jurisdiction Only Cases Court Jurisdiction Only Cases
■■ Open abuse, neglect or dependency court Open abuse, neglect or dependency court
case; and case; and
■■ Child not in custody or guardianship of child Child not in custody or guardianship of child
welfare agencywelfare agency
■■ Court or child welfare agency seeks to Court or child welfare agency seeks to
place supervise and/or remove and place the place supervise and/or remove and place the
child out of state child out of state
■■ Generally, an ICPC case with court or child Generally, an ICPC case with court or child welfare agency the sending agencywelfare agency the sending agency
3131
Regulation No. 3Age Restrictions and Definitions
Age Restrictions- ICPC Articles and Regulations do not specify an age restriction at time of placement. Sending state law may permit extension of court jurisdiction or foster care
maintenance to eligible youth up to age 21. Youth should be served if requested by sending state and with concurrence of receiving state.
Definitions, many definitions – Including Foster care
3232
ICPC Regulation No. 2ICPC Regulation No. 2
Public Court Jurisdiction Cases: Public Court Jurisdiction Cases:
Placements for Public Adoption or Foster Placements for Public Adoption or Foster
Care in Family Settings and/or with Care in Family Settings and/or with
Parents, RelativesParents, Relatives
3333
ICPC Regulation No. 2ICPC Regulation No. 2
ICPC applies to cases involving child under ICPC applies to cases involving child under
jurisdiction of a court as a result of action jurisdiction of a court as a result of action
taken by a child welfare agency; the court has taken by a child welfare agency; the court has
authority to determine supervision, custody authority to determine supervision, custody
and placement of the child or has delegated and placement of the child or has delegated
authority to the child welfare agency and the authority to the child welfare agency and the
child is being considered for placement in the child is being considered for placement in the
other state.other state.
Child not yet placed.Child not yet placed.3434
ICPC Regulation No. 2ICPC Regulation No. 2
ICPC Exception ICPC Exception
When the court places the child with a parent When the court places the child with a parent
from whom child was not removed; and from whom child was not removed; and
The court has no evidence the parent is unfit; The court has no evidence the parent is unfit;
and and
The court does not seek any evidence from The court does not seek any evidence from
the receiving state that the parent is fit or the receiving state that the parent is fit or
unfit; and unfit; and
The court relinquishes jurisdiction over the The court relinquishes jurisdiction over the
child immediately upon placement.child immediately upon placement.
3535
ICPC ExceptionsICPC Exceptions
THENTHEN
The receiving state has no responsibility The receiving state has no responsibility
for supervision or monitoring for the court for supervision or monitoring for the court
having made the placement. having made the placement. Not ICPCNot ICPC
ANOTHER EXCEPTION ANOTHER EXCEPTION
Courtesy check with a parent from whom Courtesy check with a parent from whom
the child was not removed. the child was not removed. Not ICPCNot ICPC
Be careful what you ask for Be careful what you ask for –– home home
study/supervision study/supervision
3636
EXCEPTIONS TO ICPC
Placement with a parent from whom the child was removed/No ongoing court case.
Sending court makes parent placement
with courtesy check
Placements handled in divorce, paternity or probate courts
Article VIII exceptions -- parent, relative or non-agency guardian placement with parent, relative, or non-agency guardian
3737
ICPC STATUTE AND
REGULATIONS
NEW YORK – SENDING AGENCY
3838
The Compact Applies to Placements for:The Compact Applies to Placements for:
AdoptionAdoption: Placement preliminary to an : Placement preliminary to an
adoption (independent, private & public)adoption (independent, private & public)
Foster Care: Foster Care: Licensed, Approved, Certified Licensed, Approved, Certified
Foster Homes and Licensed Congregate Foster Homes and Licensed Congregate
Residential Placement Residential Placement
Placements with parents or relativesPlacements with parents or relatives-- (Not (Not
excluded by Article VIII)excluded by Article VIII)
3939
The Compact Does Not Apply to The Compact Does Not Apply to
Placements for:Placements for:
Relative placements (Art. VIII)Relative placements (Art. VIII)-- no court no court
involvement of the child to be placedinvolvement of the child to be placed
Child admitted to an institution for mentally ill, Child admitted to an institution for mentally ill,
mentally defective or epilepticmentally defective or epileptic
Child admitted to any hospital or medical facilityChild admitted to any hospital or medical facility
Divorce or private custody investigationDivorce or private custody investigation
International AdoptionInternational Adoption-- child adopted in childchild adopted in child’’s s
country of origincountry of origin
Court ordered investigation (COI) with no Court ordered investigation (COI) with no
ongoing supervisionongoing supervision
VisitsVisits 4040
Common New York Cases
Article 10
Foster care
Direct Custody
Discharge to Parent
Discharge to Relative/Other Suitable Person
4141
COMMON NEW YORK CASES COMMON NEW YORK CASES
Article 6Article 6
■■ Discharge to parentDischarge to parent
■■ Placement with relative or other suitable Placement with relative or other suitable
person person
Article V retention of jurisdiction languageArticle V retention of jurisdiction language
4242
Initiation of Interstate Compact RequestInitiation of Interstate Compact Request
When New York is the Sending State When New York is the Sending State
Steps 1, 2, 3, and 4Steps 1, 2, 3, and 4
4343
Initiation of Interstate Compact Request Initiation of Interstate Compact Request
When New York is the Sending State When New York is the Sending State
Steps 5, 6, 7, and 8Steps 5, 6, 7, and 8
4444
Regulation No. 11Responsibility of States to Supervise
Face-to-face visit within 30 days of
placement and once each month preferably in the child's home
Written report at least every 90 days
4545
Regulation No. 11Supervision
Sending agency is a public child placing
agency
Agency completed home study in the receiving state is a public child placing agency
Child is not in a residential treatment center or group home
OCFS foster care policy – Monthly casework contacts
4646
Receiving an ICPC RequestReceiving an ICPC Request(child moving into your district)(child moving into your district)
LDSS responsibilities include:LDSS responsibilities include:
-- Home study and Home Certification/Approval Home study and Home Certification/Approval
18 NYCRR 421.15 and 16 for adoptive parents18 NYCRR 421.15 and 16 for adoptive parents
18 NYCRR 443.2 for foster parents18 NYCRR 443.2 for foster parents
Safe and Timely Safe and Timely
Assess resourceAssess resource’’s ability to care for child's needss ability to care for child's needs
-- Provide other documentation requested by Provide other documentation requested by
sending statesending state
-- SupervisionSupervision
4747
WARNING!
BE CAREFUL WHAT YOU ASK FOR
(Home Study/Supervision)
BE CAREFUL WHAT YOU SIGN
(100A – ICPC Application)
MEETING OF THE MINDS
(Termination of ICPC)
4848
WHAT CAN/SHOULD I DO????WHAT CAN/SHOULD I DO????
Want to place child out of stateWant to place child out of state
Want a home study Want a home study
Want supervisionWant supervision
Do not want home study or supervision Do not want home study or supervision
4949
WHAT CAN/SHOULD I DO?WHAT CAN/SHOULD I DO?
Judge calls DSS regarding a private Judge calls DSS regarding a private
custody case and wants a home study and custody case and wants a home study and
supervision of a person in another state.supervision of a person in another state.
PrePre--adoptive parents of a DSS foster child adoptive parents of a DSS foster child
need to move out of state for employment need to move out of state for employment
reasons. reasons. Regulation #1Regulation #1
5050
Regulation No. 1Regulation No. 1
Relocation of Family UnitRelocation of Family Unit
Relocation of a child with current Relocation of a child with current
placement resource where supervision is placement resource where supervision is
ongoingongoing
Placement resource agrees to become Placement resource agrees to become
licensed in receiving state, if required.licensed in receiving state, if required.
Foster care /Adoption cases subject to Foster care /Adoption cases subject to
Safe and Timely home study standardsSafe and Timely home study standards
If temporary relocation/less 90 days, If temporary relocation/less 90 days,
receiving state approval not required receiving state approval not required
5151
ICPC Appeal RightsICPC Appeal Rights
Nothing formal under the ICPCNothing formal under the ICPC
Informally, can ask for reconsideration.Informally, can ask for reconsideration.
Receiving stateReceiving state’’s appellate ruless appellate rules
Article 78 if DSS decision to deny Article 78 if DSS decision to deny
placement placement –– Limited fair hearing rightsLimited fair hearing rights
5252
NONNON--COMPLIANCE COMPLIANCE
What is if I fail to comply with ICPC?What is if I fail to comply with ICPC?
How can I fix it?How can I fix it?
Adoption Adoption ---- No retro approval No retro approval –– Best Best
interests Letterinterests Letter
Foster care Foster care ---- Maybe can fix.Maybe can fix.
Safety, Safety, Safety Safety, Safety, Safety
5353
NONNON--COMPLIANCECOMPLIANCE
OCFS position OCFS position ---- If the placement If the placement
violates the ICPC (New York law), the violates the ICPC (New York law), the
court cannot make the placement. court cannot make the placement.
If ICPC application (100A) is denied If ICPC application (100A) is denied
by the Receiving State, cannot place.by the Receiving State, cannot place.
5454
NEW ICPC NEW ICPC
Approved by AAICPC Approved by AAICPC ---- 20052005
Actively Endorsed by APHSAActively Endorsed by APHSA
Need 35 State to take effectNeed 35 State to take effect
12 States have enacted legislation 12 States have enacted legislation
(FL,Me,De,Ok,Ne,Mn,Wi,In,Oh,Mo,La and (FL,Me,De,Ok,Ne,Mn,Wi,In,Oh,Mo,La and
Ak)Ak)
5555
ISSUES WITH NEW ICPCISSUES WITH NEW ICPC
Creation, Powers and Authority of Creation, Powers and Authority of
Interstate Commission Interstate Commission
Concerns over standards relating to Concerns over standards relating to
enforcement of ICPC, rulemaking, dispute enforcement of ICPC, rulemaking, dispute
resolution and financing of Interstate resolution and financing of Interstate
CommissionCommission
Lawful actions of Interstate Commission Lawful actions of Interstate Commission
binding on member States. (Article XVII)binding on member States. (Article XVII)
New York not introduced implementing New York not introduced implementing
legislationlegislation5656
ICPC Staff and CaseloadsICPC Staff and Caseloads
Foster Care Placements including Parent and Relative Requests aFoster Care Placements including Parent and Relative Requests and nd
Upgrades to Adoptive Requests:Upgrades to Adoptive Requests:
(Caseload is determined by first letter of child(Caseload is determined by first letter of child’’s last name)s last name)
Dan Friedland Dan Friedland [email protected]@ocfs.state.ny.us AA--CC
Mary McCullough Mary McCullough [email protected]@ocfs.state.ny.us DD--JJ
Sharon Jocelyn Sharon Jocelyn [email protected]@ocfs.state.ny.us KK--RR
Migdalia Crego Migdalia Crego [email protected]@ocfs.state.ny.us SS--ZZ
New Public Adoptions, Residential Placement Requests:New Public Adoptions, Residential Placement Requests:
Mike OMike O’’Connor Connor Michael.OMichael.O’’[email protected]@ocfs.state.ny.us
Private Adoption Requests:Private Adoption Requests:
Ruth Sterling Ruth Sterling [email protected]@ocfs.state.ny.us
Upgrades to Adoptive Requests:Upgrades to Adoptive Requests:
Shelly Fiebich Shelly Fiebich [email protected]@ocfs.state.ny.us5757
To View Full Text of CompactTo View Full Text of Compact……
Link to AAICPC website: Link to AAICPC website: http://icpc.aphsa.org/Home/home_news.asphttp://icpc.aphsa.org/Home/home_news.asp
Link to NY State pages:Link to NY State pages:
http://icpc.aphsa.org/Home/doc/Statehttp://icpc.aphsa.org/Home/doc/State--Pages/New%20York.docPages/New%20York.doc
5858
UCCJEAUCCJEA
MEETS MEETS
ICPCICPC
5959
UCCJEA UCCJEA –– but thatbut that’’s only about s only about
private custody cases!private custody cases!NO, IT IS NOT!!NO, IT IS NOT!!
DRL Art. 5DRL Art. 5--AA
DRL DRL §§ 7575--a(4) a(4) –– “…“…includes a proceeding includes a proceeding
for divorce, separation, NEGLECT, for divorce, separation, NEGLECT,
ABUSE, dependency, guardianship, ABUSE, dependency, guardianship,
paternity, TERMINATION OF PARENTAL paternity, TERMINATION OF PARENTAL
RIGHTS and protection from domestic RIGHTS and protection from domestic
violenceviolence…”…”6060
““Home StateHome State””
DRL DRL §§ 7575--a (7) a (7) ––
The home state of a child is where the child The home state of a child is where the child
has been living with a parent or someone has been living with a parent or someone
acting as a parent for the last 6 acting as a parent for the last 6
consecutive months before a proceeding consecutive months before a proceeding
is brought is brought -- if child is less than 6 months if child is less than 6 months
old, then where they have lived since birth old, then where they have lived since birth
6161
Bound by the court orderBound by the court order
If a court with proper jurisdiction under If a court with proper jurisdiction under
UCCJEA has made a determination, then UCCJEA has made a determination, then
any person served, those who submitted any person served, those who submitted
to the jurisdiction of were given an to the jurisdiction of were given an
opportunity to be heard are bound by the opportunity to be heard are bound by the
decision and it is conclusive on the issues decision and it is conclusive on the issues
of law and factof law and fact
DRL DRL §§ 7575--ee
6262
Who has initial jurisdiction of an Who has initial jurisdiction of an
Art. 10 or a TPR? DRL Art. 10 or a TPR? DRL §§ 7676A court has jurisdiction if A court has jurisdiction if
–– It is the home state of the child when the It is the home state of the child when the
proceedings startsproceedings starts
-- It was the home state within the last 6 It was the home state within the last 6
months and there is still a parent in the months and there is still a parent in the
statestate
6363
OROR
There is no other state that is a home There is no other state that is a home
state or the home state court has declined state or the home state court has declined
jurisdiction AND jurisdiction AND
-- the child and a least on parent or the child and a least on parent or
person acting as a parent have a person acting as a parent have a
significant connection to the state other significant connection to the state other
then simply being there ANDthen simply being there AND
-- substantial relevant evidence is in substantial relevant evidence is in
this statethis state
6464
OROR
-- all courts that would have jurisdiction all courts that would have jurisdiction
have declined jurisdiction on the ground have declined jurisdiction on the ground
that this state is the more appropriate that this state is the more appropriate
forum orforum or
-- no state fits the home state definitionno state fits the home state definition
-- physical presence or personal physical presence or personal
jurisdiction over a party, including the child jurisdiction over a party, including the child
is not necessary to allow the court to make is not necessary to allow the court to make
a determinationa determination
6565
EXCLUSIVE, CONTINUINGEXCLUSIVE, CONTINUING
DRL DRL §§ 7676--a a
When a court was the proper home state When a court was the proper home state
for the initial decision, it continues to have for the initial decision, it continues to have
exclusive jurisdiction over the matter until exclusive jurisdiction over the matter until
THAT COURT determines that there is no THAT COURT determines that there is no
longer a significant connection AND that longer a significant connection AND that
substantial evidence is not longer substantial evidence is not longer
available in that state ORavailable in that state OR
6666
EXCLUSIVE, CONTINUINGEXCLUSIVE, CONTINUING
The initial court or anther states court The initial court or anther states court
determine that the child , the parents and determine that the child , the parents and
anyone acting as the parent (all of them) anyone acting as the parent (all of them)
do not reside in the state anymoredo not reside in the state anymore
An initial court who now does not have An initial court who now does not have
exclusive, continuing jurisdiction can only exclusive, continuing jurisdiction can only
modify the order if it would now have initial modify the order if it would now have initial
jurisdictionjurisdiction
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SO, if another court has issued SO, if another court has issued
a prior order re this familya prior order re this familyThere is NO jurisdiction for your court to There is NO jurisdiction for your court to
now modify that order UNLESSnow modify that order UNLESS
1. You currently are the home state as 1. You currently are the home state as
per DRL per DRL §§ 76 and 76 and
2. The other states court determines it 2. The other states court determines it
does not have exclusive, continuing does not have exclusive, continuing
jurisdiction or that your state is the more jurisdiction or that your state is the more
convenient forum ORconvenient forum OR
3.Either court determines that everyone 3.Either court determines that everyone
now lives in the new state.now lives in the new state.6868
TEMPORARY emergency TEMPORARY emergency DRL DRL §§ 7676--c c -- a court can act if a child is in a court can act if a child is in
the state and has been abandoned or there the state and has been abandoned or there
is an emergency and the child, a sibling or is an emergency and the child, a sibling or
the parent need to be protectedthe parent need to be protected
If there has never been an action brought If there has never been an action brought
in the proper state, the temp order can be in the proper state, the temp order can be
in place until the proper state actsin place until the proper state acts
If there is an order from another state, the If there is an order from another state, the
emergency order can last until action in the emergency order can last until action in the
other stateother state6969
These are just the basicsThese are just the basics
Also need to review:Also need to review:
DRL DRL §§ 7676--e Simultaneous Proceedingse Simultaneous Proceedings
§§ 7676--f Inconvenient forumf Inconvenient forum
§§ 7676--g Jurisdiction declined by reason of g Jurisdiction declined by reason of
conductconduct
§§§§ 77 77 –– Enforcement procedure for other Enforcement procedure for other
states ordersstates orders
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