Current through Register Vol. 63, No. 12, December 1, 2024
(1) When the
placement of a child is subject to the ICPC, the sending agency must comply
with the requirements of the ICPC and OAR 413-040-0200 to
413-040-0292.
(2) The ICPC applies
to the placement of a child:
(a) With a
parent, adoptive family, relative family or a foster family in another state,
when the child is in the care or custody of a public child welfare
agency;
(b) By any individual or
entity into another state if the placement is for adoption; and
(c) By any individual or entity into a
licensed residential treatment center located in another state.
(3) The ICPC does not apply to the
placement of a child:
(a) By the child's
parent, step-parent, grandparent, adult sibling, adult uncle, adult aunt or
legal guardian with any such relative or guardian located in another
state.
(b) Into a medical facility,
psychiatric institution or boarding school located in another state.
(c) When:
(A) The court places the child with a parent
from whom the child was not removed; and
(B) The court has no evidence and seeks no
evidence of the parent's unfitness; and
(C) The court relinquishes jurisdiction over
the child immediately upon placement with the parent.
(4) The ICWA applies to all ICPC
placements of an Indian child, except those ICPC placements where the child is
placed by a parent into a residential treatment facility.
(5) When a child is placed from a foreign
country into a state other than Oregon by a private agency licensed in Oregon,
the following requirements apply:
(a) When an
Oregon licensed agency is placing a child from a foreign country into a state
other than Oregon, the ICPC applies if the child enters the United States under
an IR4 visa and the entity facilitating the placement has guardianship of the
child.
(b) If the Oregon licensed
private agency takes custody of the child before placing the child outside the
state of Oregon, the ICPC applies.
Statutory/Other Authority: ORS
418.005
Statutes/Other Implemented: ORS
417.200-417.260
