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Name: In re C.B.
Case #: E050209
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/27/2010
Summary

Interstate Compact on the Placement of Children (ICPC) requirements do not apply to out of state placement with a parent. The minors were removed primarily due to the mother’s substance abuse. The only allegation concerning the father was that he failed to protect the children from the mother. The department placed the minors with the father on the condition that he not live with the mother. Father indicated he was planning on leaving the state. The department argued that the juvenile court could not place the children out of state with the father unless it complied with the ICPC. The court authorized the father to leave California with the children and the department appealed, contending that the juvenile court erred by placing the children with the father out of state without ICPC compliance. The appellate court rejected the argument and affirmed. The ICPC did not apply here regardless of whether the father was an offending or non-offending parent. California courts have consistently followed the view that ICPC provisions do not apply to an out of state placement with a parent. Conflicts with the laws of other states, however, creates dysfunction, and it may be time for a multi-state legislative response.