Interstate Foster Care Adoption in Indiana: Understanding the ICPC Process

By: Grant Kirsh

Most foster care adoptions in Indiana involve families who live in the same state as the child. But not all of them. In some cases, a family in another state is identified as the best adoptive match for a child in Indiana’s foster care system, whether through kinship, a previous foster placement, or through the Indiana Adoption Program.

When this happens, the adoption must go through the Interstate Compact on the Placement of Children, commonly known as the ICPC. Understanding this process is essential for any out-of-state family hoping to adopt from Indiana foster care.

At Kirsh & Kirsh, P.C., we have handled nearly 3,000 foster care adoptions in Indiana. While most of our cases involve Indiana families, we have experience with ICPC cases as well. Here is what you need to know.

What Is the ICPC?

The ICPC is an agreement among all 50 states, the District of Columbia, and the U.S. Virgin Islands that governs the placement of children across state lines. Its purpose is to ensure that when a child is placed in another state for foster care or adoption, the placement is safe, appropriate, and supervised.

Under the ICPC, both the sending state (where the child is) and the receiving state (where the adoptive family lives) must approve the placement before the child can move across state lines. No child can be physically placed in another state without ICPC approval.

How Does the ICPC Process Work?

The process begins when DCS in Indiana identifies an out-of-state family as the potential adoptive placement. DCS submits an ICPC request to Indiana’s ICPC office, which then forwards the request to the ICPC office in the receiving state.

The receiving state conducts its own evaluation, typically including a home study of the prospective adoptive family. Once the receiving state approves the placement, the child can be placed with the family across state lines. Only then can the adoption proceed toward finalization.

What Are the Challenges?

ICPC cases take longer than in-state adoptions. The additional layer of bureaucracy, the involvement of two state agencies, and the time required for the receiving state to complete its evaluation all extend the timeline. Delays are common, and patience is essential.

Communication between the two states can also be a challenge. Having an attorney in Indiana who knows the DCS system, the ICPC process, and the courts that will finalize the adoption is critical.

Do Adoption Subsidies Apply?

Yes. Children adopted from Indiana foster care through the ICPC process are still eligible for Indiana adoption subsidies, including the recurring daily subsidy, Medicaid, and the non-recurring adoption expense reimbursement. If the child qualifies for federal Title IV-E assistance, that support follows the child to the new state.

Make sure all subsidy agreements are finalized before the adoption is completed. An experienced attorney will ensure this.

Call us at 317-575-5555. Visit us at DCSAdoptions.com.

For a complete overview of the foster care adoption process, read our Complete Guide to Adopting from Indiana Foster Care.

About the Author
Grant Kirsh is a second-generation adoption attorney and owner of Kirsh & Kirsh, P.C., a family law firm in Indianapolis, Indiana that has been serving Indiana families since 1981. Grant graduated from Indiana University McKinney School of Law in 2013 and has personally handled nearly 3,000 foster care adoptions and his law firm has handled over 5,000 private newborn adoptions. He practices all forms of domestic adoption, with a deep personal commitment to expectant mothers considering adoption in Indiana and Indiana’s foster care system and the families and children it serves.