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Options for Reforming the ICPC
With the guidance of these criteria, the question of the best approach to improving interstate placements is
now addressed. At present, there are two main options to explore with regard to the role of the ICPC in
interstate adoptions. Both fulfill the criteria outlined earlier and satisfy the ultimate goal of this report; to
place more children into permanent adoptive homes through a more efficient ICPC process. The first
option is to begin the process of federalizing the ICPC, which brings with it federal enforcement power
and government funding. The second option is to revise the ICPC process as it stands now, maintaining
the reciprocity agreement between states but updating it and making it a more effective tool for public
agencies to use. An analysis of each of these options is necessary before recommending a course of
action.
Though only two options are examined in detail here, it should be noted that other options exist. First,
one consideration is to leave the system intact and allow the natural course of action to proceed. The
current process is not fatally flawed, that is to say that interstate adoptions are completed, but the best
interests of the children are not met when they remain in the foster care system for longer than is
necessary. Thus, the status quo option cannot answer the points that are raised in previous parts of this
report, and it is not a preferable option. Second, another option is to eliminate the ICPC and allow states
to independently create agreements with other states to facilitate interstate placements. This is indeed a
possible option, but we feel that the ICPC system should not be completely eliminated, because the
underlying intent of the compact is sound and the process is relatively effective. In short, while there are
other possible solutions to resolving complicated interstate adoption processes, they do not sufficiently
meet the criteria and simply do not present the benefits provided by the following two options.
Option One: Federalizing the ICPC
One approach to addressing the problems with the interstate placement process is to federalize the entire
process. This approach overrides the local and collaborative approach on which the compact is based,
and replaces it with federal oversight. It is a move that is not inconsistent with recent federal government
policy changes regarding the management of child placements; however, the new administration may not
be open to extending federal control to interstate adoption. That being said, let us proceed with the
examination of this option.
“Federal legislation that supplants the existing compact is a more realistic alternative to reform of the
ICPC process. Federal Law, in the form of Titles IV-B and IV-E of the Social Security Act and the Child
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