DOES INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) APPLY TO A NON-CUSTODIAL OUT OF STATE BIOLOGICAL PARENT?

Until recently, and almost consistently, the Child and Family Services Agency (CFSA) would in cases where a non-custodial non-petitioned biological parent intervenes in the neglect proceedings and seeks custody of the child – would require that parent to go through the rigorous and rather arduous task of the ICPC approval traditionally reserved for out of state placement with a foster family or an out of state pre-adoptive home. The Supreme Court of Connecticut in an opinion published on July 19, 2012 (IN RE EMONI W. ET AL), dissected the ICPC statutory language and clearly ruled that the biological non-custodial parents are exempt from going through the ICPC approval before placement. ICPC ‘s section 17a-175, article III (a), provides in relevant part: “[n]o sending state shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state . . . .” The court first using the plain statutory language analyzing that biological parents are neither considered to provide
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Categories: Family Law.

WHAT IS THE LEGAL DEFINITION OF “IN LOCO PARENTIS”?

The DC Court of Appeals early on in Fuller v. Fuller, 247 A. 2d (1968) defined the term as a person who willingly puts himself in the role of legal parenting of a child, that is day to day care of the child such as: providing subsistence, food, shelter, medical care, etc – without going through the formalities of a court decreed legal relationship such as child custody, guardianship or adoption.  In short, assuming parental status and discharging the parental duties without legally being required to do so. Traditionally and often the grandparents who take over the parenting of a child when the natural parents fails to do so – fall under this category.  However, with acting as a parent comes the long arm of the DC neglect statute.  That is, if you have assumed a parenting role and in the process you have legally neglected the child, as a natural parent can, you may be prosecuted under the neglect statute.  However, the formula is less clear when it comes to parenting in loco parentis. The Fuller Court made it clear that legal relationship is rather nebulous and malleable and may be temporary depending on the intention of the party
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Categories: Family Law.