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
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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
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