Section 465 IAC 2-3-2 - Intercountry placement regulationsAuthority: IC 12-13-5-3
Affected: IC 12-17-8
Sec. 2.
(a) Approval of international child placing agencies. Any international child placing agency which desires to place foreign born children in Indiana must have the prior approval of the state department of public welfare (SDPW). This approval is based upon: (1) written verification said agency is currently licensed as a child placing agency by the state in which it operates; and(2) written verification that all placements made by said agency will comply with the interstate compact on the placement of children (ICPC) and the laws and regulations of Indiana.(b) SDPW prior approval. The following placements of foreign born children in Indiana must be approved by the SDPW: (1) children placed for adoption by licensed child placing agencies;(2) non-agency sponsored adoptive placements;(3) children placed in Indiana for purposes of receiving medical care; (i) such placements must be made by the person or agency with legal custody of the child;(ii) such placements shall be made into licensed boarding homes only.(c) Pre-adoption requirements. The SDPW must give prior approval before a foreign born child may be placed in an adoptive home in Indiana. This approval is based on: (1) Review by the SDPW of a current, favorable adoptive home study provided by an Indiana county department of public welfare (CDPW) or licensed child placing agency (LCPA). If the adoptive family currently resides outside the United States the SDPW shall have the discretion to approve the person or agency completing the adoptive home study.
(2) Review by the SDPW and the Indiana CDPW or LCPA sponsoring the adoption of social, medical and legal information on the child(ren) to be placed provided by the licensed, approved or authorized international child placing agency legally responsible for the child. If the child is not in the legal custody of a United States based child placing agency, this information shall be provided by the agency or person in the child's country of residence with legal custody of the child.
(3) ICPC 100A's (INTERSTATE COMPACT APPLICATION REQUEST TO PLACE A CHILD) completed by the sending agency and signed by the sending state ICPC administrator. In the case of a non-agency adoptive placement, the adoptive family must provide proof of financial liability for the child. This financial liability shall be an agreement between the adoptive family and the Indiana CDPW or LCPA sponsoring the adoption in a form and amount determined by the Indiana CDPW or LCPA. A copy of this financial liability must be provided the SDPW.
Placement of child(ren) into Indiana legally adopted in the country prior to entry into Indiana do not require SDPW approval.
Placement of foreign born children with relatives (parent, grandparent, adult brother or sister and adult aunt or uncle) does not require SDPW approval.
Department of Child Services; 465 IAC 2-3-2; filed Sep 15, 1986, 9:45 am: 10 IR 224; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFATransferred from the Division of Family Resources ( 470 IAC 3-5.1-2) to the Department of Child Services ( 465 IAC 2-3-2) by P.L. 234-2005, SECTION 195, effective July 1, 2005.