TARA S. v. Superior Court

On October 7, 1992, a petition was filed alleging the minor, Brianna, was at risk of physical and sexual abuse due to her mother’s substance abuse (Welf. & Inst, § 300, subds. (b) and (d)). The child was placed in a confidential foster home. At the detention hearing on December 10, 1992, the minor’s biological father, Brian C., with the concurrence of the department of social services (DSS) moved to dismiss the petition. The court denied the motion to dismiss believing there would be insufficient safeguards to protect Brianna from her mother’s behavior and possible abduction. The court ordered a short transition and that the child be detained with Brian at his home in Minnesota. The child has been living with her father and stepmother since that time.

I

Mother complains about the placement saying the court may not detain a child out-of-state without the approval of the receiving state, here Minnesota, under the Interstate Compact on Placement of Children (ICPC) (Civ. Code, § 264 et seq.). The purpose of the ICPC is to facilitate the cooperation between states in the placement and monitoring of dependent children. Article 2, subdivision (d) defines placement as “in a…