B.B.
Riverside County Department of Public Social Services v. B.B.
Opinion
lead Opinion
Richli, J.
“One of the key elements of any interstate compact is uniformity in interpretation. Uniformity, however, is lacking with respect to the issue of whether the [Interstate Compact on the Placement of Children] applies to the placement of a child with a natural parent. . . .” (Butler, Child Welfare—Outside the Interstate Compact on the Placement of Children— Placement of a Child with a Natural Parent (1992) 37 Villanova L.Rev. 896, 916, fn. omitted.)
As we will discuss, California cases have consistently held that the Interstate Compact on Placement of Children (ICPC; Fam. Code, § 7900 et seq.) does not apply to an out-of-state placement with a parent. They have even gone so far as to invalidate statewide rules and regulations that purported to make the ICPC apply. Other jurisdictions that have taken the same position include Arkansas (Arkansas Dept. of Human Services v. Huff (2002) 347 Ark. 553, 562-564 [ 65 S.W.3d 880, 886-888 ]), New Hampshire (In re Alexis O. (2008) 157 N.H. 781, 788-791 [ 959 A.2d 176, 182-185 ]), New Jersey (State, DYFS v. K.F. (2002) 353 N.J.Super. 623 , 631-636 [ 803 A.2d 721 , 726-729]), Washington (In re Dependency of D.F.-M. (2010) 157 Wn.App.…