Ariz. Admin. Code § 21-5-105

Current through Register Vol. 30, No. 45, November 8, 2024

Section R21-5-105 - Applicability

A. Except as listed in sub-section B, the ICPC applies to the placement of:

1. Children in another Compact State by an agency, court or person, which has care or custody of the children.

2. Foreign-born children who are brought under the jurisdiction of a Compact State by an international child placing agency.

B. In addition to the children listed in statute that are not subject to ICPC, the ICPC does not apply:

1. When a child is placed in an institution caring for the mentally ill, mentally impaired, epileptic, or in any institution primarily educational in character or in any hospital or other medical facility.

2. To the placement of children into and out of the United States when the other jurisdiction involved is a foreign country.

3. When a sending court or agency seeks an independent (not ICPC related) courtesy check for placement with a parent from whom the child was not removed, the responsibility for credentials and quality of the courtesy check rests directly with the sending court or agency and the person or party in the receiving state who agrees to conduct the courtesy check without invoking the protection of the ICPC home study process. This does not prohibit a sending state from requesting an ICPC.

4. The Compact does not apply in court cases of paternity, divorce, custody, and probate pursuant to which or in situations where children are being placed with parents or relatives or non-relatives.

Ariz. Admin. Code § R21-5-105

New section made by exempt rulemaking at 21 A.A.R. 2979, effective 1/2/2016.