18 MAC Pt. 303, R. 2.1.4
Placements – The following types of interstate placements must comply with the
Cite as 18 Miss. Admin. Code Pt. 303, R. 2.1.4
Placements – The following types of interstate placements must comply with the
ICPC:
1. Placements preliminary to an adoption (public, private, and independent);
2. Placements into foster care;
3. Placements with parents and relatives when a parent or relative is not making
the placement; and
4. Placements in group homes or residential facilities, including children
adjudicated delinquent.
Exempted Placements – The following interstate placements/travel are exempt from
compliance with the ICPC:
1. Placement in a hospital, medical, or acute mental health facility, excluding
residential facilities;
2. Placement into boarding schools or institutions primarily educational in
character;
3. Placement made by and to a parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or the child’s non-agency guardian who has
responsibility- for the child.
a. The exemption only applies if the Sending Agency and the placement
recipient belong to the identified class of individuals.
4. Placements resulting from the exclusive jurisdiction of a divorce, probate,
custody, or paternity court;
5. A court’s placement with a parent from whom the child was not removed;
a. Exclusion applies if the court has no evidence the parent is unfit, and
it seeks no evidence regarding the parent’s fitness.
b. The court must immediately relinquish its jurisdiction over the child
upon placement with the parent.
6. A court’s placement with a parent from whom the child was not removed.
Exclusion applies if the court has no evidence the parent is unfit, and the
court seeks no evidence regarding the parent’s fitness. The court must
immediately relinquish its jurisdiction over the child upon placement with
the parent;
7. Placement of a child from or into Puerto Rico, Guam, or Samoa, which
should be completed as a courtesy; and
8. Visits to a Receiving State.
a. The purpose of a visit is to provide the child with a social or cultural
experience of short duration.
b. A visit must have the above purpose and it should last no longer than
thirty (30) days unless it begins and ends within the child’s school
vacation.
i. A visit may not be extended or renewed in a manner which
will cause it to exceed thirty (30) days or the child’s school
vacation period.
ii. A child who remains in a “visit” for over thirty (30) days is
in an unapproved placement in violation of Article III.
c. Visits are not recognized as placements; therefore, the safeguards
offered by the ICPC will not be fully enacted.