For people using an agency — The Bump
Adoption

For people using an agency

So we were told our state is incredibly slow when it comes to ICPC. We will have to be whatever state we adopt from for 3 weeks because of our state's slowness.

So my question is: If we adopt from another state...do we go by our state's rules or the state we adopt from? Or technically both?? This may sound silly and I don't think I'm articulating it well.

Also, I've heard people talking about how TPR wasn't for 30 days...do you get to bring the baby home before that time is up or do you have to stay in the state you adopted from for the entire 30 days?

Would someone mind explaining the difference between TPR and ICPC??

TIA!!

Lilypie Second Birthday tickers Lilypie First Birthday tickers

Re: For people using an agency

  • amm78amm78
    100 Comments Third Anniversary
    member

    My agency said that we can bring the baby home once ICPC clears, even if the TPR revocation period is not up.  From my understanding, ICPC is just giving permission to take the baby over state lines.  TPR is the termination of parental rights... most states have some type of revocation period (10 days, 30 days, etc) where the birthmom can change her mind and ask for the baby back.  So, if you brought your baby home once ICPC clears, but the revocation period for TPR is not up, you could possibly have to take the baby back to that state if birthmom changes her mind.

     

    I think you go by the laws in the state you where the baby is born.


  • Both rules. I believe some supercede others depending on which particular rule you're talking about, but your agency should lay that out for you.

    TPR and ICPC are 2 different things. TPR is termination of parental rights. The birthfamily has a fixed amount of time (which differs by state) to change their minds and parent the child. ICPC is the amount of time it takes the birth state to "release" the child to their home state, and the home state to "accept" the child into that state.

  • Both the sending state and the receiving state have to clear your ICPC documents.  So, even if your sending state has an efficient ICPC office, you can still be stuck in the sending state for a long time if your own state's ICPC office takes a long time to clear you.

    When TPR happens depends on the state where the baby is born.  It varies greatly, and 30 days is an unusually long time (I think this is in CA?)  In Nevada, a parent signs 72 hours after birth and it's not revocable once signed.  In GA, the parents can sign right after birth, but they have 10 days to revoke.  I'm assuming by "TPR" you mean when a parent signs a document surrendering parental rights.  If the mother signs but there is an unknown biological father or the whereabouts of the bio father are unknown, then an attorney will have to publish a notice in the paper and terminate the father's parental rights.  This won't effect when you get to bring the baby home.

  • I spent Friday talking about this to our county official in preparation for an out of state situation.

     What I learned is that it depends where you are planning to finalize.
    For CA, if we finalize out of state, we have to meet a minimum of paperwork for ICPC.  The social worker says that it's the "normal papers" (whatever that means!).  But if we finalize in CA, they tend to need more and it takes longer. 

    If I were you, I'd call the social work office that handles ICPC in your county to understand what they specifically require. 

    image Best friends and sisters... 24 months and 16 months
  • You ladies are awesome!

    OK, I had a better understanding than I thought I did. :-) Thanks for the clarification.

    In Ohio our TPR is 72 hours. Is there some place on the web that breaks down each state's TPR timeframes??

    Lilypie Second Birthday tickers Lilypie First Birthday tickers
This discussion has been closed.
Choose Another Board
Search Boards