What happens when a child is placed in foster care across state lines?

What the Law Says

Federal law sets baseline requirements for foster care placements, including those that cross state lines. The Adoption and Safe Families Act (ASFA) mandates that states maintain a plan meeting specific criteria to receive federal funding — including protections for children placed interstate.

Under 42 U.S.C. § 671, a state's foster care and adoption assistance plan must include provisions ensuring that 'in the case of a child placed in foster care outside the State where the child resides, the placement is made in accordance with the Interstate Compact on the Placement of Children.' This means no state may place a child across state lines without complying with the ICPC — a uniform agreement among all 50 states, D.C., and U.S. territories that governs such placements.

The law also requires that placements be made 'in accordance with a case plan' and 'in the best interests of the child,' with special attention to health, safety, and well-being. States must provide services to prevent removal from home when possible, but when placement is necessary — especially across state lines — rigorous oversight and coordination are mandatory.

Statutory Text

in the case of a child placed in foster care outside the State where the child resides, the placement is made in accordance with the Interstate Compact on the Placement of Children

— 42 U.S.C. § 671(a)(13) — State plan for foster care and adoption assistance

Statutory Text

the placement is made in accordance with a case plan... and in the best interests of the child

— 42 U.S.C. § 671(a)(15) — State plan for foster care and adoption assistance

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