CopyCited 22 times | Published | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 14734, 1999 WL 999800
...Based on our conclusion that the ICPC is applicable to an out-of-state placement of a dependent child with a natural parent, we reverse. DISCUSSION The purpose of the ICPC is to facilitate cooperation between participating states in the placement and monitoring of dependent children. § 409.401, Art....
...urse is not the situation where a child is being sent to live with his or her natural parent. However, the section setting out the limitations on the ICPC's applicability does not preclude its application to placements with non-resident parents. See § 409.401, Art. VIII, Fla. Stat. (1997). [3] Additionally, the provisions of the ICPC "shall be liberally construed to effectuate the purposes thereof," section 409.401, Article X, Florida Statutes, which construction supports the application of the ICPC to the out-of-state placement of a dependent child with his or her natural parent....
...clude that A.B. should remain in Florida until the Vermont authorities indicate their agreement to A.B.'s placement in Vermont. The order directing DCF to transport the child to Vermont is reversed. REVERSED. DAUKSCH and COBB, JJ., concur. NOTES [1] Section 409.401, Article III(d), Florida Statutes (1997) precludes the sending of a child into the receiving state until the appropriate agency in the receiving state notifies the sending state in writing that the proposed placement "does not appear to be contrary to the interests of the child." [2] § 409.401, Art....
CopyCited 22 times | Published | Florida 4th District Court of Appeal | 1996 WL 165019
...parents and the biological relatives were ready, willing and able to adopt S.D.V-H. At that point, the biological relatives could have proceeded with the adoption in New York State pursuant to the Interstate Compact on the Placement of Children, see § 409.401, Fla.Stat., with the blessing of HRS, but for the actions of the foster parents in refusing to abide by HRS's decision and their written agreement with HRS....
CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 1115
...ign order. Appellant first claimed that appellees did not initiate the adoption until after she revoked her consent as permitted by Pennsylvania law. Appellant also alleged that appellees violated the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (1980), when they transported the child to Florida without prior notice to the appropriate public authorities....
CopyCited 16 times | Published | Florida 5th District Court of Appeal | 2003 WL 69505
...dy for the purposes of the relevant statute. 2. Department of Children & Families v. Benway,
745 So.2d 437 (Fla. 5th DCA 1999) was not dispositive of the instant case. 3. The delays inherent in the Interstate Compact on Placement of Children (ICPC), §
409.401, Fla....
...Because the mother resides in Massachusetts and the children will be residing in that state, DCF cannot conduct the home study, but the ICPC fills that void. Each member state has a "Compact Administrator," as required by Article VII of the ICPC as codified in Section 409.401, Florida Statutes....
CopyCited 9 times | Published | Florida 5th District Court of Appeal | 2002 Fla. App. LEXIS 7231, 2002 WL 1040258
...ter care. On September 15, 2000, approximately four months after R.H. was adjudicated dependent, DCF filed with the court a motion seeking authorization to place R.H. with Jones pursuant to the Interstate Compact on the Placement of Children (ICPC), section 409.401, Florida Statutes....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 18240, 2001 WL 1645365
...Invoking Article III of the Interstate Compact on the Placement of Children (ICPC), the Department complains of the lack of written notice from Georgia child welfare authorities "to the effect that the proposed placement does not appear to be contrary to the best interests of the child." § 409.401, art....
...(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. *1051 § 409.401, Fla....
...e, the requirements of Article III(d) do not apply to M.G.'s relocation to Georgia with her mother. The ICPC defines placement as "the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution." § 409.401, art....
...Limitations This compact shall not apply to: (a) The sending or bringing of a child into a receiving state by a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or a guardian and leaving the child with any such relative or nonagency guardian in the receiving state. § 409.401, Fla....
..."The conditions of article 3, such as advance notice to and approval of the receiving state before the placement is made, clearly do not apply when the child is placed with a parent." In re Johnny S., 47 Cal.Rptr.2d at 99. B. The Department relies not only on section 409.401, Florida Statutes (2000), but also on regulations promulgated by the Association of Administrators of the Interstate Compact. Without qualification, Article VII purports to confer on participating states' compact administrators, acting jointly, "power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact." § 409.401, Fla....
CopyCited 6 times | Published | Florida 1st District Court of Appeal
...Thereafter, T.M.L. and J.M.L. were placed in foster care and the parents entered into a performance agreement with HRS. On May 25, 1983, HRS petitioned the trial court to enter an order of compliance with the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes; HRS informing the court that it wished to conduct a home study of the children's paternal grandparents, residents of Statenville, Georgia....
...ed by the appropriate Georgia officials. Moreover, the trial judge's order relinquished jurisdiction over T.M.L. and J.M.L. This is contrary to the provisions of Article III(d) and Article V(a) of the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (1983)....
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2005 Fla. App. LEXIS 1672, 2005 WL 387543
...to be returned to New Hampshire into the aunt's custody over the department's objections. The court also terminated supervision of the child. On appeal, the department argues that the trial court violated the ICPC by returning C.T. to the aunt over the opposition of the New Hampshire authorities. Section 409.401, Florida Statutes, Florida's codification of the ICPC, provides in Article III(d): The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receivin...
...whether Florida was required to receive a second approval from New Hampshire before returning C.T. to New Hampshire. After reviewing Department of Children and Families v. Benway,
745 So.2d 437, 438 (Fla. 5th DCA 1999), and the ICPC, as codified in section
409.401, Florida Statutes, we conclude that the ICPC applies to the aunt, and that the trial court had no authority to return C.T....
...flicts. Id. A receiving state conducts an investigation and reports in writing, before the child is approved for placement, to the sending state to ensure that "the proposed placement does not appear be to be contrary to the interests of the child." § 409.401, Art....
...bility for not complying. REVERSED and REMANDED for hearing consistent with this opinion. MONACO and TORPY, JJ., concur. NOTES [1] purpose of the ICPC is to facilitate cooperation between states in the placement and monitoring of dependent children. § 409.401, Fla....
...Benway,
745 So.2d at 438; J.D.S. v. Franks, 182 Ariz. 81, 893 P.2d 732, 740 (1995) (en banc). Essentially, the ICPC compact administrator in the "sending state" recommends a placement and provides the "receiving state" with information concerning the proposed placement. §
409.401, art....
CopyCited 5 times | Published | Supreme Court of Florida | 10 Fla. L. Weekly 1
...(c) The rule is designed to deal with the frequent problem of pending juvenile actions in different states. Jurisdiction can be transferred pursuant to the Uniform Child Custody Jurisdiction Act, F.S. 61.1302 et seq., the Interstate Compact on the Placement of Children, F.S. 409.401 et seq., and the Interstate Compact on Juveniles, F.S....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2014 WL 3953309, 2014 Fla. App. LEXIS 12459
...he court ordered reunification with the father. The court noted that the Department would continue to supervise the father for the next six months and that he would present himself for random urinalysis. The ICPC was adopted into Florida Statutes at section 409.401....
...ding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective or epileptic or any institution primarily educational in character, and any hospital or other medical facility. § 409.401, art....
...The ICPC does not apply to the “sending or bringing of a child into a receiving state by a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or a guardian and leaving the child with any such relative or nonagency guardian in the receiving state.” § 409.401, art....
...hildren would reside, and the State’s intervention had not yet ended. Under these conditions, the ICPC did apply and the lower court violated the ICPC by sending the children to Maryland without complying with the ICPC Conditions of Placement. See § 409.401, art....
...While there were serious irregularities in the procedural process by which the lower court eventually ordered reunification, due to events that have occurred since the filing of this appeal, those concerns are no longer before this court. . These terms are defined at section 409.401, article II, Florida Statutes (2013).
CopyCited 4 times | Published | Florida 3rd District Court of Appeal
...to adjudicate legal rights and responsibilities, it is not within their province to manage the affairs of another branch of government." Id. at 899. I respectfully dissent. NOTES [1] The Interstate Compact on the Placement of Children ("ICPC") enacted by Section 409.401, Florida Statutes (2001), requires DCF to send written notification to a receiving state that "the proposed placement does not appear to be contrary to the interests of the child" prior to authorizing a child to be sent to the receiving state. See § 409.401, Art....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 12 Fla. L. Weekly 879
...cy which was licensed by the department. The agency erred, however, in formulating findings of fact not made by the hearing officer, for the purpose of supporting its conclusion that appellant's unlicensed activities were violative of Chapter 63 and section 409.401, Florida Statutes....
...The hearing officer rejected as legally irrelevant the department's proposed findings of fact on evidence of prior unlicensed activities conducted by appellant which the department maintained were violative of Chapter 63, Florida Statutes, and the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes....
...The department further rejected the hearing officer's determination that its own rules compelled issuance of the license, and concluded that the hearing officer erred in finding irrelevant all evidence of appellant's violation of the statutory and Interstate Compact provisions of Chapter 63 and section 409.401, Florida Statutes. The department then made its own "supplemental findings of fact" as to appellant's unlicensed activities, and concluded that such activities were violative of Chapter 63 and section 409.401, Florida Statutes....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 3821847
...In its May 6 order resulting from this judicial review, the court found the Father to be a "non-offending parent" and, based on the Father's request for possible placement of K.M. in his home, the court ordered that an Interstate Compact on the Placement of Children (ICPC; § 409.401 et seq., Fla....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2016 Fla. App. LEXIS 14623
...3 “The standard of review for a question of law in dependency proceedings is de novo.” C.R. v. Dep’t of Children & Family Servs.,
53 So.3d 240, 242 (Fla. 3d DCA 2010) (quoting G.C. & D.C. v. Dep’t of Children & Families,
791 So.2d 17, 19 (Fla. 5th DCA 2001)). In relevant part, the ICPC provides:
409.401 Interstate Compact on the Placement of Children....
...rought into the *955 receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child. § 409.401, Fla....
...All parties recognize that the ICPC requirements have not been fulfilled in this case because the appropriate public authority in Massachusetts has not provided written notice to DCF or the court that the “proposed placement does not appear to be contrary to the interests of the children].” § 409.401, Art....
...structions for the trial court to determine whether it would be in the children’s best interest for them to remain in the father’s custody pending the completion of the ICPC process. REVERSED and REMANDED. SAWAYA and ORFINGER, JJ., concur. . See § 409.401, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2003 WL 22239088
...Finally, on January 14, 2003, the trial court held an evidentiary hearing concerning returning the two children to D.N. At that hearing, the Department raised no issues concerning compliance with the Interstate Compact on the Placement of Children (ICPC), section 409.401, Florida Statutes (2001)....
...While not saying so directly, the Department appears to believe that the ICPC, rather than the UCCJA and the PKPA, controls the resolution of this case. Simply put, this is not so. The purpose of the ICPC is to facilitate cooperation between states in the placement and monitoring of dependent children. § 409.401, Fla....
...Benway,
745 So.2d at 438; J.D.S. v. Franks, 182 Ariz. 81, 893 P.2d 732, 740 (1995) (en banc). Essentially, the ICPC compact administrator in the "sending state" recommends a placement and provides the "receiving state" with information concerning the proposed placement. §
409.401, art....
CopyCited 3 times | Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3845
...parents and the biological relatives were ready, willing and able to adopt S.D.V-H. At that point, the biological relatives could have proceeded with the adoption in New York State pursuant to the Interstate Compact on the Placement of Children, see § 409.401, Fla.Stat., with the blessing of HRS, but for the actions of the foster parents in refusing to abide by HRS’s decision and their written agreement with HRS....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 785
...that she received any assistance toward rehabilitation from that agency. Further, despite efforts by the trial court to have the necessary paper work completed for implementation of the Interstate Compact on the Placement of Children, as mandated by section 409.401, Florida Statutes, the record does not indicate whether the Compact was ever complied with, although in August, 1983, the court was informed that three to six weeks was still needed for completion of the paper work....
...l lack of compliance with the statutory requirement of a performance agreement, and with the Interstate Compact, we need not reach all of the issues raised. Instead, on the basis of noncompliance with the mandates established in sections 409.168 and 409.401, we must reverse the order terminating foster care placement, and direct the child be returned to Florida and H.R.S....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 552, 2011 WL 222243
...Through his attorney ad litem, R.F. petitions this court for a writ of certiorari to review an order requiring the child to return to Florida because his continued stay in New York is in violation of the Interstate Compact on the Placement of Children (ICPC). § 409.401, Fla....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2007 Fla. App. LEXIS 2729, 2007 WL 601161
...5th DCA 2002). We find here, however, that there is insufficient evidence to support such requirements as to W.K. We affirm, however, the trial court's order as to the requirement that the father comply with the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 21761
...of Health & Rehabilitative Services, Pensacola, for appellant. No appearance for appellee. WIGGINTON, Judge. In this appeal, the Department of Health and Rehabilitative Services raises two issues: (1) whether the Juvenile Court violated the Interstate Compact on the Placement of Children, Article III(d), Section 409.401, Florida Statutes (1981), when it granted physical custody of M.W....
CopyCited 2 times | Published | District Court, S.D. Florida | 2000 U.S. Dist. LEXIS 5588, 2000 WL 519123
...f Children and Families because he was disqualified under §
63.042(3), Florida Statutes. ( Id. at ¶ 11). For the last year, Lofton has lived in Oregon with Doe pursuant to an authorization under the Interstate Compact on the Placement of Children, §
409.401, Florida Statutes....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 12919, 2010 WL 3446912
...We reverse the trial court's orders reuniting the children with their mother, T.T., dismissing the dependency proceeding, and terminating the trial court's jurisdiction because the orders do not comply with the Interstate Compact for the Placement of Children ("ICPC"), section 409.401, Florida Statutes (2009)....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 7331, 2010 WL 2079658
...The Department of Children and Family Services petitions for a writ of certiorari vacating a nonfinal order reunifying the children, J.D. and S.D., with the mother, S.D., in Alabama. S.D. and the guardian ad litem concede error. The trial court violated the Interstate Compact on the Placement of Children Act, codified at section 409.401, Florida Statutes (2009), by placing the children, J.D....
CopyPublished | Florida 5th District Court of Appeal
...At the hearing, the children
testified that the mother had physically abused them, called them names, and was violent
towards her paramour. The trial court found the children to be dependent. The children’s
attorney indicated to the court that, at disposition, she would seek to have the children
1 See § 409.401, Fla....
...s is de
novo.” C.R. v. Dep't of Children & Family Servs.,
53 So. 3d 240, 242 (Fla. 3d DCA 2010)
(quoting G.C. & D.C. v. Dep't of Children & Families,
791 So. 2d 17, 19 (Fla. 5th DCA
2001)).
In relevant part, the ICPC provides:
409.401 Interstate Compact on the Placement of Children.
....
Article III Conditions for Placement.
(a) No sending agency shall send, bring, or cause to be sent
or brought into a...
...s is de
novo.” C.R. v. Dep't of Children & Family Servs.,
53 So. 3d 240, 242 (Fla. 3d DCA 2010)
(quoting G.C. & D.C. v. Dep't of Children & Families,
791 So. 2d 17, 19 (Fla. 5th DCA
2001)).
In relevant part, the ICPC provides:
409.401 Interstate Compact on the Placement of Children.
....
Article III Conditions for Placement.
(a) No sending agency shall send, bring, or cause to be sent
or brought into a...
...the appropriate public
authorities in the receiving state shall notify the sending
agency, in writing, to the effect that the proposed placement
does not appear to be contrary to the interests of the child.
§ 409.401, Fla....
...the appropriate public
authorities in the receiving state shall notify the sending
agency, in writing, to the effect that the proposed placement
does not appear to be contrary to the interests of the child.
§ 409.401, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 13830, 2002 WL 31101341
...from the only parent he has ever known, until the appropriateness of so doing may be ascertained. Accordingly, we deny the DCF’s petition in all respects. Petition denied. . The Interstate Compact on the Placement of Children ("ICPC”) enacted by Section 409.401, Florida Statutes (2001), requires DCF to send written notification to a receiving state that "the proposed placement does not appear to be contrary to the interests of the child" prior to authorizing a child to be sent to the receiving state. See § 409.401, Art....
CopyPublished | Florida 5th District Court of Appeal | 2008 WL 4361238
...e three-year-old minor and placed him with non-relatives. The mother failed to comply with her case plan. The Department learned that the father, who lived in Ohio, desired to obtain custody of the child and initiated a study of his home pursuant to section 409.401, et seq., Florida Statutes (2007), the Interstate Compact on the Placement of Children ("ICPC")....
CopyPublished | Florida 2nd District Court of Appeal | 2003 Fla. App. LEXIS 14777
...Finally, on January 14, 2003, the trial court held an evidentiary hearing concerning returning the two children to D.N. At that hearing, the Department raised no issues concerning compliance with the Interstate Compact on the Placement of Children (ICPC), section 409.401, Florida Statutes (2001)....
...While not saying so directly, the Department appears to believe that the ICPC, rather than the UCCJA and the PKPA, controls the resolution of this case. Simply put, this is not so. The purpose of the ICPC is to facilitate cooperation between states in the placement and monitoring of dependent children. § 409.401, Fla....
...Benway,
745 So.2d at 438 ; J.D.S. v. Franks, 182 Ariz. 81 , 893 P.2d 732, 740 (1995) (en banc). Essentially, the ICPC compact administrator in the “sending state” recommends a placement and provides the “receiving state” with information concerning the proposed placement. §
409.401, art....
CopyPublished | Florida 4th District Court of Appeal
...The uncle
expressed a willingness to care for the child until the child turns eighteen
in December 2024.
Upon the child being located, the child’s attorney ad litem immediately
filed a motion for order of compliance with the Interstate Compact for
Placement of Children (“ICPC”), section 409.401, Florida Statutes (2023),
and for modification of placement....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1115, 1985 Fla. App. LEXIS 13797
...ign order. Appellant first claimed that appellees did not initiate the adoption until after she revoked her consent as permitted by Pennsylvania law. Appellant also alleged that appellees violated the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (1980), when they transported the child to Florida without prior notice to the appropriate public authorities....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 596, 1989 Fla. App. LEXIS 1168, 1989 WL 18835
...The Department of Health and Rehabilitative Services (HRS) asserts that the trial court’s order placing B.J.A. in the permanent custody of his stepgrandparents and relinquishing jurisdiction over B.J.A. violates the Interstate Compact oh the Placement of Children, Section 409.401, Florida Statutes (1987)....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 785, 1985 Fla. App. LEXIS 13167
...that she received any assistance toward rehabilitation from that agency. Further, despite efforts by the trial court to have the necessary paper work completed for implementation of the Interstate Compact on the Placement of Children, as mandated by section 409.401, Florida Statutes, the record does not indicate whether the Compact was ever complied with, although in August, 1983, the court was informed that three to six weeks was still needed for completion of the paper work....
...l lack of compliance with the statutory requirement of a performance agreement, and with the Interstate Compact, we need not reach all of the issues raised. Instead, on the basis of noncompliance with the mandates established in sections 409.168 and 409.401, we must reverse the order terminating foster care placement, and direct the child be returned to Florida and H.R.S....
CopyPublished | Florida 2nd District Court of Appeal | 2002 Fla. App. LEXIS 3584
...to her children. After an adjudicatory hearing, the trial court denied the petition and directed that the children be sent to New York for a visit with G.S.C. pending approval of the placement through the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (2001)....
CopyPublished | Florida 2nd District Court of Appeal | 2002 WL 429071
...to her children. After an adjudicatory hearing, the trial court denied the petition and directed that the children be sent to New York for a visit with G.S.C. pending approval of the placement through the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (2001)....
CopyPublished | Florida 5th District Court of Appeal
Placement of Children ("ICPC"), as provided in section
409.401, Florida Statutes (2018).2 DCF sheltered Child
CopyPublished | Florida 5th District Court of Appeal
...Following Child's birth in May 2018, DCF petitioned to shelter Child. 1 In the shelter petition, DCF requested a home study of Child's maternal grandfather's home in Alabama, in compliance with the requirements of the Interstate Compact on the Placement of Children ("ICPC"), as provided in section 409.401, Florida Statutes (2018)....
..."The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interests of the child." § 409.401, Art....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 2672
on the Placement of Children, codified at section
409.401, Florida Statutes (2005), by placing the child
CopyPublished | Florida 5th District Court of Appeal
...o modify
placement of nine-year-old B.G. The child had been placed in his
mother’s home in Kentucky with that state’s consent pursuant to
the Interstate Compact on the Placement of Children (“ICPC”), as
enacted by the Florida Legislature in section 409.401, Florida
Statutes (2024)....
...brackets omitted)). Below, we briefly sketch how such an analysis
could cut against Fellows’ conclusion.
The ICPC establishes the procedures by which “the party
states . . . cooperate with each other in the interstate placement of
children.” § 409.401, art....
...home or in a child-caring agency or institution but does not include
any institution caring for the mentally ill, mentally defective or
epileptic or any institution primarily educational in character, and
any hospital or other medical facility.” Id. § 409.401, art. II(d). A
placement occurs when a “sending agency” (here, a Florida agency)
“sends, brings, or causes to be sent or brought any child to another
party state,” called the “receiving state” (here, Kentucky). Id.
§ 409.401, art....
...adoption unless the sending agency shall comply with each and
every requirement set forth in [article III of the ICPC] and with
the applicable laws of the receiving state governing the placement
3
of children therein.” Id. § 409.401, art....
...2 The ICPC requires
the sending agency to furnish to the prospective receiving state
2 It seems to us that B.G.’s placement with his mother in
Kentucky constituted neither “foster care” nor “a preliminary to a
possible adoption.” Id. § 409.401, art. III(a). We likewise question
whether it was an “arrangement for the care of a child in a family
free or boarding home or in a child-caring agency or institution.”
Id. § 409.401, art....
...We also note that, like Fellows, our decision in Benway
did not apply the supremacy-of-text principle. See Benway,
745 So.
4
“written notice of the intention to send, bring, or place the child in
the receiving state.” Id. §
409.401, art. III(b). The prospective
receiving state then may demand “such supporting or additional
information as it may deem necessary under the circumstances to
carry out the purpose and policy of” the ICPC. Id. §
409.401, art.
III(c)....
...sent, brought, or caused to be sent or brought into the receiving
state until the appropriate public authorities in the receiving state
shall notify the sending agency . . . that the proposed placement
does not appear to be contrary to the interests of the child.” Id.
§ 409.401, art....
...e child’s return.
Florida’s enactment of the ICPC directs that “[t]he child shall not
be sent, brought, or caused to be sent or brought into the receiving
state until the appropriate public authorities in the receiving
state” have consented. § 409.401, art....
...g agency shall retain
jurisdiction over the child sufficient to determine all matters in
relation to the custody, supervision, care, treatment and
disposition of the child,” including “the power to effect or cause the
return of the child.” Id. § 409.401, art....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 21783
...In its May 6 order resulting from this judicial review, the court found the Father to be a “non-offending parent” and, based on the Father’s request for possible placement of K.M. in his home, the court ordered that an Interstate Compact on the Placement of Children (ICPC; § 409.401 et seq., Fla....
CopyPublished | Florida 5th District Court of Appeal | 2005 WL 1842674
...immediately returned to the custody of J.H. and L.H., residing in Alabama. DCF contends that the order is defective in multiple respects. First, the direction to return the child, J.H., to her parents in Alabama was a violation of the Interstate Compact on the Placement of Children, Section 409.401, Florida Statutes (2004) because the receiving state must approve the transfer in advance....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19748
Interstate Compact on the Placement of Children, Section
409.401, Florida Statutes; see also Interstate Compact
CopyPublished | Florida 1st District Court of Appeal | 2017 WL 1322116, 2017 Fla. App. LEXIS 4950
...and Families appeals the circuit court’s
second amended order dismissing dependency proceedings. The Department
claims error based on the lack of compliance with the Interstate Compact on the
Placement of Children (ICPC) as required by section 409.401, Florida Statutes, and
the lack of a home study of the father’s residence in Indiana....
...on November 20, 2015, and counsel requested
and obtained discovery of the case file. Through counsel, M.A. filed a motion to
modify visitation on December 11, 2015, and requested an order directing the
Department to seek a home study of his residence pursuant to section 409.401,
Florida Statutes, the ICPC.
The court heard M.A.’s motion on December 18, 2015....
...denied the allegations in
the Department’s petition and requested an adjudicatory hearing. Finally, the court
3
ordered the Department to seek an ICPC home study on M.A.’s home, as M.A. had
requested. See § 409.401, Fla....
