When children are placed in foster care due to ACS involvement, many relatives from other states step up to help. But in the past, transferring custody to out-of-state family members could take months due to the Interstate Compact on the Placement of Children (ICPC).
A new ruling by New York’s highest court changes everything.
If your relative is seeking custody—not foster care or adoption—the ICPC does not apply. Gilmer Law Firm, PLLC is here to help Brooklyn and families throughout New York take advantage of this important legal shift.
What Is the ICPC and Why Does It Matter?
- ICPC = a national agreement that regulates foster/adoptive placements across state lines.
- Involves paperwork, background checks, and approval from the receiving state.
- Can take 6+ months, delaying permanency and reunification.
The Game-Changer: Matter of D.L. v. S.B. (Court of Appeals 2022)
- NY Court of Appeals ruled: The ICPC does not apply to non-foster, non-adoptive custody orders.
- If a judge grants Article 6 custody to an out-of-state parent or relative, no ICPC paperwork is required.
- This includes temporary custody in pending neglect proceedings.
What This Means for New York Families
- If you have a suitable aunt, uncle, or grandparent in New Jersey, Pennsylvania, or Florida:
- They can be granted legal custody without ICPC delay.
- The court can act more quickly to place children with family rather than leaving them in foster care.
- Applies to both initial placements and final orders.
What Judges and ACS May Still Require
- While ICPC no longer applies, judges still want to make sure the home is safe.
- The court may request:
- Courtesy checks from agencies in the receiving state.
- Remote court appearances by the out-of-state family member.
- Background affidavits, housing proof, or prior parenting experience.
Gilmer Law Firm Can Guide You Through Out-of-State Custody
- We help families move quickly to get children placed with relatives.
- We’ll fight ACS resistance to non-ICPC transfers.
- We know the law and how to demand the court follow Matter of D.L. v. S.B.
- Our office is in downtown Brooklyn, New York walking distance from Family Court.
- Call us at (718) 864-2011 to discuss your child custody transfer.
Conclusion
The days of waiting endlessly for ICPC paperwork may be over. If you have a relative ready to take custody outside New York, we can help you avoid unnecessary delays. Trust the experienced Brooklyn family law attorneys at Gilmer Law Firm, PLLC to move your case forward.
