Interstate Placement of Children in Idaho

Part of my Idaho Adoption Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against the Idaho Code as posted by the Idaho Legislature (July 1, 2026)

In This TopicIdaho AdoptionTopic 6 of 6: Interstate Placement

When a child is moved from one state to another for foster care or as a step toward adoption, Idaho follows the Interstate Compact on the Placement of Children. Idaho adopted the compact in Chapter 21 of Title 16 of the Idaho Code (Idaho Code §§ 16-2101, 16-2102). A compact is an agreement among states, and it becomes effective for each state when that state enacts it into law (§ 16-2102, Art. IX).

The compact matters to adoptive families, agencies and courts whenever a child is sent or brought across state lines for placement in foster care or as a preliminary to a possible adoption (Idaho Code § 16-2102, Art. III(a)). It sets conditions that must be met before the child is moved.

Idaho’s Policy

The Idaho Legislature found that the needs of children requiring placement cannot be met by limiting placement services and supervision to a single state, and that cooperation with other states is necessary to improve services and protection for these children (Idaho Code § 16-2101). Idaho’s policy is to cooperate fully with other states by giving public authorities in the receiving state notice of an intended placement, placing a child only after that state reports on the suitability of the placement, and following the receiving state’s placement laws (§ 16-2101).

The compact’s stated purposes include giving each child the maximum opportunity for a suitable placement, letting the receiving state fully check the circumstances of the proposed placement, letting the sending state gather complete information before the placement is made, and promoting appropriate jurisdictional arrangements (Idaho Code § 16-2102, Art. I).

Key Terms

• Child means a person who, by reason of minority, is legally subject to parental, guardianship or similar control (Idaho Code § 16-2102, Art. II(a)).
• Sending agency means a party state or its officer or employee, a subdivision of a party state or its officer or employee, a court of a party state, or a person, corporation, association, charitable agency or other entity that sends, brings, or causes a child to be sent or brought to another party state (Art. II(b)).
• Receiving state means the state to which a child is sent or brought, whether by public authorities or private persons or agencies, and whether for placement with public authorities or with private agencies or persons (Art. II(c)).
• Placement means arranging for a child’s care in a family free or boarding home or in a child-caring agency or institution. It does not include institutions caring for the mentally ill, mentally defective or epileptic, institutions primarily educational in character, or hospitals or other medical facilities (Art. II(d)).

Because “sending agency” includes a private “person,” the compact’s conditions are not limited to government agencies (Idaho Code § 16-2102, Art. II(b)).

Conditions Before a Child Is Moved

No sending agency may send, bring, or cause a child to be sent or brought into another party state for foster care or as a preliminary to a possible adoption unless it complies with every requirement of Article III and with the receiving state’s laws governing placement of children (Idaho Code § 16-2102, Art. III(a)).

Before the child is moved, the sending agency must give the appropriate public authorities in the receiving state written notice of its intention (Idaho Code § 16-2102, Art. III(b)). The notice must contain:

1. The name, date and place of birth of the child;
2. The identity and address or addresses of the parents or legal guardian;
3. The name and address of the person, agency or institution with which the sending agency proposes to place the child; and
4. A full statement of the reasons for the proposed action and evidence of the authority under which the placement is proposed to be made.

A public officer or agency in the receiving state that gets the notice may ask for, and is entitled to receive, any supporting or additional information it considers necessary (Idaho Code § 16-2102, Art. III(c)).

The child may not be sent or brought into the receiving state until the appropriate public authorities there notify the sending agency in writing that the proposed placement does not appear to be contrary to the child’s interests (Idaho Code § 16-2102, Art. III(d)).

When the Compact Does Not Apply

The compact does not apply in two situations (Idaho Code § 16-2102, Art. VIII):

Exception	What it covers
Family and guardian moves (Art. VIII(a))	A child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or guardian sends or brings the child into a receiving state and leaves the child with any such relative or nonagency guardian there.
Other compacts or agreements (Art. VIII(b))	A placement made under another interstate compact to which both states belong, or under any other agreement between the states that has the force of law.

For more on adoptions within the family, see stepparent and relative adoptions.

Penalties for an Illegal Placement

Sending or bringing a child into a receiving state in violation of the compact violates the child placement laws of both the sending state and the receiving state, and may be punished in either state under its laws (Idaho Code § 16-2102, Art. IV). A violation is also full and sufficient grounds to suspend or revoke any license, permit or other legal authorization that allows the sending agency to place or care for children (Art. IV).

Who Keeps Jurisdiction and Pays

The sending agency keeps jurisdiction over the child to decide all matters of custody, supervision, care, treatment and disposition that it would have had if the child had stayed in its state (Idaho Code § 16-2102, Art. V(a)). That jurisdiction continues until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the agreement of the appropriate authority in the receiving state (Art. V(a)). It includes the power to have the child returned or transferred to another location and custody under law (Art. V(a)).

The sending agency also continues to be financially responsible for the child’s support and maintenance during the placement (Idaho Code § 16-2102, Art. V(a)). The receiving state may still claim jurisdiction to deal with an act of delinquency or crime committed there (Art. V(a)).

A public sending agency may enter into an agreement with an authorized public or private agency in the receiving state to perform services as its agent (Idaho Code § 16-2102, Art. V(b)). A private charitable agency may also act as agent in the receiving state for a private charitable agency of the sending state (Art. V(c)).

Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party state only after a court hearing, with notice to the parent or guardian and an opportunity to be heard (Idaho Code § 16-2102, Art. VI). The court must find that equivalent facilities are not available in the sending state and that institutional care in the other state is in the child’s best interest and will not produce undue hardship (Art. VI).

How Idaho Administers the Compact

The governor designates a compact administrator, who serves at the governor’s pleasure and, acting jointly with officers of other party states, adopts rules and regulations to carry out the compact (Idaho Code § 16-2103; § 16-2102, Art. VII). The administrator may enter into supplementary agreements with officials of other states (§ 16-2104). A supplementary agreement that requires using an Idaho institution or facility or providing an Idaho service has no effect until the head of the responsible department or agency approves it (§ 16-2104).

Subject to approval by the board of examiners, the administrator may make payments needed to meet Idaho’s financial obligations under the compact (Idaho Code § 16-2105). The administrator must take appropriate action to recover, from relevant parents or guardians of estate, costs spent by the state or its subdivisions on Idaho children handled under the compact (§ 16-2106).

Idaho’s courts, departments, agencies and officers must enforce the compact within their jurisdictions (Idaho Code § 16-2107). Nothing in the Idaho act limits the courts’ jurisdiction under Chapters 16 and 18 of Title 16 (§ 16-2101).

Joining and Withdrawing

Any U.S. state, territory or possession, the District of Columbia, Puerto Rico and, with the consent of Congress, Canada or any Canadian province may join the compact (Idaho Code § 16-2102, Art. IX). A state withdraws by passing a statute repealing the compact, but withdrawal takes effect only two (2) years after that statute takes effect and after written notice to the governor of each other party jurisdiction (Art. IX). Withdrawal does not affect placements made before it takes effect (Art. IX).

The compact is to be liberally construed to carry out its purposes, and its provisions are severable (Idaho Code § 16-2102, Art. X).

Other Interstate Rules in Idaho Adoption Law

The compact is separate from Idaho’s adoption and termination statutes, which have their own interstate provisions:

• Adoptive petitioners must have lived in and kept a home in Idaho for at least six (6) consecutive months before filing, unless the child is the subject of a child protection case (Idaho Code § 16-1506(1)). See who can adopt.
• An unmarried biological father living in another state may contest an Idaho adoption before the decree is final if all four conditions in the statute are met, including that he complied with the most stringent and complete requirements of the state where the mother previously lived (§ 16-1504(9)). See consent to adoption.
• An out-of-state person waiving notice of an adoption must have the waiver acknowledged before a notary of the state and include his or her current address (§ 16-1505(6)(a)).
• Idaho courts accept consents and surrenders signed in another state, and terminations ordered by a sister state’s court, under the conditions in section 16-2005(6)-(7). See termination of parental rights.

How I Can Help

I help families who are bringing a child into Idaho, or taking a child from Idaho to another state, understand whether the Interstate Compact on the Placement of Children applies and what Idaho’s adoption statutes require. I can also help coordinate the Idaho adoption case with the out-of-state pieces. Request a consultation to discuss your situation.

This page provides general information about Idaho adoption and termination of parental rights, based on the Idaho Code, and is not legal advice. Court rules (including the Idaho Child Support Guidelines), regulations, and case law also affect family law matters. Every situation is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.