ICPC Delaware Adoption: Interstate Compact and What It Means for You

If you live in Delaware and are adopting a child born in another state — or if you live in another state and are adopting a child from Delaware — the Interstate Compact on the Placement of Children (ICPC) applies. Most families hear about it late, after a placement is already imminent, and the sudden realization that they cannot simply bring the child home triggers real anxiety. Here is what the ICPC actually requires in Delaware and how to handle it without losing weeks to preventable delays.

What the ICPC Is and Why It Exists

The ICPC is an agreement among all 50 states, Washington D.C., and the U.S. Virgin Islands that governs when and how children can be placed across state lines for foster care or adoption. It exists to ensure that both the sending state (where the child currently lives) and the receiving state (where the adoptive family lives) have reviewed and approved the placement before the child crosses state lines.

Delaware, like every state, has an ICPC office within DSCYF that reviews incoming placement requests. The office verifies that the receiving family (in Delaware) has an approved home study, meets Delaware's licensing and approval standards, and that the placement is in the child's best interest.

When ICPC Applies to Delaware Adoptions

ICPC is triggered any time a child is placed across state lines for the purpose of adoption or foster care. Common scenarios for Delaware families:

Delaware resident adopting through a Pennsylvania agency. Many Delaware families — particularly in Wilmington and New Castle County — work with Philadelphia-area agencies due to Delaware's limited private agency pool. If the birth occurs in Pennsylvania, the child is technically a PA resident. To bring that child to Delaware, the ICPC process must be completed.

Delaware foster family matched with a child from out of state. DFS may identify a child in the federal adoption system who was not placed in their birth state. If a Delaware family is matched with that child, ICPC governs the placement.

Non-Delaware family adopting a Delaware-born child. If a birth mother in Delaware relinquishes to a family from New Jersey, Maryland, or any other state, the receiving state's ICPC office must approve the placement before the child leaves Delaware.

How the ICPC Process Works

ICPC is often described in two parts: the paperwork phase and the waiting phase. The paperwork phase requires compiling a packet that includes:

• The request form (ICPC-100A)
• The child's social history and case file (prepared by the sending state or agency)
• The prospective adoptive family's home study
• Criminal background check clearances
• Proof of financial stability

Once assembled, the sending state's ICPC office reviews the packet and sends it to the receiving state's ICPC office. Delaware's ICPC office reviews the receiving family's materials and issues either an approval or a request for additional information.

The critical rule: The child cannot leave the sending state until both the sending state and the receiving state have approved the placement. This means that if your adoption involves a birth in Pennsylvania, you may need to remain in Pennsylvania with the child while waiting for ICPC approval.

How Long Does ICPC Take in Delaware?

Standard ICPC processing typically takes two to six weeks. Delaware's ICPC office aims to process cases within 15 to 30 business days of receiving a complete packet. The most common causes of delay:

Incomplete packet. If the sending state submits a packet missing required documents, Delaware's office sends it back or issues a deficiency notice. Each round trip adds time.

Home study discrepancies. If the Delaware family's home study was prepared by an out-of-state agency and does not meet Delaware's specific standards (under DELACARE regulations), the ICPC office may require supplemental documentation or a new study.

Out-of-state registry checks. Delaware requires background checks against child abuse registries in every state where you have lived in the past five years. If any of those states are slow to respond, the home study and thus the ICPC process stalls.

Multi-state placements. If the child was born in one state, currently in foster care in a second state, and the adoptive family lives in Delaware (a third state), multiple ICPC approvals may be required.

Practical Tips to Avoid ICPC Delays

Complete your home study with a Delaware-licensed agency before you need it. If you are working with a PA or NJ agency, engage a Delaware-licensed agency or social worker early to conduct the home study. Having an approved, current Delaware home study ready before the placement occurs means one less bottleneck when the ICPC clock starts.

Submit a complete packet on the first attempt. Work with your agency and attorney to verify that the ICPC-100A and all supporting documents are complete before submission. Ask for a checklist from your agency of what Delaware's ICPC office requires.

Plan for the waiting period. If you are adopting a newborn from another state, budget for two to six weeks of hotel or rental accommodation in the sending state. Do not plan to drive home with the child before ICPC approval arrives — that violates the compact and can jeopardize the adoption.

Stay in contact with both ICPC offices. Have your agency or attorney track the packet through both offices. In practice, some ICPC packets sit waiting for a review slot, and a polite inquiry can accelerate processing.

ICPC and Delaware's DFS System

DFS handles ICPC both as a sending state and a receiving state. For Delaware foster-to-adopt families matched with out-of-state children, DFS typically manages the ICPC process directly. However, the family's home study must still meet Delaware's standards, and any deficiencies in the home study documentation will slow ICPC just as much in a DFS case as in a private one.

For families in the DFS system who are being matched with a child from another state's foster care system, ask your DFS caseworker specifically: Who manages the ICPC packet? What documentation do you need from us? What is the typical processing time for this sending state?

ICPC Is Not a Barrier — It Is a Process

The ICPC gets a fearsome reputation, but for families who are prepared, it is a predictable two-to-six-week administrative process. The families who run into real problems are those who: (a) did not know it would apply to their placement, (b) had an incomplete home study, or (c) tried to cross state lines before approval.

For a complete breakdown of Delaware's ICPC process — including the specific documentation Delaware's ICPC office requires from receiving families, how to coordinate between a Pennsylvania agency and Delaware's family court, and what the home study must include to pass both states' reviews — the Delaware Adoption Process Guide covers the interstate dimension in detail.

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