KRS § 615.030 — KY Code / Title LI / Chapter 615 / Section 615.030
615.030 Interstate Compact for the Placement of Children. (Effective upon contingency)
Status: in_force

615.030 Interstate Compact for the Placement of Children. (Effective upon

contingency)

ARTICLE 1

PURPOSE

The purpose of the Interstate Compact for the Placement of Children shall be to:

(1) Provide a process through which children subject to this compact are placed in safe

and suitable homes in a timely manner;

(2) Facilitate ongoing supervision of a placement, the delivery of services, and

communication between the states;

(3) Provide operating procedures that will ensure that children are placed in safe and

suitable homes in a timely manner;

(4) Provide for the promulgation and enforcement of administrative rules implementing

the provisions of this compact and regulating the covered activities of the member

states;

(5) Provide for uniform data collection and information sharing between member states

under this compact;

(6) Promote coordination between this compact, the Interstate Compact for Juveniles,

the Interstate Compact on Adoption and Medical Assistance, and other compacts

affecting the placement of and which provide services to children otherwise subject

to this compact;

(7) Provide for a state's continuing legal jurisdiction and responsibility for placement

and care of a child that it would have had if the placement were intrastate; and

(8) Provide for the promulgation of guidelines, in collaboration with Indian tribes, for

interstate cases involving Indian children as is or may be permitted by federal law.

ARTICLE II

DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

(1) "Approved placement" means the public child placing agency in the receiving state

has determined that the placement is both safe and suitable for the child;

(2) "Assessment" means an evaluation of a prospective placement by a public child

placing agency to determine whether the placement meets the individualized needs

of the child, including but not limited to the child's safety and stability, health and

well-being, and mental, emotional, and physical development. An assessment shall

be only applicable to a placement by a public child placing agency;

(3) "Child" means an individual who has not attained the age of eighteen (18);

(4) "Certification" means to attest, declare, or sworn to before a judge or notary public;

(5) "Default" means the failure of a member state to perform the obligations or

responsibilities imposed upon it by this compact, the bylaws or rules of the

Interstate Commission;

(6) "Home study" means an evaluation of a home environment conducted in accordance

with the applicable requirements of the state in which the home is located, and

documents the preparation and the suitability of the placement resource for

placement of a child in accordance with the laws and requirements of the state in

which the home is located;

(7) "Indian tribe" means any Indian tribe, band, nation, or other organized group or

community of Indians recognized as eligible for services provided to Indians by the

Secretary of the Interior because of their status as Indians, including any Alaskan

native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act

at 43 U.S.C. sec. 1602(c);

(8) "Interstate Commission for the Placement of Children" means the commission that

is created under Article VIII of this compact and which is generally referred to as

the Interstate Commission;

(9) "Jurisdiction" means the power and authority of a court to hear and decide matters;

(10) "Legal risk placement" or "Legal risk adoption" means a placement made

preliminary to an adoption where the prospective adoptive parents acknowledge in

writing that a child can be ordered returned to the sending state or the birth mother's

state of residence, if different from the sending state. A final decree of adoption

shall not be entered in any jurisdiction until all required consents are obtained or are

dispensed with in accordance with applicable law;615.030 Interstate compact on the placement of children. (Effective until

contingency is met)

The interstate compact on the placement of children is hereby enacted into law and

entered into with all other jurisdictions legally joined therein in form substantially as

follows:

ARTICLE I

Purpose and Policy

It is the purpose and policy of the party states to cooperate with each other in the

interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be

placed in a suitable environment and with persons or institutions having appropriate

qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have

full opportunity to ascertain the circumstances of the proposed placement, thereby

promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may

obtain the most complete information on the basis of which to evaluate a projected

placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be

promoted.

ARTICLE II

Definitions

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject to

parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; a

subdivision of a party state, or officer or employee thereof; a court of a party state; a

person, corporation, association, charitable agency or other entity which sends, brings, or

causes to be sent or brought any child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought, or caused

to be sent or brought, whether by public authorities or private persons or agencies, and

whether for placement with state or local public authorities or for placement with private

agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a family free or

boarding home or in a child-caring agency or institution but does not include any

institution caring for the mentally ill, individuals with an intellectual disability, or

epileptic or any institution primarily educational in character, or any hospital or other

medical facility.

ARTICLE III

Conditions for Placement

(a) No sending agency shall send, bring, or cause to be sent or brought into any

other party state any child for placement in foster care or as a preliminary to a possible

adoption unless the sending agency shall comply with each and every requirement set

forth in this article and with the applicable laws of the receiving state governing the

placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought into a

receiving state for placement in foster care or as a preliminary to a possible adoption, the

sending agency shall furnish the appropriate public authorities in the receiving state

written notice of the intention to send, bring, or place the child in the receiving state. The

notice shall 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 to or with which the

sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the

authority pursuant to which the placement is proposed to be made.ade

preliminary to an adoption where the prospective adoptive parents acknowledge in

writing that a child can be ordered returned to the sending state or the birth mother's

state of residence, if different from the sending state. A final decree of adoption

shall not be entered in any jurisdiction until all required consents are obtained or are

dispensed with in accordance with applicable law;

(11) "Member state" means a state that has enacted this compact;

(12) "Noncustodial parent" means a person who, at the time of the commencement of

court proceedings in the sending state, does not have sole legal custody of the child

or has joint legal custody of a child, and who is not the subject of allegations or

findings of child abuse or neglect;

(13) "Nonmember state" means a state which has not enacted this compact;

(14) "Notice of residential placement" means information regarding a placement into a

residential facility provided to the receiving state, including but not limited to the

name, date, and place of birth of the child, the identity and address of the parent or

legal guardian, evidence of authority to make the placement, and the name and

address of the facility in which the child will be placed. Notice of residential

placement shall also include information regarding a discharge and any

unauthorized absence from the facility;

(15) "Placement" means the act by a public or private child placing agency intended to

arrange for the care or custody of a child in another state;

(16) "Private child placing agency" means any private corporation, agency, foundation,

institution, or charitable organization, or any private person or attorney that

facilitates, causes, or is involved in the placement of a child from one state to

another and that is not an instrumentality of the state or acting under color of state

law;

(17) "Provisional placement" means a determination made by the public child placing

agency in the receiving state that the proposed placement is safe and suitable, and,

to the extent allowable, the receiving state has temporarily waived its standards or

requirements otherwise applicable to prospective foster or adoptive parents so as to

not delay the placement. Completion of the receiving state requirements regarding

training for prospective foster or adoptive parents shall not delay an otherwise safe

and suitable placement;

(18) "Public child placing agency" means any government child welfare agency or child

protection agency or a private entity under contract with such an agency, regardless

of whether they act on behalf of a state, county, municipality, or other governmental

unit and which facilitates, causes, or is involved in the placement of a child from

one state to another;

(19) "Receiving state" means the state to which a child is sent, brought, or caused to be

sent or brought;

(20) "Relative" means someone who is related to the child as a parent, step-parent,

sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first

cousin, or a nonrelative with such significant ties to the child that they may be

regarded as relatives as determined by the court in the sending state;

(21) "Residential facility" means a facility providing a level of care that is sufficient to

substitute for parental responsibility or foster care, and is beyond what is needed for

assessment or treatment of an acute condition. For purposes of the compact,

residential facilities do not include institutions primarily educational in character,

hospitals, or other medical facilities;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 to or with which the

sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence of the

authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt of a notice

pursuant to paragraph (b) of this article may request of the sending agency, or any other

appropriate officer or agency of or in the sending agency's state, and shall be entitled to

receive therefrom, such supporting or additional information as it may deem necessary

under the circumstances to carry out the purpose and policy of this compact.

(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.

ARTICLE IV

Penalty for Illegal Placement

This sending, bringing, or causing to be sent or brought into any receiving state of a

child in violation of the terms of this compact shall constitute a violation of the laws

respecting the placement of children of both the state in which the sending agency is

located or from which it sends or brings the child and of the receiving state. Such

violation may be punished or subjected to penalty in either jurisdiction in accordance with

its laws. In addition to liability for any such punishment or penalty, any such violation

shall constitute full and sufficient grounds for the suspension or revocation of any license,

permit, or other legal authorization held by the sending agency which empowers or allows

it to place or care for children.

ARTICLE V

Retention of Jurisdiction

(a) The sending 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 which it would have had if the child had remained in the sending

agency's state, until the child is adopted, reaches majority, becomes self-supporting or is

discharged with the concurrence of the appropriate authority in the receiving state. Such

jurisdiction shall also include the power to effect or cause the return of the child or its

transfer to another location and custody pursuant to law. The sending agency shall

continue to have financial responsibility for support and maintenance of the child during

the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction

by a receiving state sufficient to deal with an act of delinquency or crime committed

therein.

(b) When the sending agency is a public agency, it may enter into an agreement

with an authorized public or private agency in the receiving state providing for the

performance of one (1) or more services in respect of such case by the latter as agent for

the sending agency.

(c) Nothing in this compact shall be construed to prevent a private charitable

agency authorized to place children in the receiving state from performing services or

acting as agent in that state for a private charitable agency of the sending state; nor to

prevent the agency in the receiving state from discharging financial responsibility for the

support and maintenance of a child who has been placed on behalf of the sending agency

without relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI

Institutional Care of Delinquent Children

A child adjudicated delinquent may be placed in an institution in another party

jurisdiction pursuant to this compact but no such placement shall be made unless the

child is given a court hearing on notice to the parent or guardian with opportunity to be

heard, prior to his being sent to such other party jurisdiction for institutional care and the

court finds that:

(1) Equivalent facilities for the child are not available in the sending agency's

jurisdiction; and

(2) Institutional care in the other jurisdiction is in the best interest of the child and

will not produce undue hardship.

ARTICLE VII

Compact Administrator

The executive head of each jurisdiction party to this compact shall designate an

officer who shall be general coordinator of activities under this compact in his

jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall

have power to promulgate rules and regulations to carry out more effectively the terms

and provisions of this compact.

ARTICLE VIII

Limitations

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent,

stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and

leaving the child with any such relative or non-agency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving state pursuant

to any other interstate compact to which both the state from which the child is sent or

brought and the receiving state are party, or to any other agreement between said states

which has the force of law.

ARTICLE IX

Enactment and Withdrawal

This compact shall be open to joinder by any state, territory or possession of the

United States, the District of Columbia, The Commonwealth of Puerto Rico, and, with

the consent of Congress, the Government of Canada or any province thereof. It shall

become effective with respect to any such jurisdiction when such jurisdiction has enacted

the same into law. Withdrawal from this compact shall be by the enactment of a statute

repealing the same, but shall not take effect until two (2) years after the effective date of

such statute and until written notice of the withdrawal has been given by the withdrawing

state to the governor of each other party jurisdiction. Withdrawal of a party state shall not

affect the rights, duties and obligations under this compact of any sending agency therein

with respect to a placement made prior to the effective date of withdrawal.

ARTICLE X

Construction and Severability

The provisions of this compact shall be liberally construed to effectuate the

purposes thereof. The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared to be contrary to the constitution

of any party state or of the United States or the applicability thereof to any government,

agency, person, or circumstance is held invalid, the validity of the remainder of thisding state;

(21) "Residential facility" means a facility providing a level of care that is sufficient to

substitute for parental responsibility or foster care, and is beyond what is needed for

assessment or treatment of an acute condition. For purposes of the compact,

residential facilities do not include institutions primarily educational in character,

hospitals, or other medical facilities;

(22) "Rule" means a written directive, mandate, standard, or principle issued by the

Interstate Commission promulgated pursuant to Article XI of this compact that is of

general applicability and that implements, interprets, or prescribes a policy or

provision of the compact. "Rule" has the force and effect of statutory law in a

member state, and includes the amendment, repeal, or suspension of an existing

rule;

(23) "Sending state" means the state from which the placement of a child is initiated;

(24) "Service member’s permanent duty station" means the military installation where an

active duty Armed Services member is currently assigned and is physically located

under competent orders that do not specify the duty as temporary;

(25) "Service member’s state of legal residence" means the state in which the active duty

Armed Services member is considered a resident for tax and voting purposes;

(26) "State" means a state of the United States, the District of Columbia, the

Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa,

the Northern Marianas Islands, and any other territory of the United States;

(27) "State court" means a judicial body of a state that is vested by law with

responsibility for adjudicating cases involving abuse, neglect, deprivation,

delinquency, or status offenses of individuals who have not attained the age of

eighteen (18); and

(28) "Supervision" means monitoring provided by the receiving state once a child has

been placed in a receiving state pursuant to this compact.

ARTICLE III

APPLICABILITY

(1) Except as otherwise provided in subsection (2) of this Article, this compact shall

apply to:

(a) The interstate placement of a child subject to ongoing court jurisdiction in the

sending state, due to allegations or findings that the child has been abused,

neglected, or deprived as defined by the laws of the sending state, provided,

however, that the placement of such a child into a residential facility shall

only require notice of residential placement to the receiving state prior to

placement;

(b) The interstate placement of a child adjudicated delinquent or unmanageable

based on the laws of the sending state and subject to ongoing court

jurisdiction of the sending state if:

1. The child is being placed in a residential facility in another member state

and is not covered under another compact; or

2. The child is being placed in another member state and the determination

of safety and suitability of the placement and services required is not

provided through another compact; and

(c) The interstate placement of any child by a public child placing agency or

private child placing agency as defined in this compact as a preliminary step

to a possible adoption.

(2) The provisions of this compact shall not apply to:

(a) The interstate placement of a child in a custody proceeding in which a public

child placing agency is not a party if the placement is not intended to

effectuate an adoption;

(b) The interstate placement of a child with a nonrelative in a receiving state by a

parent with the legal authority to make such a placement provided, however,

that the placement is not intended to effectuate an adoption;

(c) The interstate placement of a child by one relative with the lawful authority to

make such a placement directly with a relative in a receiving state;

(d) The placement of a child, not subject to subsection (1) of this Article, into a

residential facility by his parent;

(e) The placement of a child with a noncustodial parent provided that:

1. The noncustodial parent proves to the satisfaction of a court in the

sending state a substantial relationship with the child;

2. The court in the sending state makes a written finding that placement

with the noncustodial parent is in the best interests of the child; and

3. The court in the sending state dismisses its jurisdiction over the child’s

case;

(f) A child entering the United States from a foreign country for the purpose of

adoption or leaving the United States to go to a foreign country for the

purpose of adoption in that country;

(g) Cases in which a United States citizen child living overseas with his family, at

least one of whom is in the United States Armed Services, and who is

stationed overseas, is removed and placed in a state; or

(h) The sending of a child by a public child placing agency or a private child

placing agency for a visit as defined by the rules of the Interstate Commission.

(3) For purposes of determining the applicability of this compact to the placement of a

child with a family in the Armed Services, the public child placing agency or

private child placing agency may choose the state of the service member’s

permanent duty station or the service member’s declared legal residence.

(4) Nothing in this compact shall be construed to prohibit the concurrent application of

the provisions of this compact with other applicable interstate compacts including

the Interstate Compact for Juveniles and the Interstate Compact on Adoption and

Medical Assistance. The Interstate Commission may in cooperation with other

interstate compact commissions having responsibility for the interstate movement,

placement, or transfer of children, promulgate like rules to ensure the coordination

of services, timely placement of children, and the reduction of unnecessary or

duplicative administrative or procedural requirements.

ARTICLE IV

JURISDICTION

(1) Except as provided in subsection (7) of this Article, concerning private and

independent adoptions, the sending state shall retain jurisdiction over a child with

respect to all matters of custody and disposition of the child which it would have

had if the child had remained in the sending state. Such jurisdiction shall also

include the power to order the return of the child to the sending state.

(2) When an issue of child protection or custody is brought before a court in the

receiving state, such court shall confer with the court of the sending state to

determine the most appropriate forum for adjudication.

(3) In cases that are before courts and subject to this compact, the taking of testimony

for hearings before any judicial officer may occur in person or by telephone, audio-

video conference, or such other means as approved by the rules of the Interstate

Commission; and Judicial officers may communicate with other judicial officers

and persons involved in the interstate process as may be permitted by their Canons

of Judicial Conduct and any rules promulgated by the Interstate Commission.

(4) In accordance with its own laws, the court in the sending state shall have authority

to terminate its jurisdiction if:

(a) The child is reunited with the parent in the receiving state who is the subject

of allegations or findings of abuse or neglect, only with the concurrence of the

public child placing agency in the receiving state;

(b) The child is adopted;

(c) The child reaches the age of majority under the laws of the sending state;liberally construed to effectuate the

purposes thereof. The provisions of this compact shall be severable and if any phrase,

clause, sentence or provision of this compact is declared to be contrary to the constitution

of any party state or of the United States or the applicability thereof to any government,

agency, person, or circumstance is held invalid, the validity of the remainder of this

compact and the applicability thereof to any government, agency, person or circumstance

shall not be affected thereby. If this compact shall be held contrary to the constitution of

any state party thereto, the compact shall remain in full force and effect as to the

remaining states and in full force and effect as to the states affected as to all severable

matters.the sending state shall have authority

to terminate its jurisdiction if:

(a) The child is reunited with the parent in the receiving state who is the subject

of allegations or findings of abuse or neglect, only with the concurrence of the

public child placing agency in the receiving state;

(b) The child is adopted;

(c) The child reaches the age of majority under the laws of the sending state;

(d) The child achieves legal independence pursuant to the laws of the sending

state;

(e) A guardianship is created by a court in the receiving state with the

concurrence of the court in the sending state;

(f) An Indian tribe has petitioned for and received jurisdiction from the court in

the sending state; or

(g) The public child placing agency of the sending state requests termination and

has obtained the concurrence of the public child placing agency in the

receiving state.

(5) When a sending state court terminates its jurisdiction, the receiving state child

placing agency shall be notified.

(6) Nothing in this article shall defeat a claim of jurisdiction by a receiving state court

sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a

child as defined by the laws of the receiving state committed by the child in the

receiving state which would be a violation of its laws.

(7) Nothing in this article shall limit the receiving state’s ability to take emergency

jurisdiction for the protection of the child.

(8) The substantive laws of the state in which an adoption will be finalized shall solely

govern all issues relating to the adoption of the child and the court in which the

adoption proceeding is filed shall have subject matter jurisdiction regarding all

substantive issues relating to the adoption, except:

(a) When the child is a ward of another court that established jurisdiction over the

child prior to the placement;

(b) When the child is in the legal custody of a public agency in the sending state;

or

(c) When a court in the sending state has otherwise appropriately assumed

jurisdiction over the child, prior to the submission of the request for approval

of placement.

(9) A final decree of adoption shall not be entered in any jurisdiction until the

placement is authorized as an approved placement by the public child placing

agency in the receiving state.

ARTICLE V

PLACEMENT EVALUATIONS

(1) Prior to sending, bringing, or causing a child to be sent or brought into a receiving

state, the public child placing agency shall provide a written request for assessment

to the receiving state.

(2) For placements by a private child placing agency, a child may be sent or brought, or

caused to be sent or brought, into a receiving state, upon receipt and immediate

review of the required content in a request for approval of a placement in both the

sending and receiving state public child placing agency. The required content for a

request for provisional approval shall include all of the following:

(a) A request for approval identifying the child, birth parents, the prospective

adoptive parents, and the supervising agency, signed by the person requesting

approval;

(b) The appropriate consents or relinquishments signed by the birth parents in

accordance with the laws of the sending state or, where permitted, the laws of

the state where the adoption will be finalized;

(c) Certification by a licensed attorney or other authorized agent that the consent

or relinquishment is in compliance with the applicable laws of the sending

state, or where permitted the laws of the state where finalization of the

adoption will occur;

(d) A home study; and

(e) An acknowledgment of legal risk signed by the prospective adoptive parents.

(3) The sending state and the receiving state may request additional information or

documents prior to finalization of an approved placement, but they may not delay

travel by the prospective adoptive parents with the child if the required content for

approval has been submitted, received, and reviewed by the public child placing

agency in both the sending state and the receiving state.

(4) Approval from the public child placing agency in the receiving state for a

provisional or approved placement shall be required as provided for in the rules of

the Interstate Commission.

(5) The procedures for making and the request for an assessment shall contain all

information and be in such form as provided for in the rules of the Interstate

Commission.

(6) Upon receipt of a request from the public child welfare agency of the sending state,

the receiving state shall initiate an assessment of the proposed placement to

determine its safety and suitability. If the proposed placement is a placement with a

relative, the public child placing agency of the sending state may request a

determination of whether the placement qualifies as a provisional placement.

(7) The public child placing agency in the receiving state may request, and shall be

entitled to receive, supporting or additional information necessary to complete the

assessment or approve the placement from the public child placing agency or the

private child placing agency in the sending state.

(8) The public child placing agency in the receiving state shall approve a provisional

placement and complete or arrange for the completion of the assessment within the

time frames established by the rules of the Interstate Commission.

(9) For a placement by a private child placing agency, the sending state shall not

impose any additional requirements to complete the home study that are not

required by the receiving state, unless the adoption is finalized in the sending state.

(10) The Interstate Commission may develop uniform standards for the assessment of

the safety and suitability of interstate placements.

ARTICLE VI

PLACEMENT AUTHORITY

(1) Except as provided in this compact no child subject to this compact shall be placed

into a receiving state until approval for such placement is obtained.

(2) If the public child placing agency in the receiving state does not approve the

proposed placement then the child shall not be placed. The receiving state shall

provide written documentation of any such determination in accordance with the

rules promulgated by the Interstate Commission. Such determination shall not be

subject to judicial review in the sending state.

(3) If the proposed placement is not approved, any interested party shall have standing

to seek an administrative review of the receiving state’s determination.

(4) The administrative review and any further judicial review associated with the

determination shall be conducted in the receiving state pursuant to its applicable

administrative procedures.

(5) If a determination not to approve the placement of the child in the receiving state is

overturned upon review, the placement shall be deemed approved, provided

however that all administrative or judicial remedies have been exhausted or the time

for such remedies has passed.

ARTICLE VII

PLACING AGENCY RESPONSIBILITY

(1) For the interstate placement of a child made by a public child placing agency or

state court:

(a) The public child placing agency in the sending state shall have financial

responsibility for:

1. The ongoing support and maintenance for the child during the period of

the placement, unless otherwise provided for in the receiving state; and

2. As determined by the public child placing agency in the sending state,

services for the child beyond the public services for which the child is

eligible in the receiving state; and

(b) The receiving state shall only have financial responsibility for:

1. Any assessment conducted by the receiving state; and

2. Supervision conducted by the receiving state at the level necessary to

support the placement as agreed upon by the public child placing

agencies of the receiving and sending state; and

(c) Nothing in this provision shall prohibit public child placing agencies in the

sending state from entering into agreements with licensed agencies or persons

in the receiving state to conduct assessments and provide supervision.

(2) For the placement of a child by a private child placing agency preliminary to a

possible adoption, the private child placing agency shall be:

(a) Legally responsible for the child during the period of placement as provided

for in the law of the sending state until the finalization of the adoption; and

(b) Financially responsible for the child absent a contractual agreement to the

contrary.

(3) The public child placing agency in the receiving state shall provide timely

assessments, as provided for in the rules of the Interstate Commission.

(4) The public child placing agency in the receiving state shall provide, or arrange for

the provision of, supervision and services for the child, including timely reports,

during the period of the placement.

(5) Nothing in this compact shall be construed as to limit the authority of the public

child placing agency in the receiving state from contracting with a licensed agency

or person in the receiving state for an assessment or the provision of supervision or

services for the child or otherwise authorizing the provision of supervision or

services by a licensed agency during the period of placement.

(6) Each member state shall provide for coordination among its branches of

government concerning the state’s participation in, and compliance with, the

compact and Interstate Commission activities, through the creation of an advisory

council or use of an existing body or board.

(7) Each member state shall establish a central state compact office, which shall be

responsible for state compliance with the compact and the rules of the Interstate

Commission.

(8) The public child placing agency in the sending state shall oversee compliance with

the provisions of the Indian Child Welfare Act, 25 U.S.C. sec. 1901 et seq., for

placements subject to the provisions of this compact, prior to placement.

(9) With the consent of the Interstate Commission, states may enter into limited

agreements that facilitate the timely assessment and provision of services and

supervision of placements under this compact.

ARTICLE VIII

INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN

The member states hereby establish, by way of this compact, a commission known as the

"Interstate Commission for the Placement of Children." The activities of the Interstate

Commission may be the formation of public policy and shall be a discretionary state

function. The Interstate Commission shall:

(1) Be a joint commission of the member states and shall have the responsibilities,

powers, and duties set forth in this compact, and such additional powers as may be

conferred upon it by subsequent concurrent action of the respective legislatures of

the member states;

(2) Consist of one (1) commissioner from each member state who shall be appointed by

the executive head of the state human services administration with ultimate

responsibility for the child welfare program. The appointed commissioner shall

have the legal authority to vote on policy related matters governed by this compact

binding the state.

(a) Each member state represented at a meeting of the Interstate Commission

shall be entitled to one (1) vote;

(b) A majority of the member states shall constitute a quorum for the transaction

of business, unless a larger quorum is required by the bylaws of the Interstate

Commission;

(c) A representative shall not delegate a vote to another member state; and

(d) A representative may delegate voting authority to another person from their

state for a specified meeting.

(3) In addition to the commissioners of each member state, the Interstate Commission

shall include persons who are members of interested organizations as defined in the

bylaws or rules of the Interstate Commission. Such members shall be ex officio and

shall not be entitled to vote on any matter before the Interstate Commission.

(4) Establish an executive committee which shall have the authority to administer the

day-to-day operations and administration of the Interstate Commission. It shall not

have the power to engage in rule making.

ARTICLE IX

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and

obligations as enumerated in this compact;

(2) To provide for dispute resolution among member states;

(3) To issue, upon request of a member state, advisory opinions concerning the

meaning or interpretation of the interstate compact, its bylaws, rules, or actions;

(4) To enforce compliance with this compact or the bylaws or rules of the Interstate

Commission pursuant to Article XII;

(5) To collect standardized data concerning the interstate placement of children subject

to this compact as directed through its rules which shall specify the data to be

collected, the means of collection, and data exchange and reporting requirements;

(6) To establish and maintain offices as may be necessary for the transacting of its

business;

(7) To purchase and maintain insurance and bonds;

(8) To hire or contract for services of personnel or consultants as necessary to carry out

its functions under the compact and establish personnel qualification policies, and

rates of compensation;

(9) To establish and appoint committees and officers including, but not limited to, an

executive committee as required by Article X;

(10) To accept any and all donations and grants of money, equipment, supplies,

materials, and services, and to receive, utilize, and dispose thereof;

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,

improve, or use any property, real, personal, or mixed;

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose

of any property, real, personal, or mixed;

(13) To establish a budget and make expenditures;

(14) To adopt a seal and bylaws governing the management and operation of the

Interstate Commission;

(15) To report annually to the legislatures, governors, the judiciary, and state advisory

councils of the member states concerning the activities of the Interstate Commission

during the preceding year. Such reports shall also include any recommendations that

may have been adopted by the Interstate Commission;

(16) To coordinate and provide education, training, and public awareness regarding the

interstate movement of children for officials involved in such activity;

(17) To maintain books and records in accordance with the bylaws of the Interstate

Commission; and

(18) To perform such functions as may be necessary or appropriate to achieve the

purposes of this compact.

ARTICLE X

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

Section A. Bylaws

(1) Within twelve (12) months after the first Interstate Commission meeting, the

Interstate Commission shall adopt bylaws to govern its conduct as may be necessary

or appropriate to carry out the purposes of the compact.

(2) The Interstate Commission’s bylaws and rules shall establish conditions and

procedures under which the Interstate Commission shall make its information and

official records available to the public for inspection or copying. The Interstate

Commission may exempt from disclosure information or official records to the

extent they would adversely affect personal privacy rights or proprietary interests.

Section B. Meetings

(1) The Interstate Commission shall meet at least once each calendar year. The

chairperson may call additional meetings and, upon the request of a simple majority

of the member states shall call additional meetings.

(2) Public notice shall be given by the Interstate Commission of all meetings and all

meetings shall be open to the public, except as set forth in the rules or as otherwise

provided in the compact. The Interstate Commission and its committees may close a

meeting, or portion thereof, where it determines by two-thirds (2/3) vote that an

open meeting would be likely to:

(a) Relate solely to the Interstate Commission’s internal personnel practices and

procedures;

(b) Disclose matters specifically exempted from disclosure by federal law;

(c) Disclose financial or commercial information which is privileged, proprietary,

or confidential in nature;

(d) Involve accusing a person of a crime, or formally censuring a person;

(e) Disclose information of a personal nature where disclosure would constitute a

clearly unwarranted invasion of personal privacy or physically endanger one

or more persons;

(f) Disclose investigative records compiled for law enforcement purposes; or

(g) Specifically relate to the Interstate Commission’s participation in a civil action

or other legal proceeding.

(3) For a meeting, or portion of a meeting, closed pursuant to this provision, the

Interstate Commission’s legal counsel or designee shall certify that the meeting may

be closed and shall reference each relevant exemption provision. The Interstate

Commission shall keep minutes which shall fully and clearly describe all matters

discussed in a meeting and shall provide a full and accurate summary of actions

taken, and the reasons therefore, including a description of the views expressed and

the record of a roll call vote. All documents considered in connection with an action

shall be identified in such minutes. All minutes and documents of a closed meeting

shall remain under seal, subject to release by a majority vote of the Interstate

Commission or by court order.

(4) The bylaws may provide for meetings of the Interstate Commission to be conducted

by telecommunication or other electronic communication.

Section C. Officers and Staff

(1) The Interstate Commission may, through its executive committee, appoint or retain

a staff director for such period, upon such terms and conditions and for such

compensation as the Interstate Commission may deem appropriate. The staff

director shall serve as secretary to the Interstate Commission, but shall not have a

vote. The staff director may hire and supervise such other staff as may be authorized

by the Interstate Commission.

(2) The Interstate Commission shall elect, from among its members, a chairperson and

a vice chairperson of the executive committee and other necessary officers, each of

whom shall have such authority and duties as may be specified in the bylaws.

Section D. Qualified Immunity, Defense, and Indemnification

(1) The Interstate Commission’s staff director and its employees shall be immune from

suit and liability, either personally or in their official capacity, for a claim for

damage to or loss of property or personal injury or other civil liability caused or

arising out of or relating to an actual or alleged act, error, or omission that occurred,

or that such person had a reasonable basis for believing occurred within the scope of

commission employment, duties, or responsibilities, provided, that such person

shall not be protected from suit or liability for damage, loss, injury, or liability

caused by a criminal act or the intentional or willful and wanton misconduct of such

person.

(a) The liability of the Interstate Commission’s staff director and employees or

Interstate Commission representatives, acting within the scope of such

person's employment or duties for acts, errors, or omissions occurring within

such person’s state may not exceed the limits of liability set forth under the

Constitution and laws of that state for state officials, employees, and agents.

The Interstate Commission shall be considered an instrumentality of the states

for the purposes of any such action. Nothing in this subsection shall be

construed to protect such person from suit or liability for damage, loss, injury,

or liability caused by a criminal act or the intentional or willful and wanton

misconduct of such person.

(b) The Interstate Commission shall defend the staff director and its employees

and, subject to the approval of the Attorney General or other appropriate legal

counsel of the member state, shall defend the commissioner of a member state

in a civil action seeking to impose liability arising out of an actual or alleged

act, error, or omission that occurred within the scope of Interstate Commission

employment, duties or responsibilities, or that the defendant had a reasonable

basis for believing occurred within the scope of Interstate Commission

employment, duties, or responsibilities, provided that the actual or alleged act,

error, or omission did not result from intentional or willful and wanton

misconduct on the part of such person.

(c) To the extent not covered by the state involved, member state, or the Interstate

Commission, the representatives or employees of the Interstate Commission

shall be held harmless in the amount of a settlement or judgment, including

attorney’s fees and costs, obtained against such persons arising out of an

actual or alleged act, error, or omission that occurred within the scope of

Interstate Commission employment, duties, or responsibilities, or that such

persons had a reasonable basis for believing occurred within the scope of

Interstate Commission employment, duties, or responsibilities, provided that

the actual or alleged act, error, or omission did not result from intentional or

willful and wanton misconduct on the part of such persons.

ARTICLE XI

RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(1) The Interstate Commission shall promulgate and publish rules in order to effectively

and efficiently achieve the purposes of the compact.

(2) Rule making shall occur pursuant to the criteria set forth in this article and the

bylaws and rules adopted pursuant thereto. Such rule making shall substantially

conform to the principles of the "Model State Administrative Procedures Act," 1981

Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative

procedure acts as the Interstate Commission deems appropriate consistent with due

process requirements under the United States Constitution as now or hereafter

interpreted by the United States Supreme Court. All rules and amendments shall

become binding as of the date specified, as published with the final version of the

rule as approved by the Interstate Commission.

(3) When promulgating a rule, the Interstate Commission shall, at a minimum:

(a) Publish the proposed rule's entire text stating any reason for that proposed

rule;

(b) Allow and invite any and all persons to submit written data, facts, opinions,

and arguments, which information shall be added to the record, and be made

publicly available; and

(c) Promulgate a final rule and its effective date, if appropriate, based on input

from state or local officials, or interested parties.

(4) Rules promulgated by the Interstate Commission shall have the force and effect of

administrative rules and shall be binding in the compacting states to the extent and

in the manner provided for in this compact.

(5) Not later than sixty (60) days after a rule is promulgated, an interested person may

file a petition in the United States District Court for the District of Columbia or in

the Federal District Court where the Interstate Commission’s principal office is

located for judicial review of such rule. If the court finds that the Interstate

Commission’s action is not supported by substantial evidence in the rule making

record, the court shall hold the rule unlawful and set it aside.

(6) If a majority of the legislatures of the member states rejects a rule, those states may

by enactment of a statute or resolution in the same manner used to adopt the

compact cause that such rule shall have no further force and effect in any member

state.

(7) The existing rules governing the operation of the Interstate Compact on the

Placement of Children superseded by this compact shall be null and void no less

than twelve (12), but no more than twenty-four (24) months after the first meeting

of the Interstate Commission created hereunder, as determined by the members

during the first meeting.

(8) Within the first twelve (12) months of operation, the Interstate Commission shall

promulgate rules addressing the following:

(a) Transition rules;

(b) Forms and procedures;

(c) Time lines;

(d) Data collection and reporting;

(e) Rule making;

(f) Visitation;

(g) Progress reports and supervision;

(h) Sharing of information and confidentiality;

(i) Financing of the Interstate Commission;

(j) Mediation, arbitration, and dispute resolution;

(k) Education, training, and technical assistance;

(l) Enforcement; and

(m) Coordination with other interstate compacts.

(9) Upon determination by a majority of the members of the Interstate Commission that

an emergency exists:

(a) The Interstate Commission may promulgate an emergency rule only if it is

required to:

1. Protect the children covered by this compact from an imminent threat to

their health, safety, and well-being;

2. Prevent loss of federal or state funds; or

3. Meet a deadline for the promulgation of an administrative rule required

by federal law; and

(b) An emergency rule shall become effective immediately upon adoption,

provided that the usual rule making procedures provided under this article

shall be retroactively applied to this rule as soon as reasonably possible, but

no later than ninety (90) days after the effective date of the emergency rule;

and

(c) An emergency rule shall be promulgated as provided for in the rules of the

Interstate Commission.

ARTICLE XII

OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

Section A. Oversight

(1) The Interstate Commission shall oversee the administration and operation of the

compact.

(2) The executive, legislative, and judicial branches of state government in each

member state shall enforce this compact and the rules of the Interstate Commission

and shall take all actions necessary and appropriate to effectuate the compact’s

purposes and intent. The compact and its rules shall be binding in the compacting

states to the extent and in the manner provided for in this compact.

(3) All courts shall take judicial notice of the compact and the rules in any judicial or

administrative proceeding in a member state pertaining to the subject matter of this

compact.

(4) The Interstate Commission shall be entitled to receive service of process in any

action in which the validity of a compact provision or rule is the issue for which a

judicial determination has been sought and shall have standing to intervene in any

proceedings. Failure to provide service of process to the Interstate Commission

shall render any judgment, order, or other determination, however so captioned or

classified, void as to the Interstate Commission, this compact, its bylaws or rules of

the Interstate Commission.

Section B. Dispute Resolution

(1) The Interstate Commission shall attempt, upon the request of a member state, to

resolve disputes which are subject to the compact and which may arise among

member states and between member and nonmember states.

(2) The Interstate Commission shall promulgate a rule providing for both mediation

and binding dispute resolution for disputes among compacting states. The costs of

such mediation or dispute resolution shall be the responsibility of the parties to the

dispute.

Section C. Enforcement

(1) If the Interstate Commission determines that a member state has defaulted in the

performance of its obligations or responsibilities under this compact, its bylaws or

rules, the Interstate Commission may:

(a) Provide remedial training and specific technical assistance;

(b) Provide written notice to the defaulting state and other member states, of the

nature of the default and the means of curing the default. The Interstate

Commission shall specify the conditions by which the defaulting state shall

cure its default;

(c) By majority vote of the members, initiate legal action against a defaulting

member state in the United State District Court for the District of Columbia

or, at the discretion of the Interstate Commission, in the federal district where

the Interstate Commission has its principal office, to enforce compliance with

the provisions of the compact, its bylaws or rules. The relief sought may

include both injunctive relief and damages. If judicial enforcement is

necessary, the prevailing party shall be awarded all costs of such litigation

including reasonable attorney’s fees; or

(d) Avail itself of any other remedies available under state law or the regulation of

official or professional conduct.

ARTICLE XIII

FINANCING OF THE COMMISSION

(1) The Interstate Commission shall pay, or provide for the payment of the reasonable

expenses of its establishment, organization, and ongoing activities.

(2) The Interstate Commission may levy on and collect an annual assessment from each

member state to cover the cost of the operations and activities of the Interstate

Commission and its staff which shall be in a total amount sufficient to cover the

Interstate Commission’s annual budget as approved by its members each year. The

aggregate annual assessment amount shall be allocated based upon a formula to be

determined by the Interstate Commission which shall promulgate a rule binding

upon all member states.

(3) The Interstate Commission shall not incur obligations of any kind prior to securing

the funds adequate to meet these obligations, nor shall the Interstate Commission

pledge the credit of any of the member states, except by and with the authority of

the member state.

(4) The Interstate Commission shall keep accurate accounts of all receipts and

disbursements. The receipts and disbursements of the Interstate Commission shall

be subject to the audit and accounting procedures established under its bylaws.

However, all receipts and disbursements of funds handled by the Interstate

Commission shall be audited yearly by a certified or licensed public accountant and

the report of the audit shall be included in and become part of the annual report of

the Interstate Commission.

ARTICLE XIV

MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(1) Any state shall be eligible to become a member state.

(2) The compact shall become effective and binding upon legislative enactment of the

compact into law by no fewer than thirty-five (35) states. The effective date shall be

the later of July 1, 2008, or upon enactment of the compact into law by the thirty-

fifth state. Thereafter it shall become effective and binding as to any other member

state upon enactment of the compact into law by that state. The executive heads of

the state human services administration with ultimate responsibility for the child

welfare program of nonmember states or their designees shall be invited to

participate in the activities of the Interstate Commission on a nonvoting basis prior

to adoption of the compact by all states.

(3) The Interstate Commission may propose amendments to the compact for enactment

by the member states. No amendment shall become effective and binding on the

member states unless and until it is enacted into law by unanimous consent of the

member states.

ARTICLE XV

WITHDRAWAL AND DISSOLUTION

Section A. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon each

and every member state, provided that a member state may withdraw from the

compact by specifically repealing the statute which enacted the compact into law.

(2) Withdrawal from this compact shall be by the enactment of a statute repealing the

same. The effective date of withdrawal shall be the effective date of the repeal of

the statute.

(3) The withdrawing state shall immediately notify the president of the Interstate

Commission in writing upon the introduction of legislation repealing this compact

in the withdrawing state. The Interstate Commission shall then notify the other

member states of the withdrawing state’s intent to withdraw.

(4) The withdrawing state shall be responsible for all assessments, obligations, and

liabilities incurred through the effective date of withdrawal.

(5) Reinstatement following withdrawal of a member state shall occur upon the

withdrawing state reenacting the compact or upon such later date as determined by

the members of the Interstate Commission.

Section B. Dissolution of Compact

(1) This compact shall dissolve effective upon the date of the withdrawal or default of

the member state which reduces the membership in the compact to one (1) member

state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall

be of no further force or effect, and the business and affairs of the Interstate

Commission shall be concluded and surplus funds shall be distributed in accordance

with the bylaws.

ARTICLE XVI

SEVERABILITY AND CONSTRUCTION

(1) The provisions of this compact shall be severable, and if any phrase, clause,

sentence or provision is deemed unenforceable, the remaining provisions of the

compact shall be enforceable.

(2) The provisions of this compact shall be liberally construed to effectuate its

purposes.

(3) Nothing in this compact shall be construed to prohibit the concurrent applicability

of other interstate compacts to which the states are members.

ARTICLE XVII

BINDING EFFECT OF COMPACT AND OTHER LAWS

Section A. Other Laws

(1) Nothing in this compact prevents the enforcement of any other law of a member

state that is not inconsistent with this compact.

Section B. Binding Effect of the Compact

(1) All lawful actions of the Interstate Commission, including all rules and bylaws

promulgated by the Interstate Commission, shall be binding upon the member

states.

(2) All agreements between the Interstate Commission and the member states shall be

binding in accordance with their terms.

(3) If any provision of this compact exceeds the constitutional limits imposed on the

legislature of any member state, such provision shall be ineffective to the extent of

the conflict with the constitutional provision in question in that member state.

ARTICLE XVIII

INDIAN TRIBES

Notwithstanding any other provision in this compact, the Interstate Commission may

promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all

of the purposes of the compact as specified in Article I. The Interstate Commission shall

make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect

the diverse circumstances of the various Indian tribes.