NY Soc Serv L § 374-A (2021)
2021 New York Laws SOS - Social Services Article 6 - Children Title 1 - Care and Protection of Children 374-A - Interstate Compact on the Placement of Children.

§  374-a.  Interstate  compact  on  the  placement of children. 1. The interstate compact on the placement of children is hereby  enacted  into law  and  entered  into  with  all  other  jurisdictions legally joining therein in form substantially as follows:               INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN                       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, mentally defective or epileptic or any institution primarily educational in character, and 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.  (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   The  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 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,  step-parent,  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  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 this compact and the applicability thereof to any other 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 state affected as to all severable matters.   2. Any requirement of this state for a license, permit, or the posting of  a  bond  to entitle an agency to place children shall not apply to a  public sending agency (within the meaning of the interstate  compact  on the placement of children) of or in another state party to said compact.   3.  Financial  responsibility  for  any  child  placed pursuant to the provisions of the interstate compact for the placement of children shall be determined in accordance with the provisions of article five  thereof in  the  first  instance.  However,  in the event of partial or complete default of performance  thereunder,  the  provisions  of  section  three hundred  eighty-two  of this chapter with respect to such responsibility also may be invoked.   4. The "appropriate public authorities" as used in  article  three  of the  interstate  compact  on  the  placement  of  children  shall,  with reference to New York, mean the department of  social  services,  except that,   with   respect   to   the  placement  of  children  "adjudicated delinquent", as that phrase is used in article six thereof, who  are  to be  placed  in  a  facility  operated  or supervised by the division for youth, shall mean the  division  for  youth,  and  said  department  and division  shall  receive  and  act with reference to notices required by said article three.   5. As used in paragraph (a) of article five of the interstate  compact on  the  placement  of children the phrase "appropriate authority in the receiving state" with  reference  to  New  York  state  shall  mean  the commissioner of social services of the social services district in which the child may be at the time of discharge, and, with respect to children "adjudicated delinquent", as that phrase is used in article six thereof, who  are  to be discharged from a facility operated or supervised by the division for youth, shall mean the division for youth.   6. The officers and agencies of this state and its subdivisions having authority  to  place  children  are  hereby  empowered  to  enter   into agreements  with  appropriate  officers or agencies of or in other party states pursuant to paragraph (b)  of  article  five  of  the  interstate compact  on the placement of children. Any such agreement which contains a financial commitment or imposes a financial obligation on  this  state or  subdivision or agency thereof shall not be binding unless it has the approval in writing of the comptroller in the case of the state  and  of the  chief  local  fiscal  officer  in  the case of a subdivision of the state.   7. Any requirements  for  visitation,  inspection  or  supervision  of children,  homes,  institutions or other agencies in another party state which may apply under sections three hundred eighty-two,  three  hundred eighty-six or three hundred ninety-eight of this chapter shall be deemed to  be  met  if  performed  pursuant  to  an  agreement  entered into by appropriate officers or agencies of this state or a subdivision  thereof as  contemplated  by  paragraph  (b)  of  article five of the interstate compact on the placement of children.   8. Neither the prohibition of, nor the limitations  on  out  of  state placement  of  children contained in sections three hundred seventy-four and three hundred ninety-eight of this chapter shall apply to placements made pursuant to the interstate compact on the placement of children.   9. Any court having jurisdiction  to  place  delinquent  children  may place  such a child in an institution of or in another state pursuant to article six of the interstate compact on the placement of  children  and shall retain jurisdiction as provided in article five thereof.   10.  As  used  in  article  seven  of  the  interstate  compact on the placement of children, the term "executive head" means the governor. The governor is hereby authorized to  appoint  a  compact  administrator  in accordance with the terms of said article seven.   11.  (a)  In  addition  to  the  conditions for placement set forth in subdivision one of this section, the sending agency shall, in  the  case  of a placement preliminary to a possible adoption, submit to the compact administrator  a  full  statement  setting forth all fees, including the categories of such fees, paid and to be paid by the adoptive  parent  to any agency or person in exchange for the adoptive placement.  (b)  The  compact administrator shall not approve a proposed placement where such placement violates subdivision six of section  three  hundred seventy-four of this chapter.   12. Placement of a child in this state in violation of subdivision one of  this section by an out of state sending agency shall, in addition to any other  remedy  or  sanction  imposed  by  law,  subject  the  agency violating  such  provision to a civil action for money damages including fees, compensation and other remuneration paid by any person on  account of  or  incident  to  the  placement  of  a  child  in violation of such provision.   Placement of a child by an out of state sending agency in violation of such provision shall subject such agency to  the  exercise  of  personal jurisdiction over such agency by a court pursuant to subparagraph (i) of paragraph  three  of subdivision (a) of section three hundred two of the civil practice law and rules.