2023 Illinois Compiled Statutes › Chapter 45 - INTERSTATE COMPACTS › 45 ILCS 15/ - Interstate Compact on Placement of Children Act.

(45 ILCS 15/0.01) (from Ch. 23, par. 2600)
Sec. 0.01. 
		Short title. 
		This Act may be cited as the
Interstate Compact on Placement of Children Act.
(Source: P.A. 86-1324.)
(45 ILCS 15/1) (from Ch. 23, par. 2601)
Sec. 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 on 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 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 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.
(Source: P.A. 78-1198.)
(45 ILCS 15/2) (from Ch. 23, par. 2602)
Sec. 2. 
		
		
		Financial responsibility for any child placed pursuant to the provisions
of the Interstate Compact on the Placement of Children shall be determined
in accordance with the provisions of Article V thereof in the first
instance. However, in the event of partial or complete default of
performance thereunder, the provisions of the Revised Uniform Reciprocal
Enforcement of Support Act, approved August 28, 1969, as amended, also may
be invoked.
(Source: P.A. 78-1198.)
(45 ILCS 15/3) (from Ch. 23, par. 2603)
Sec. 3. 
		
		
		The "appropriate public authorities" as used in Article III of the
Interstate Compact on the Placement of Children shall, with reference to
this state, mean the Department of Children and Family Services, and the
Department shall receive and act with reference to notices required by
Article III.
(Source: P.A. 78-1198.)
(45 ILCS 15/4) (from Ch. 23, par. 2604)
Sec. 4. 
		
		
		As used in paragraph (a) of Article V of the Interstate Compact on the
Placement of Children, the phrase "Appropriate authority in the receiving
state" with reference to this state means the Department of Children and
Family Services.
(Source: P.A. 78-1198.)
(45 ILCS 15/5) (from Ch. 23, par. 2605)
Sec. 5. 
		
		The
officers and agencies of this State and its subdivisions having
authority to place children are empowered to enter into agreements with
appropriate officers or agencies of or in other party states pursuant to
paragraph (b) of Article V of the Interstate Compact on the Placement of
Children. Any such agreement which contains a financial commitment or
imposes a financial obligation on a subdivision
of this State shall not be binding unless it has the approval in writing
of the chief local fiscal
officer of the subdivision.
(Source: P.A. 82-474.)
(45 ILCS 15/6) (from Ch. 23, par. 2606)
Sec. 6. 
		
		
		Any requirements for visitation, inspection or supervision of children,
homes, institutions or other agencies in another party state which may
apply under the Interstate Compact on Juveniles or any other Act or
regulation 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 V of the
Interstate Compact on the Placement of Children.
(Source: P.A. 78-1198.)
(45 ILCS 15/7) (from Ch. 23, par. 2607)
Sec. 7. 
		
		
		No Act or regulation restricting out of state placement shall apply to
placements made pursuant to the Interstate Compact on the Placement of
Children.
(Source: P.A. 78-1198.)
(45 ILCS 15/8) (from Ch. 23, par. 2608)
Sec. 8. 
		
		
		Any court having jurisdiction to place delinquent children may place
such a child in an institution in another state pursuant to Article VI of
the Interstate Compact on the Placement of Children and shall retain
jurisdiction as provided in Article V thereof.
(Source: P.A. 78-1198.)
(45 ILCS 15/9) (from Ch. 23, par. 2609)
Sec. 9. 
		
		
		As used in Article VII of the Interstate Compact on the Placement of
Children, the term "executive head" means the Governor. The Governor is
authorized to appoint a compact administrator in accordance with the terms
of said Article VII.
(Source: P.A. 78-1198.)