2023 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.