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615.030 Interstate compact on the placement of children.
contingency)
(Effective upon
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
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(8)
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(12)
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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;
"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);
"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;
"Jurisdiction" means the power and authority of a court to hear and decide
matters;
"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;
"Member state" means a state that has enacted this compact;
"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;
"Nonmember state" means a state which has not enacted this compact;
"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;
"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;
"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;
"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
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adoptive parents shall not delay an otherwise safe and suitable placement;
"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;
"Receiving state" means the state to which a child is sent, brought, or caused
to be sent or brought;
"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;
"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;
"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;
"Sending state" means the state from which the placement of a child is
initiated;
"Service members 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;
"Service members state of legal residence" means the state in which the
active duty Armed Services member is considered a resident for tax and voting
purposes;
"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;
"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
"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
Except as otherwise provided in subsection (2) of this Article, this compact
shall apply to:
(a)
(2)
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.
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
childs 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
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Commission.
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 members
permanent duty station or the service members declared legal residence.
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
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.
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.
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.
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;
(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
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the receiving state.
When a sending state court terminates its jurisdiction, the receiving state child
placing agency shall be notified.
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.
Nothing in this article shall limit the receiving states ability to take emergency
jurisdiction for the protection of the child.
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.
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
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.
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 states
determination.
(4) The administrative review and any further judicial review associated with the
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determination shall be conducted in the receiving state pursuant to its
applicable administrative procedures.
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
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.
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.
The public child placing agency in the receiving state shall provide timely
assessments, as provided for in the rules of the Interstate Commission.
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.
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.
Each member state shall provide for coordination among its branches of
government concerning the states 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 Commissions 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 Commissions 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 Commissions 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 Commissions 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 Commissions 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 Commissions 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 persons 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 attorneys 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
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
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
The Interstate Commission shall promulgate and publish rules in order to
effectively and efficiently achieve the purposes of the compact.
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.
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.
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.
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 Commissions principal
office is located for judicial review of such rule. If the court finds that the
Interstate Commissions action is not supported by substantial evidence in the
rule making record, the court shall hold the rule unlawful and set it aside.
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.
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.
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 compacts 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 attorneys 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 Commissions 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 states 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.
Effective:Effective upon contingency
History: Repealed and reenacted 2013 Ky. Acts ch. 79, sec. 5, effective upon
contingency. -- Amended 2012 Ky. Acts ch. 146, sec. 139, effective July 12,
2012. -- Amended 1988 Ky. Acts ch. 283, sec. 17, effective July 15, 1988. -Created 1986 Ky. Acts ch. 423, sec. 58, effective July 1, 1987.
Legislative Research Commission Note (6/25/2013).This statute was repealed
and reenacted in 2013 Ky. Acts ch. 79, sec. 5. Section 9 of that Act prescribed
that this statute would take effect as provided in Article XIV of this statute, upon
the legislative enactment of the compact into law by no fewer than 35 states.
Section 10 of that Act prescribed that the Cabinet for Health and Family
Services must notify the Reviser of Statutes when the 35th state has enacted
the compact. That threshold has not yet been met.
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