Download as PDF
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 located, and
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
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
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(1)
training for prospective foster or 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 member’s permanent duty station" means the military installation
where an active duty Armed Services member is currently assigned and is
physically located under competent orders that do not specify the duty as temporary;
"Service member’s state of legal residence" means the state in which the active
duty Armed Services member is considered a resident for tax and voting purposes;
"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
(2)
apply to:
(a) The interstate placement of a child subject to ongoing court jurisdiction in the
sending state, due to allegations or findings that the child has been abused,
neglected, or deprived as defined by the laws of the sending state, provided,
however, that the placement of such a child into a residential facility shall
only require notice of residential placement to the receiving state prior to
placement;
(b) The interstate placement of a child adjudicated delinquent or unmanageable
based on the laws of the sending state and subject to ongoing court
jurisdiction of the sending state if:
1.
The child is being placed in a residential facility in another member state
and is not covered under another compact; or
2.
The child is being placed in another member state and the determination
of safety and suitability of the placement and services required is not
provided through another compact; and
(c) The interstate placement of any child by a public child placing agency or
private child placing agency as defined in this compact as a preliminary step
to a possible adoption.
The provisions of this compact shall not apply to:
(a) The interstate placement of a child in a custody proceeding in which a public
child placing agency is not a party if the placement is not intended to
effectuate an adoption;
(b) The interstate placement of a child with a nonrelative in a receiving state by a
parent with the legal authority to make such a placement provided, however,
that the placement is not intended to effectuate an adoption;
(c) The interstate placement of a child by one relative with the lawful authority to
make such a placement directly with a relative in a receiving state;
(d) The placement of a child, not subject to subsection (1) of this Article, into a
residential facility by his parent;
(e) The placement of a child with a noncustodial parent provided that:
1.
The noncustodial parent proves to the satisfaction of a court in the
sending state a substantial relationship with the child;
2.
The court in the sending state makes a written finding that placement
with the noncustodial parent is in the best interests of the child; and
3.
The court in the sending state dismisses its jurisdiction over the
child’s case;
(f) A child entering the United States from a foreign country for the purpose of
adoption or leaving the United States to go to a foreign country for the
purpose of adoption in that country;
(g) Cases in which a United States citizen child living overseas with his family, at
least one of whom is in the United States Armed Services, and who is
stationed overseas, is removed and placed in a state; or
(h)
(3)
(4)
(1)
(2)
(3)
(4)
The sending of a child by a public child placing agency or a private child
placing agency for a visit as defined by the rules of the Interstate Commission.
For purposes of determining the applicability of this compact to the placement of a
child with a family in the Armed Services, the public child placing agency or
private child placing agency may choose the state of the service member’s
permanent duty station or the service member’s declared legal residence.
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, audiovideo 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
(5)
(6)
(7)
(8)
(9)
(1)
(2)
the sending state; or
(g) The public child placing agency of the sending state requests termination and
has obtained the concurrence of the public child placing agency in the
receiving state.
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 state’s 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
(3)
(4)
(5)
(1)
(2)
(3)
(4)
(5)
subject to judicial review in the sending state.
If the proposed placement is not approved, any interested party shall have standing
to seek an administrative review of the receiving state’s determination.
The administrative review and any further judicial review associated with the
determination shall be conducted in the receiving state pursuant to its applicable
administrative procedures.
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.
(6) Each member state shall provide for coordination among its branches of
government concerning the state’s participation in, and compliance with, the
compact and Interstate Commission activities, through the creation of an advisory
council or use of an existing body or board.
(7) Each member state shall establish a central state compact office, which shall be
responsible for state compliance with the compact and the rules of the Interstate
Commission.
(8) The public child placing agency in the sending state shall oversee compliance with
the provisions of the Indian Child Welfare Act, 25 U.S.C. sec. 1901 et seq., for
placements subject to the provisions of this compact, prior to placement.
(9) With the consent of the Interstate Commission, states may enter into limited
agreements that facilitate the timely assessment and provision of services and
supervision of placements under this compact.
ARTICLE VIII
INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, a commission known as the
"Interstate Commission for the Placement of Children." The activities of the Interstate
Commission may be the formation of public policy and shall be a discretionary state
function. The Interstate Commission shall:
(1) Be a joint commission of the member states and shall have the responsibilities,
powers, and duties set forth in this compact, and such additional powers as may be
conferred upon it by subsequent concurrent action of the respective legislatures of
the member states;
(2) Consist of one (1) commissioner from each member state who shall be appointed by
the executive head of the state human services administration with ultimate
responsibility for the child welfare program. The appointed commissioner shall
have the legal authority to vote on policy related matters governed by this compact
binding the state.
(a) Each member state represented at a meeting of the Interstate Commission
shall be entitled to one (1) vote;
(b) A majority of the member states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate
Commission;
(c) A representative shall not delegate a vote to another member state; and
(d) A representative may delegate voting authority to another person from their
state for a specified meeting.
(3) In addition to the commissioners of each member state, the Interstate Commission
shall include persons who are members of interested organizations as defined in the
bylaws or rules of the Interstate Commission. Such members shall be ex officio and
shall not be entitled to vote on any matter before the Interstate Commission.
(4) Establish an executive committee which shall have the authority to administer the
day-to-day operations and administration of the Interstate Commission. It shall not
have the power to engage in rule making.
ARTICLE IX
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
(1) To promulgate rules and take all necessary actions to effect the goals, purposes, and
obligations as enumerated in this compact;
(2) To provide for dispute resolution among member states;
(3) To issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact, its bylaws, rules, or actions;
(4) To enforce compliance with this compact or the bylaws or rules of the Interstate
Commission pursuant to Article XII;
(5) To collect standardized data concerning the interstate placement of children subject
to this compact as directed through its rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements;
(6) To establish and maintain offices as may be necessary for the transacting of its
business;
(7) To purchase and maintain insurance and bonds;
(8) To hire or contract for services of personnel or consultants as necessary to carry out
its functions under the compact and establish personnel qualification policies, and
rates of compensation;
(9) To establish and appoint committees and officers including, but not limited to, an
executive committee as required by Article X;
(10) To accept any and all donations and grants of money, equipment, supplies,
materials, and services, and to receive, utilize, and dispose thereof;
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed;
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed;
(13) To establish a budget and make expenditures;
(14) To adopt a seal and bylaws governing the management and operation of the
Interstate Commission;
(15) To report annually to the legislatures, governors, the judiciary, and state advisory
councils of the member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any recommendations that
may have been adopted by the Interstate Commission;
(16) To coordinate and provide education, training, and public awareness regarding the
interstate movement of children for officials involved in such activity;
(17) To maintain books and records in accordance with the bylaws of the Interstate
Commission; and
(18) To perform such functions as may be necessary or appropriate to achieve the
purposes of this compact.
ARTICLE X
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws
(1) Within twelve (12) months after the first Interstate Commission meeting, the
Interstate Commission shall adopt bylaws to govern its conduct as may be necessary
or appropriate to carry out the purposes of the compact.
(2) The Interstate Commission’s bylaws and rules shall establish conditions and
procedures under which the Interstate Commission shall make its information and
official records available to the public for inspection or copying. The Interstate
Commission may exempt from disclosure information or official records to the
extent they would adversely affect personal privacy rights or proprietary interests.
Section B. Meetings
(1) The Interstate Commission shall meet at least once each calendar year. The
chairperson may call additional meetings and, upon the request of a simple majority
of the member states shall call additional meetings.
(2) Public notice shall be given by the Interstate Commission of all meetings and all
meetings shall be open to the public, except as set forth in the rules or as otherwise
provided in the compact. The Interstate Commission and its committees may close a
meeting, or portion thereof, where it determines by two-thirds (2/3) vote that an
open meeting would be likely to:
(a) Relate solely to the Interstate Commission’s internal personnel practices
and procedures;
(b) Disclose matters specifically exempted from disclosure by federal law;
(c) Disclose financial or commercial information which is privileged, proprietary,
or confidential in nature;
(d) Involve accusing a person of a crime, or formally censuring a person;
(e) Disclose information of a personal nature where disclosure would constitute a
clearly unwarranted invasion of personal privacy or physically endanger one
or more persons;
(f) Disclose investigative records compiled for law enforcement purposes; or
(g) Specifically relate to the Interstate Commission’s participation in a civil
action or other legal proceeding.
(3) For a meeting, or portion of a meeting, closed pursuant to this provision, the
Interstate Commission’s legal counsel or designee shall certify that the meeting
may be closed and shall reference each relevant exemption provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters
discussed in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefore, including a description of the views expressed and
the record of a roll call vote. All documents considered in connection with an action
shall be identified in such minutes. All minutes and documents of a closed meeting
shall remain under seal, subject to release by a majority vote of the Interstate
Commission or by court order.
(4) The bylaws may provide for meetings of the Interstate Commission to be conducted
by telecommunication or other electronic communication.
Section C. Officers and Staff
(1) The Interstate Commission may, through its executive committee, appoint or retain
a staff director for such period, upon such terms and conditions and for such
compensation as the Interstate Commission may deem appropriate. The staff
director shall serve as secretary to the Interstate Commission, but shall not have a
vote. The staff director may hire and supervise such other staff as may be authorized
by the Interstate Commission.
(2) The Interstate Commission shall elect, from among its members, a chairperson and
a vice chairperson of the executive committee and other necessary officers, each of
whom shall have such authority and duties as may be specified in the bylaws.
Section D. Qualified Immunity, Defense, and Indemnification
(1) The Interstate Commission’s staff director and its employees shall be immune
from suit and liability, either personally or in their official capacity, for a claim for
damage to or loss of property or personal injury or other civil liability caused or
arising out of or relating to an actual or alleged act, error, or omission that occurred,
or that such person had a reasonable basis for believing occurred within the scope of
commission employment, duties, or responsibilities, provided, that such person
shall not be protected from suit or liability for damage, loss, injury, or liability
caused by a criminal act or the intentional or willful and wanton misconduct of such
person.
(a) The liability of the Interstate Commission’s staff director and employees
or Interstate Commission representatives, acting within the scope of such
person's employment or duties for acts, errors, or omissions occurring within
such person’s state may not exceed the limits of liability set forth under
the Constitution and laws of that state for state officials, employees, and
agents. The Interstate Commission shall be considered an instrumentality of
the states for the purposes of any such action. Nothing in this subsection shall
be construed to protect such person from suit or liability for damage, loss,
injury, or liability caused by a criminal act or the intentional or willful and
wanton misconduct of such person.
(b) The Interstate Commission shall defend the staff director and its employees
and, subject to the approval of the Attorney General or other appropriate legal
counsel of the member state, shall defend the commissioner of a member state
in a civil action seeking to impose liability arising out of an actual or alleged
act, error, or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of Interstate Commission
employment, duties, or responsibilities, provided that the actual or alleged act,
(1)
(2)
(3)
(4)
(5)
(6)
error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
(c) To the extent not covered by the state involved, member state, or the Interstate
Commission, the representatives or employees of the Interstate Commission
shall be held harmless in the amount of a settlement or judgment, including
attorney’s fees and costs, obtained against such persons arising out of an
actual or alleged act, error, or omission that occurred within the scope of
Interstate Commission employment, duties, or responsibilities, or that such
persons had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such persons.
ARTICLE XI
RULE MAKING FUNCTIONS OF THE INTERSTATE COMMISSION
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 Commission’s principal office is
located for judicial review of such rule. If the court finds that the Interstate
Commission’s action is not supported by substantial evidence in the rule
making record, the court shall hold the rule unlawful and set it aside.
If a majority of the legislatures of the member states rejects a rule, those states may
(7)
(8)
(9)
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.
Upon determination by a majority of the members of the Interstate Commission that
an emergency exists:
(a) The Interstate Commission may promulgate an emergency rule only if it is
required to:
1.
Protect the children covered by this compact from an imminent threat to
their health, safety, and well-being;
2.
Prevent loss of federal or state funds; or
3.
Meet a deadline for the promulgation of an administrative rule required
by federal law; and
(b) An emergency rule shall become effective immediately upon adoption,
provided that the usual rule making procedures provided under this article
shall be retroactively applied to this rule as soon as reasonably possible, but
no later than ninety (90) days after the effective date of the emergency rule;
and
(c) An emergency rule shall be promulgated as provided for in the rules of the
Interstate Commission.
ARTICLE XII
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
Section A. Oversight
(1) The Interstate Commission shall oversee the administration and operation of the
compact.
(2) The executive, legislative, and judicial branches of state government in each
member state shall enforce this compact and the rules of the Interstate Commission
and shall take all actions necessary and appropriate to effectuate the compact’s
purposes and intent. The compact and its rules shall be binding in the compacting
states to the extent and in the manner provided for in this compact.
(3) All courts shall take judicial notice of the compact and the rules in any judicial or
administrative proceeding in a member state pertaining to the subject matter of this
compact.
(4) The Interstate Commission shall be entitled to receive service of process in any
action in which the validity of a compact provision or rule is the issue for which a
judicial determination has been sought and shall have standing to intervene in any
proceedings. Failure to provide service of process to the Interstate Commission
shall render any judgment, order, or other determination, however so captioned or
classified, void as to the Interstate Commission, this compact, its bylaws or rules of
the Interstate Commission.
Section B. Dispute Resolution
(1) The Interstate Commission shall attempt, upon the request of a member state, to
resolve disputes which are subject to the compact and which may arise among
member states and between member and nonmember states.
(2) The Interstate Commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes among compacting states. The costs of
such mediation or dispute resolution shall be the responsibility of the parties to the
dispute.
Section C. Enforcement
(1) If the Interstate Commission determines that a member state has defaulted in the
performance of its obligations or responsibilities under this compact, its bylaws or
rules, the Interstate Commission may:
(a) Provide remedial training and specific technical assistance;
(b) Provide written notice to the defaulting state and other member states, of the
nature of the default and the means of curing the default. The Interstate
Commission shall specify the conditions by which the defaulting state shall
cure its default;
(c) By majority vote of the members, initiate legal action against a defaulting
member state in the United State District Court for the District of Columbia
or, at the discretion of the Interstate Commission, in the federal district where
the Interstate Commission has its principal office, to enforce compliance with
the provisions of the compact, its bylaws or rules. The relief sought may
include both injunctive relief and damages. If judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation
(1)
(2)
(3)
(4)
(1)
(2)
(3)
including reasonable attorney’s fees; or
(d) Avail itself of any other remedies available under state law or the regulation of
official or professional conduct.
ARTICLE XIII
FINANCING OF THE COMMISSION
The Interstate Commission shall pay, or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
The Interstate Commission may levy on and collect an annual assessment from each
member state to cover the cost of the operations and activities of the Interstate
Commission and its staff which shall be in a total amount sufficient to cover the
Interstate Commission’s annual budget as approved by its members each year.
The aggregate annual assessment amount shall be allocated based upon a formula to
be determined by the Interstate Commission which shall promulgate a rule binding
upon all member states.
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.
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
Any state shall be eligible to become a member state.
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 thirtyfifth 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.
The Interstate Commission may propose amendments to the compact for enactment
by the member states. No amendment shall become effective and binding on the
member states unless and until it is enacted into law by unanimous consent of the
member states.
ARTICLE XV
WITHDRAWAL AND DISSOLUTION
Section A. Withdrawal
(1) Once effective, the compact shall continue in force and remain binding upon each
and every member state, provided that a member state may withdraw from the
compact by specifically repealing the statute which enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment of a statute repealing the
same. The effective date of withdrawal shall be the effective date of the repeal of
the statute.
(3) The withdrawing state shall immediately notify the president of the Interstate
Commission in writing upon the introduction of legislation repealing this compact
in the withdrawing state. The Interstate Commission shall then notify the other
member states of the withdrawing state’s intent to withdraw.
(4) The withdrawing state shall be responsible for all assessments, obligations, and
liabilities incurred through the effective date of withdrawal.
(5) Reinstatement following withdrawal of a member state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by
the members of the Interstate Commission.
Section B. Dissolution of Compact
(1) This compact shall dissolve effective upon the date of the withdrawal or default of
the member state which reduces the membership in the compact to one (1) member
state.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate
Commission shall be concluded and surplus funds shall be distributed in accordance
with the bylaws.
ARTICLE XVI
SEVERABILITY AND CONSTRUCTION
(1) The provisions of this compact shall be severable, and if any phrase, clause,
sentence or provision is deemed unenforceable, the remaining provisions of the
compact shall be enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its
purposes.
(3) Nothing in this compact shall be construed to prohibit the concurrent applicability
of other interstate compacts to which the states are members.
ARTICLE XVII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other Laws
(1) Nothing in this compact prevents the enforcement of any other law of a member
state that is not inconsistent with this compact.
Section B. Binding Effect of the Compact
(1) All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, shall be binding upon the member
states.
(2) All agreements between the Interstate Commission and the member states shall be
binding in accordance with their terms.
(3) If any provision of this compact exceeds the constitutional limits imposed on the
legislature of any member state, such provision shall be ineffective to the extent of
the conflict with the constitutional provision in question in that member state.
ARTICLE XVIII
INDIAN TRIBES
Notwithstanding any other provision in this compact, the Interstate Commission may
promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all
of the purposes of the compact as specified in Article I. The Interstate Commission shall
make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect
the diverse circumstances of the various Indian tribes.
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.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.