2009 Iowa Code
Title 6 - Human Services
Subtitle 5 - Juveniles
CHAPTER 232 - JUVENILE JUSTICE
232.158 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN.

        232.158  INTERSTATE COMPACT ON PLACEMENT OF
      CHILDREN.
         The interstate compact on the placement of children is hereby
      enacted into law and entered into with all other jurisdictions
      legally joining therein in form substantially as follows:
         1.  Article I -- Purpose and policy.  It is the purpose and
      policy of the party states to cooperate with each other in the
      interstate placement of children to the end that:
         a.  Each child requiring placement shall receive the maximum
      opportunity to be placed in a suitable environment and with persons
      or institutions having appropriate qualifications and facilities to
      provide a necessary and desirable degree and type of care.
         b.  The appropriate authorities in a state where a child is to
      be placed may have full opportunity to ascertain the circumstances of
      the proposed placement, thereby promoting full compliance with
      applicable requirements for the protection of the child.
         c.  The proper authorities of the state from which the
      placement is made may obtain the most complete information on the
      basis of which to evaluate a projected placement before it is made.
         d.  Appropriate jurisdictional arrangements for the care of
      children will be promoted.
         2.  Article II -- Definitions.  As used in this compact:
         a.  "Child" means a person who, by reason of minority, is
      legally subject to parental, guardianship or similar control.
         b.  "Sending agency" means a party state, officer or employee
      thereof; a subdivision of a party state, or officer or employee
      thereof; a court of a party state; a person, corporation,
      association, charitable agency or other entity which sends, brings,
      or causes to be sent or brought any child to another party state.
         c.  "Receiving state" means the state to which a child is
      sent, brought, or caused to be sent or brought, whether by public
      authorities or private persons or agencies, and whether for placement
      with state or local public authorities or for placement with private
      agencies or persons.
         d.  "Placement" means the arrangement for the care of a child
      in a family free or boarding home or in a child-caring agency or
      institution, but not in an institution caring for the mentally ill,
      mentally defective, or epileptic, in an institution primarily
      educational in character, or in a hospital or other medical facility.

         3.  Article III -- Conditions for placement.
         a.  A sending agency shall not send, bring, or cause to be
      sent or brought into any other party state a child for placement in
      foster care or as a preliminary to a possible adoption unless the
      sending agency complies with every requirement set forth in this
      article and with the applicable laws of the receiving state governing
      the placement of children in the receiving state.
         b.  Prior to sending, bringing or causing any child to be sent
      or brought into a receiving state for placement in foster care or as
      a preliminary to a possible adoption, the sending agency shall
      furnish the appropriate public authorities in the receiving state
      written notice of the intention to send, bring, or place the child in
      the receiving state.  The notice shall contain:
         (1)  The name, date and place of birth of the child.
         (2)  The identity and address or addresses of the parents or legal
      guardian.
         (3)  The name and address of the person, agency or institution to
      or with which the sending agency proposes to send, bring or place the
      child.
         (4)  A full statement of the reasons for such proposed action and
      evidence of the authority pursuant to which the placement is proposed
      to be made.
         c.  Any public officer or agency in a receiving state which is
      in receipt of a notice pursuant to paragraph "b" of this article
      may request of the sending agency, or any other appropriate officer
      or agency of or in the sending agency's state, and shall be entitled
      to receive therefrom, such supporting or additional information as it
      may deem necessary under the circumstances to carry out the purpose
      and policy of this compact.
         d.  The child shall not be sent, brought, or caused to be sent
      or brought into the receiving state until the appropriate public
      authorities in the receiving state shall notify the sending agency,
      in writing, to the effect that the proposed placement does not appear
      to be contrary to the interests of the child.
         4.  Article IV -- Penalty for illegal placement.  The sending,
      bringing, or causing to be sent or brought into any receiving state
      of a child in violation of the terms of this compact shall constitute
      a violation of the laws respecting the placement of children of both
      the state in which the sending agency is located or from which it
      sends or brings the child and of the receiving state.  Such violation
      may be punished or subjected to penalty in either jurisdiction in
      accordance with its laws.  In addition to liability for any such
      punishment or penalty, any such violation shall constitute full and
      sufficient grounds for the suspension or revocation of any license,
      permit, or other legal authorization held by the sending agency which
      empowers or allows it to place, or care for children.
         5.  Article V -- Retention of jurisdiction.
         a.  The sending agency shall retain jurisdiction over the
      child sufficient to determine all matters in relation to the custody,
      supervision, care, treatment and disposition of the child which it
      would have had if the child had remained in the sending agency's
      state, until the child is adopted, reaches majority, becomes
      self-supporting or is discharged with the concurrence of the
      appropriate authority in the receiving state.  Such jurisdiction
      shall also include the power to effect or cause the return of the
      child or its transfer to another location and custody pursuant to
      law.  The sending agency shall continue to have financial
      responsibility for support and maintenance of the child during the
      period of the placement.  Nothing contained herein shall defeat a
      claim of jurisdiction by a receiving state sufficient to deal with an
      act of delinquency or crime committed therein.
         b.  When the sending agency is a public agency, it may enter
      into an agreement with an authorized public or private agency in the
      receiving state providing for the performance of one or more services
      in respect of such case by the latter as agent for the sending
      agency.
         c.  Nothing in this compact shall be construed to prevent a
      private charitable agency authorized to place children in the
      receiving state from performing services or acting as agent in that
      state for a private charitable agency of the sending state; nor to
      prevent the agency in the receiving state from discharging financial
      responsibility for the support and maintenance of a child who has
      been placed on behalf of the sending agency without relieving the
      responsibility set forth in paragraph "a" hereof.
         6.  Article VI -- Institutional care of delinquent children.
      A child adjudicated delinquent may be placed in an institution in
      another party jurisdiction pursuant to this compact but no such
      placement shall be made unless the child is given a court hearing on
      notice to the parent or guardian with opportunity to be heard, prior
      to the child being sent to such other party jurisdiction for
      institutional care and the court finds that:
         a.  Equivalent facilities for the child are not available in
      the sending agency's jurisdiction; and
         b.  Institutional care in the other jurisdiction is in the
      best interest of the child and will not produce undue hardship.
         7.  Article VII -- Compact administrator.  The executive head
      of each jurisdiction party to this compact shall designate an officer
      who shall be general coordinator of activities under this compact in
      the officer's jurisdiction and who, acting jointly with like officers
      of other party jurisdictions, shall have power to promulgate rules
      and regulations to carry out more effectively the terms and
      provisions of this compact.
         8.  Article VIII -- Limitations.  This compact shall not apply
      to:
         a.  The sending or bringing of a child into a receiving state
      by the child's parent, stepparent, grandparent, adult brother or
      sister, adult uncle or aunt, or guardian and leaving the child with
      any such relative or nonagency guardian in the receiving state.
         b.  Any placement, sending or bringing of a child into a
      receiving state pursuant to any other interstate compact to which
      both the state from which the child is sent or brought and the
      receiving state are party, or to any other agreement between said
      states which has the force of law.
         9.  Article IX -- Enactment and withdrawal.  This compact
      shall be open to joinder by any state, territory or possession of the
      United States, the District of Columbia, the commonwealth of Puerto
      Rico, and, with the consent of Congress, the government of Canada or
      any province thereof.  It shall become effective with respect to any
      such jurisdiction when such jurisdiction has enacted the same into
      law.  Withdrawal from this compact shall be by the enactment of a
      statute repealing the same, but shall not take effect until two years
      after the effective date of such statute and until written notice of
      the withdrawal has been given by the withdrawing state to the
      governor of each other party jurisdiction.  Withdrawal of a party
      state shall not affect the rights, duties and obligations under this
      compact of any sending agency therein with respect to a placement
      made prior to the effective date of withdrawal.
         10.  Article X -- Construction and severability.  The
      provisions of this compact shall be liberally construed to effectuate
      the purposes thereof.  The provisions of this compact shall be
      severable and if any phrase, clause, sentence or provision of this
      compact is declared to be contrary to the constitution of any party
      state or of the United States or the applicability thereof to any
      government, agency, person or circumstance is held invalid, the
      validity of the remainder of this compact and the applicability
      thereof to any government, agency, person or circumstance shall not
      be affected thereby.  If this compact shall be held contrary to the
      constitution of any state party thereto, the compact shall remain in
      full force and effect as to the remaining states and in full force
      and effect as to the state affected as to all severable matters.  

         Section History: Early Form

         [S13, § 3260-1; C24, § 3672, 3675; C27, 31, 35, § 3661-a90, -a93,
      -a95, -a96; C39, § 3661.104, 3661.107, 3661.109, 3661.110; C46,
      50, 54, 58, 62, 66, § 238.33, 238.36, 238.38, 238.39; C71, 73, 75,
      77, 79, 81, § 238.33] 

         Section History: Recent Form

         85 Acts, ch 173, §21--23, 30
         CS85, § 232.158
         2008 Acts, ch 1032, § 201
         Referred to in § 232.159, 232.160, 232.161, 232.162, 232.163,
      232.164, 232.165, 232.166, 232.167