2006 Code of Virginia § 63.2-1000 - Interstate Compact on the Placement of Children; form of compact

63.2-1000. Interstate Compact on the Placement of Children; form of compact.

The Governor of Virginia is hereby authorized and requested to execute, onbehalf of the Commonwealth of Virginia, with any other state or stateslegally joining therein, a compact which shall be in form substantially asfollows:

The contracting states solemnly agree that:

ARTICLE I. Purpose and Policy.

It is the purpose and policy of the party states to cooperate with each otherin the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity tobe placed in a suitable environment and with persons or institutions havingappropriate qualifications and facilities to provide a necessary anddesirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed mayhave full opportunity to ascertain the circumstances of the proposedplacement, thereby promoting full compliance with applicable requirements forthe protection of the child.

(c) The proper authorities of the state from which the placement is made mayobtain the most complete information on the basis of which to evaluate aprojected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will bepromoted.

ARTICLE II. Definitions.

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subjectto parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; asubdivision of a party state, or officer or employee thereof; a court of aparty state; a person, corporation, association, charitable agency or otherentity which sends, brings, or causes to be sent or brought any child toanother party state.

(c) "Receiving state" means the state to which a child is sent, brought, orcaused to be sent or brought, whether by public authorities or privatepersons or agencies, and whether for placement with state or local publicauthorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a familyfree or boarding home or in a child-caring agency or institution but does notinclude any institution caring for the mentally ill, mentally defective orepileptic or any institution primarily educational in character, and anyhospital or other medical facility.

ARTICLE III. Conditions for Placement.

(a) No sending agency shall send, bring, or cause to be sent or brought intoany other party state any child for placement in foster care or as apreliminary to a possible adoption unless the sending agency shall complywith each and every requirement set forth in this article and with theapplicable laws of the receiving state governing the placement of childrentherein.

(b) Prior to sending, bringing or causing any child to be sent or broughtinto a receiving state for placement in foster care or as a preliminary to apossible adoption, the sending agency shall furnish the appropriate publicauthorities 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 withwhich the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for such proposed action and evidence ofthe 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 ofa notice pursuant to paragraph (b) of this article may request of the sendingagency, or any other appropriate officer or agency of or in the sendingagency's state, and shall be entitled to receive therefrom, such supportingor additional information as it may deem necessary under the circumstances tocarry out the purpose and policy of this compact.

(d) The child shall not be sent, brought or caused to be sent or brought intothe receiving state until the appropriate public authorities in the receivingstate shall notify the sending agency, in writing, to the effect that theproposed placement does not appear to be contrary to the interests of thechild.

ARTICLE IV. Penalty for Illegal Placement.

The sending, bringing, or causing to be sent or brought into any receivingstate of a child in violation of the terms of this compact shall constitute aviolation of the laws respecting the placement of children of both the statein which the sending agency is located or from which it sends or brings thechild and of the receiving state. Such violation may be punished or subjectedto penalty in either jurisdiction in accordance with its laws. In addition toliability for any such punishment or penalty, any such violation shallconstitute full and sufficient grounds for the suspension or revocation ofany license, permit, or other legal authorization held by the sending agencywhich empowers or allows it to place, or care for children.

ARTICLE V. Retention of Jurisdiction.

(a) The sending agency shall retain jurisdiction over the child sufficient todetermine all matters in relation to the custody, supervision, care,treatment and disposition of the child which it would have had if the childhad remained in the sending agency's state, until the child is adopted,reaches majority, becomes self-supporting or is discharged with theconcurrence of the appropriate authority in the receiving state. Suchjurisdiction shall also include the power to effect or cause the return ofthe child or its transfer to another location and custody pursuant to law.The sending agency shall continue to have financial responsibility forsupport and maintenance of the child during the period of the placement.Nothing contained herein shall defeat a claim of jurisdiction by a receivingstate sufficient to deal with an act of delinquency or crime committedtherein.

(b) When the sending agency is a public agency, it may enter into anagreement with an authorized public or private agency in the receiving stateproviding for the performance of one or more services in respect of suchcases by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a privatecharitable agency authorized to place children in the receiving state fromperforming services or acting as agent in that state for a private charitableagency of the sending state; nor to prevent the agency in the receiving statefrom discharging financial responsibility for the support and maintenance ofa child who has been placed on behalf of the sending agency without relievingthe responsibility set forth in paragraph (a) hereof.

ARTICLE VI. Institutional Care of Delinquent Children.

A child adjudicated delinquent may be placed in an institution in anotherparty jurisdiction pursuant to this compact but no such placement shall bemade unless the child is given a court hearing on notice to the parent orguardian with opportunity to be heard, prior to his being sent to such otherparty jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sendingagency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best interest ofthe child and will not produce undue hardship.

ARTICLE VII. Compact Administrator.

The executive head of each jurisdiction party to this compact shall designatean officer who shall be general coordinator of activities under this compactin his jurisdiction and who, acting jointly with like officers of other partyjurisdictions, shall have the power to promulgate rules and regulations tocarry out more effectively the terms and provisions of this compact.

ARTICLE VIII. Limitations.

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his parent,step-parent, grandparent, adult brother or sister, adult uncle or aunt, orhis guardian and leaving the child with any such relative or nonagencyguardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving statepursuant to any other interstate compact to which both the state from whichthe child is sent or brought and the receiving state are party, or to anyother agreement between said states which has the force of law.

ARTICLE IX. Enactment and Withdrawal.

This compact shall be open to joinder by any state, territory or possessionof the United States, the District of Columbia, the Commonwealth of PuertoRico, and, with the consent of Congress, the Government of Canada or anyprovince thereof. It shall become effective with respect to any suchjurisdiction when such jurisdiction has enacted the same into law. Withdrawalfrom 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 suchstatute and until written notice of the withdrawal has been given by thewithdrawing state to the Governor of each other party jurisdiction.Withdrawal of a party state shall not affect the rights, duties andobligations under this compact of any sending agency therein with respect toa placement made prior to the effective date of withdrawal.

ARTICLE X. Construction and Severability.

The provisions of this compact shall be liberally construed to effectuate thepurposes thereof. The provisions of this compact shall be severable and ifany phrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States orthe applicability thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state party thereto, the compact shall remain in fullforce and effect as to the remaining states and in full force and effect asto the state affected as to all severable matters.

(1975, c. 406, 63.1-219.2; 2002, c. 747.)

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