The governor is authorized to execute a compact on
behalf of this state with any other state or states legally joining therein in the form substantially
as follows:
ARTICLE I.
PURPOSE
The purpose of this interstate compact for the placement of children is to:
A. Provide a process through which children subject to this compact are placed in safe
and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery of services, and
communication between the states.
C. Provide operating procedures that will ensure that children are placed in safe and
suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rules implementing
the provisions of this compact and regulating the covered activities of the member states.
E. Provide for the uniform data collection and information sharing between member
states under this compact.
F. 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.
G. 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.
H. 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:
A. "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.
B. "Assessment" means an evaluation of a prospective placement by a public child
placing agency in the receiving state to determine if 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 is only applicable to a
placement by a public child placing agency.
C. "Certification" means to attest, declare, or swear to before a judge, magistrate, or
notary public.
D. "Child" means an individual who has not attained the age of eighteen (18).
E. "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.
F. "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 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.
G. "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).
H. "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.
I. "Jurisdiction" means the power and authority of a court to hear and decide matters.
J. "Legal Risk Placement" ("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, and 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.
K. "Member state" means a state that has enacted this compact.
L. "Non-custodial 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.
M. "Non-member state" means a state which has not enacted this compact.
N. "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.
O. "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.
P. "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.
Q. "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 adoptive parents
shall not delay an otherwise safe and suitable placement.
R. "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 it
acts 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.
S. "Receiving state" means the state to which a child is sent, brought, or caused to be
sent or brought.
T. "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, first cousin, or a non-relative
with such significant ties to the child that they may be regarded as relative(s) as determined by
the court in the sending state.
U. "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.
V. "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 an administrative rule in a member state, and includes the
amendment, repeal, or suspension of an existing rule.
W. "Sending state" means the state from which the placement of a child is initiated.
X. "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.
Y. "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.
Z. "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
Mariana Islands, and any other territory of the United States.
AA. "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).
BB. "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
A. Except as otherwise provided in Article III, Section B, this compact shall apply to:
1. 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.
2. 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:
a. The child is being placed in a residential facility in another member state and is not
covered under another compact; or
b. 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.
3. 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.
B. The provisions of this compact shall not apply to:
1. The interstate placement of a child in a custody proceeding in which a public child
placing agency is not a party, provided the placement is not intended to effectuate an adoption.
2. The interstate placement of a child with a non-relative 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.
3. 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.
4. The placement of a child not subject to Article III, Section A into a residential facility
by the child's parent.
5. The placement of a child with a non-custodial parent, provided that:
a. The non-custodial parent proves to the satisfaction of a court in the sending state a
substantial relationship with the child; and
b. The court in the sending state makes a written finding that placement with the non-
custodial parent is in the best interests of the child; and
c. The court in the sending state dismisses its jurisdiction in interstate placements in
which the public child placing agency is a party to the proceeding.
6. 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.
7. Cases in which a United States citizen child living overseas with the child's 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.
8. 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.
C. 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.
D. 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
A. Except as provided in Article IV, Section H, and Article V, Section B, paragraphs
two and three concerning private and independent adoptions, and in interstate placements in
which the public child placing agency is not a party to a custody proceeding, 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.
B. 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.
C. 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.
D. In accordance with its own laws, the court in the sending state shall have authority to
terminate its jurisdiction if:
1. The child is reunified 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; or
2. The child is adopted; or
3. The child reaches the age of majority under the laws of the sending state; or
4. The child achieves legal independence pursuant to the laws of the sending state; or
5. A guardianship is created by a court in the receiving state with the concurrence of the
court in the sending state; or
6. An Indian tribe has petitioned for and received jurisdiction from the court in the
sending state; or
7. 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.
E. When a sending state court terminates its jurisdiction, the receiving state child placing
agency shall be notified.
F. 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.
G. Nothing in this Article shall limit the receiving state's ability to take emergency
jurisdiction for the protection of the child.
H. 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:
1. When the child is a ward of another court that established jurisdiction over the child
prior to the placement; or
2. When the child is in the legal custody of a public agency in the sending state; or
3. 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.
I. 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 EVALUATION
A. 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.
B. 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 to accompany a request for approval shall
include all of the following:
1. A request for approval identifying the child, birth parent(s), the prospective adoptive
parent(s), and the supervising agency, signed by the person requesting approval; and
2. The appropriate consents or relinquishments signed by the birth-parent(s) in
accordance with the laws of the sending state, or where permitted, the laws of the state where the
adoption will be finalized; and
3. Certification by a licensed attorney or authorized agent of a private adoption agency
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; and
4. A home study; and
5. An acknowledgment of legal risk signed by the prospective adoptive parent(s).
C. 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 parent(s) 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.
D. Approval from the public child placing agency in the receiving state for provisional
or approved placement is required as provided for in the rules of the Interstate Commission.
E. 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.
F. Upon receipt of a request from the public child placing 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 for a provisional placement.
G. The public child placing agency in the receiving state may request from the public
child placing agency or the private child placing agency in the sending state, and shall be entitled
to receive, supporting or additional information necessary to complete the assessment or approve
the placement.
H. 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.
I. 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.
J. The Interstate Commission may develop uniform standards for the assessment of the
safety and suitability of interstate placements.
ARTICLE VI.
PLACEMENT AUTHORITY
A. Except as otherwise provided in this compact, no child subject to this compact shall
be placed into a receiving state until approval for such placement is obtained.
B. 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 is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shall have standing to
seek an administrative review of the receiving state's determination.
1. 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 Act.
2. 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
A. For the interstate placement of a child made by a public child placing agency or state
court:
1. The public child placing agency in the sending state shall have financial responsibility
for:
a. The ongoing support and maintenance for the child during the period of the
placement, unless otherwise provided for in the receiving state; and
b. 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.
2. The receiving state shall only have financial responsibility for:
a. Any assessment conducted by the receiving state; and
b. 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
states.
3. 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.
B. For the placement of a child by a private child placing agency preliminary to a
possible adoption, the private child placing agency shall be:
1. 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.
2. Financially responsible for the child absent a contractual agreement to the contrary.
C. The public child placing agency in the receiving state shall provide timely
assessments, as provided for in the rules of the Interstate Commission.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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. 1901 et seq.) for placements subject to
the provisions of this compact, prior to placement.
I. 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 are the formation of public policy and are a discretionary state function. The
Interstate Commission shall:
A. Be a joint commission of the member states and shall have the responsibilities,
powers, and duties set forth herein, and such additional powers as may be conferred upon it by
subsequent concurrent action of the respective legislatures of the member states.
B. Consist of one 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.
1. Each member state represented at a meeting of the Interstate Commission is entitled to
one vote.
2. 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.
3. A representative shall not delegate a vote to another member state.
4. A representative may delegate voting authority to another person from their state for a
specified meeting.
C. 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.
D. 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 rulemaking.
ARTICLE IX.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all necessary actions to effect the goals, purposes, and
obligations as enumerated in this compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory opinions concerning the meaning
or interpretation of the interstate compact, its bylaws, rules, or actions.
D. To enforce compliance with this compact or the bylaws or rules of the Interstate
Commission pursuant to Article XII.
E. 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.
F. To establish and maintain offices as may be necessary for the transacting of its
business.
G. To purchase and maintain insurance and bonds.
H. 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.
I. To establish and appoint committees and officers including, but not limited to, an
executive committee as required by Article X.
J. To accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose thereof.
K. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of
any property, real, personal, or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation of the Interstate
Commission.
O. 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.
P. To coordinate and provide education, training, and public awareness regarding the
interstate movement of children for officials involved in such activity.
Q. To maintain books and records in accordance with the bylaws of the Interstate
Commission.
R. 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
A. Bylaws
1. Within 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.
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 vote that an open meeting would be likely to:
a. Relate solely to the Interstate Commission's internal personnel practices and
procedures; or
b. Disclose matters specifically exempted from disclosure by federal law; or
c. Disclose financial or commercial information which is privileged, proprietary, or
confidential in nature; or
d. Involve accusing a person of a crime, or formally censuring a person; or
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; or
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 a 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.
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.
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 Interstate 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 is considered to be 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 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 judgement, 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 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.
ARTICLE XI.
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in this Article and the bylaws
and rules adopted pursuant thereto. Such rulemaking 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 U.S. 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.
C. When promulgating a rule, the Interstate Commission shall, at a minimum:
1. Publish the proposed rule's entire text stating the reason(s) for that proposed rule; and
2. 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
3. Promulgate a final rule and its effective date, if appropriate, based on input from state
or local officials or interested parties.
D. 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.
E. Not later than 60 days after a rule is promulgated, an interested person may file a
petition in the U.S. 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 rulemaking record, the court shall hold the rule unlawful and set it aside.
F. 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.
G. The existing rules governing the operation of the Interstate Compact on the
Placement of Children superseded by this act shall be null and void no less than 12, but no more
than 24, months after the first meeting of the Interstate Commission created hereunder, as
determined by the members during the first meeting.
H. Within the first 12 months of operation, the Interstate Commission shall promulgate
rules addressing the following:
1. Transition rules.
2. Forms and procedures.
3. Time lines.
4. Data collection and reporting.
5. Rulemaking.
6. Visitation.
7. Progress reports/supervision.
8. Sharing of information/confidentiality.
9. Financing of the Interstate Commission.
10. Mediation, arbitration, and dispute resolution.
11. Education, training, and technical assistance.
12. Enforcement.
13. Coordination with other interstate compacts.
I. Upon determination by a majority of the members of the Interstate Commission that
an emergency exists:
1. The Interstate Commission may promulgate an emergency rule only if it is required
to:
a. Protect the children covered by this compact from an imminent threat to their health,
safety, and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rule required by federal
law.
2. An emergency rule shall become effective immediately upon adoption, provided that
the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as
soon as reasonably possible, but no later than 90 days after the effective date of the emergency
rule.
3. An emergency rule shall be promulgated as provided for in the rules of the Interstate
Commission.
ARTICLE XII.
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
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.
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 non-member 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.
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; or
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 must cure its default; or
c. By majority vote of the members, initiate against a defaulting member state legal
action in the United States 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. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation 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
A. The Interstate Commission shall pay, or provide for the payment of, the reasonable
expenses of its establishment, organization, and ongoing activities.
B. 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 must 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.
C. The Interstate Commission shall not incur obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of
any of the member states, except by and with the authority of the member state.
D. 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
A. Any state is eligible to become a member state.
B. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 states. The effective date shall be the later of July 1, 2007,
or upon enactment of the compact into law by the 35th 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 state human services administration with ultimate responsibility for the
child welfare program of non-member states or their designees shall be invited to participate in
the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact
by all states.
C. 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
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 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 the 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 is 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.
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 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
A. 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.
B. The provisions of this compact shall be liberally construed to effectuate its purposes.
C. 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
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a member state that is
not inconsistent with this compact.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the member states.
2. All agreements between the Interstate Commission and the member states are binding
in accordance with their terms.
3. In the event 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 provisions 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 1. 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.‹ Prev All Colorado sections Next ›
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