and upon promulgation of rules by the Interstate Commission].
The State of Delaware hereby enters into the Interstate Compact for the Placement of Children as set forth in this section. The Compact
shall take effect upon enactment by at least 35 states and upon approval of the Interstate Commission on the Placement of Children. The
text of the Compact is 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 uniform data collection and information sharing between member states under this compact.
F. Promote coordination between this compact, the Interstate Compact for Juveniles [§ 5203 of this title], 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. "Child" means an individual who has not attained the age of 18.
D. "Certification" means to attest, declare or swear to before a judge or notary public.
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. § 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. "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.
M. "Nonmember 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 1 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 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 1 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, stepparent, 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.
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 Marianas 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 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 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.
3. The interstate placement of a child by 1 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, of this compact into a residential facility by the child's parent.
5. The placement of a child with a noncustodial parent provided that:
a. The noncustodial 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 noncustodial 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 U.S. citizen child living overseas with the child's family, at least 1 of whom is in the U.S. 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, paragraph 2. and 3. of this compact 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;
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 the 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 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-parents 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 parents.
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 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.
D. Approval from the public child placing agency in the receiving state for a 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 timeframes 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.
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:
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.
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 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.
1. Each member state represented at a meeting of the Interstate Commission is entitled to 1 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 of this
compact.
E. 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
of this compact.
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 1 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 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 Commission employment, duties, or responsibilities; provided, that such person shall not be immune from suit or
liability for damage, loss, injury, or liability caused by a criminal act or the intentional or wilful and wanton misconduct or the reckless
or gross negligence 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 make immune such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the
intentional or wilful and wanton misconduct or the reckless or gross negligence of such person.
b. The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the Attorney General
or other appropriate legal counsel of the member state shall defend the commissioner of a member state in a civil action seeking to
impose liability arising out of an actual or alleged act, error or omission that occurred within the scope of Interstate Commission
employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result
from a criminal act or intentional or wilful and wanton misconduct or the reckless or gross negligence on the part of such person.
c. To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees
of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorneys' fees and costs,
obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the
scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission
did not result from a criminal act or from intentional or wilful and wanton misconduct or the reckless or gross negligence 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 for 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 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.
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 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. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of
such litigation including reasonable attorneys' fees; or
d. Avail itself of any other remedies available under state law or the regulation of official or professional conduct.
ARTICLE XIII. FINANCING OF THE COMMISSION
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 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.
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 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 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
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 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 of this compact. The Interstate Commission
shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various
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