Full Text of HB3762 95th General Assembly
HB3762eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning interstate compacts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Interstate Compact for the Placement of Children Act of 2007. | 6 |
| Section 5. Ratification and approval of compact. The State | 7 |
| of Illinois ratifies and approves the following compact: | 8 |
| "Interstate Compact for the Placement of Children. | 9 |
| ARTICLE I. PURPOSE
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| The purpose of this Interstate Compact for the Placement of | 11 |
| Children is to:
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| A. Provide a process through which children subject to | 13 |
| this compact are placed in safe and suitable homes in a | 14 |
| timely manner.
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| B. Facilitate ongoing supervision of a placement, the | 16 |
| delivery of services, and communication between the | 17 |
| states.
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| C. Provide operating procedures that will ensure that | 19 |
| children are placed in safe and suitable homes in a timely | 20 |
| manner.
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| D. Provide for the promulgation and enforcement of |
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| administrative rules implementing the provisions of this | 2 |
| compact and regulating the covered activities of the member | 3 |
| states.
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| E. Provide for uniform data collection and information | 5 |
| sharing between member states under this compact.
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| F. Promote coordination between this compact, the | 7 |
| Interstate Compact for Juveniles, the Interstate Compact | 8 |
| on Adoption and Medical Assistance and other compacts | 9 |
| affecting the placement of and which provide services to | 10 |
| children otherwise subject to this compact.
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| G. Provide for a state's continuing legal jurisdiction | 12 |
| and responsibility for placement and care of a child that | 13 |
| it would have had if the placement were intrastate.
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| H. Provide for the promulgation of guidelines, in | 15 |
| collaboration with Indian tribes, for interstate cases | 16 |
| involving Indian children as is or may be permitted by | 17 |
| federal law. | 18 |
| ARTICLE II. DEFINITIONS
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| As used in this compact,
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| A. "Approved placement" means the receiving state has | 21 |
| determined after an assessment that the placement is both safe | 22 |
| and suitable for the child and is in compliance with the | 23 |
| applicable laws of the receiving state governing the placement | 24 |
| of children therein. | 25 |
| B. "Assessment" means an evaluation of a prospective |
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| placement to determine whether the placement meets the | 2 |
| individualized needs of the child, including but not limited to | 3 |
| the child's safety and stability, health and well-being, and | 4 |
| mental, emotional and physical development.
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| C. "Child" means an individual who has not attained the age | 6 |
| of eighteen (18).
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| D. "Default" means the failure of a member state to perform | 8 |
| the obligations or responsibilities imposed upon it by this | 9 |
| compact, the bylaws or rules of the Interstate Commission.
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| E. "Indian tribe" means any Indian tribe, band, nation, or | 11 |
| other organized group or community of Indians recognized as | 12 |
| eligible for services provided to Indians by the Secretary of | 13 |
| the Interior because of their status as Indians, including any | 14 |
| Alaskan native village as defined in Section 3 (c) of the | 15 |
| Alaska Native Claims Settlement Act at 43 USC §1602(c).
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| F. "Interstate Commission for the Placement of Children" | 17 |
| means the commission that is created under Article VIII of this | 18 |
| compact and which is generally referred to as the Interstate | 19 |
| Commission.
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| G. "Jurisdiction" means the power and authority of a court | 21 |
| to hear and decide matters.
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| H. "Member state" means a state that has enacted this | 23 |
| compact.
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| I. "Non-custodial parent" means a person who, at the time | 25 |
| of the commencement of court proceedings in the sending state, | 26 |
| does not have sole legal custody of the child or has joint |
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| legal custody of a child, and who is not the subject of | 2 |
| allegations or findings of child abuse or neglect.
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| J. "Non-member state" means a state which has not enacted | 4 |
| this compact.
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| K. "Notice of residential placement" means information | 6 |
| regarding a placement into a residential facility provided to | 7 |
| the receiving state including, but not limited to the name, | 8 |
| date and place of birth of the child, the identity and address | 9 |
| of the parent or legal guardian, evidence of authority to make | 10 |
| the placement, and the name and address of the facility in | 11 |
| which the child will be placed. Notice of residential placement | 12 |
| shall also include information regarding a discharge and any | 13 |
| unauthorized absence from the facility.
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| L. "Placement" means the act by a public or private child | 15 |
| placing agency intended to arrange for the care or custody of a | 16 |
| child in another state.
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| M. "Private child placing agency" means any private | 18 |
| corporation, agency, foundation, institution, or charitable | 19 |
| organization, or any private person or attorney that | 20 |
| facilitates, causes, or is involved in the placement of a child | 21 |
| from one state to another and that is not an instrumentality of | 22 |
| the state or acting under color of state law.
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| N. "Provisional placement" means that the receiving state | 24 |
| has determined that the proposed placement is safe and | 25 |
| suitable, and, to the extent allowable, the receiving state has | 26 |
| temporarily waived its standards or requirements otherwise |
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| applicable to prospective foster or adoptive parents so as to | 2 |
| not delay the placement. Completion of the receiving state | 3 |
| requirements regarding training for prospective foster or | 4 |
| adoptive parents shall not delay an otherwise safe and suitable | 5 |
| placement.
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| O. "Public child placing agency" means any government child | 7 |
| welfare agency or child protection agency or a private entity | 8 |
| under contract with such an agency, regardless of whether they | 9 |
| act on behalf of a state, county, municipality or other | 10 |
| governmental unit and which facilitates, causes, or is involved | 11 |
| in the placement of a child from one state to another.
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| P. "Receiving state" means the state to which a child is | 13 |
| sent, brought, or caused to be sent or brought.
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| Q. "Relative" means someone who is related to the child as | 15 |
| a parent, step-parent, sibling by half or whole blood or by | 16 |
| adoption, grandparent, aunt, uncle, or first cousin or a | 17 |
| non-relative with such significant ties to the child that they | 18 |
| may be regarded as relatives as determined by the court in the | 19 |
| sending state.
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| R. "Residential Facility" means a facility providing a | 21 |
| level of care that is sufficient to substitute for parental | 22 |
| responsibility or foster care, and is beyond what is needed for | 23 |
| assessment or treatment of an acute condition. For purposes of | 24 |
| the compact, residential facilities do not include | 25 |
| institutions primarily educational in character, hospitals or | 26 |
| other medical facilities.
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| S. "Rule" means a written directive, mandate, standard or | 2 |
| principle issued by the Interstate Commission promulgated | 3 |
| pursuant to Article XI of this compact that is of general | 4 |
| applicability and that implements, interprets or prescribes a | 5 |
| policy or provision of the compact. "Rule" has the force and | 6 |
| effect of statutory law in a member state, and includes the | 7 |
| amendment, repeal, or suspension of an existing rule.
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| T. "Sending state" means the state from which the placement | 9 |
| of a child is initiated.
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| U. "Service member's permanent duty station" means the | 11 |
| military installation where an active duty Armed Services | 12 |
| member is currently assigned and is physically located under | 13 |
| competent orders that do not specify the duty as temporary.
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| V. "Service member's state of legal residence" means the | 15 |
| state in which the active duty Armed Services member is | 16 |
| considered a resident for tax and voting purposes.
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| W. "State" means a state of the United States, the District | 18 |
| of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin | 19 |
| Islands, Guam, American Samoa, the Northern Marianas Islands | 20 |
| and any other territory of the United States.
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| X. "State court" means a judicial body of a state that is | 22 |
| vested by law with responsibility for adjudicating cases | 23 |
| involving abuse, neglect, deprivation, delinquency or status | 24 |
| offenses of individuals who have not attained the age of | 25 |
| eighteen (18).
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| Y. "Supervision" means monitoring provided by the |
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| receiving state once a child has been placed in a receiving | 2 |
| state pursuant to this compact.
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| ARTICLE III. APPLICABILITY
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| A. Except as otherwise provided in Article III, Section B, | 5 |
| this compact shall apply to:
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| 1. The interstate placement of a child subject to | 7 |
| ongoing court jurisdiction in the sending state, due to | 8 |
| allegations or findings that the child has been abused, | 9 |
| neglected, or deprived as defined by the laws of the | 10 |
| sending state, provided, however, that the placement of | 11 |
| such a child into a residential facility shall only require | 12 |
| notice of residential placement to the receiving state | 13 |
| prior to placement.
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| 2. The interstate placement of a child adjudicated | 15 |
| delinquent or unmanageable based on the laws of the sending | 16 |
| state and subject to ongoing court jurisdiction of the | 17 |
| sending state if:
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| a. the child is being placed in a residential | 19 |
| facility in another
member state and is not covered | 20 |
| under another compact; or
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| b. the child is being placed in another member | 22 |
| state and the determination of safety and suitability | 23 |
| of the placement and services required is not provided | 24 |
| through another compact.
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| 3. The interstate placement of any child by a public |
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| child placing agency or private child placing agency as | 2 |
| defined in this compact as a preliminary step to a possible | 3 |
| adoption.
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| B. The provisions of this compact shall not apply to:
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| 1. The interstate placement of a child with a | 6 |
| non-relative in a receiving state by a parent with the | 7 |
| legal authority to make such a placement provided, however, | 8 |
| that the placement is not intended to effectuate an | 9 |
| adoption.
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| 2. The interstate placement of a child by one relative | 11 |
| with the lawful authority to make such a placement directly | 12 |
| with a relative in a receiving state.
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| 3. The placement of a child, not subject to Article | 14 |
| III, Section A, into a residential facility by his parent.
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| 4. The placement of a child with a non-custodial parent | 16 |
| provided that:
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| a. The non-custodial parent proves to the | 18 |
| satisfaction of a court in the sending state a | 19 |
| substantial relationship with the child; and
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| b. The court in the sending state makes a written | 21 |
| finding that placement with the non-custodial parent | 22 |
| is in the best interests of the child; and
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| c. The court in the sending state dismisses its | 24 |
| jurisdiction over the child's case.
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| 5. A child entering the United States from a foreign | 26 |
| country for the purpose of adoption or leaving the United |
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| States to go to a foreign country for the purpose of | 2 |
| adoption in that country.
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| 6. Cases in which a U.S. citizen child living overseas | 4 |
| with his family, at least one of whom is in the U.S. Armed | 5 |
| Services, and who is stationed overseas, is removed and | 6 |
| placed in a state.
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| 7. The sending of a child by a public child placing | 8 |
| agency or a private child placing agency for a visit as | 9 |
| defined by the rules of the Interstate Commission.
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| C. For purposes of determining the applicability of this | 11 |
| compact to the placement of a child with a family in the Armed | 12 |
| Services, the public child placing agency or private child | 13 |
| placing agency may choose the state of the service member's | 14 |
| permanent duty station or the service member's declared legal | 15 |
| residence.
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| D. Nothing in this compact shall be construed to prohibit | 17 |
| the concurrent application of the provisions of this compact | 18 |
| with other applicable interstate compacts including the | 19 |
| Interstate Compact for Juveniles and the Interstate Compact on | 20 |
| Adoption and Medical Assistance. The Interstate Commission may | 21 |
| in cooperation with other interstate compact commissions | 22 |
| having responsibility for the interstate movement, placement | 23 |
| or transfer of children, promulgate like rules to ensure the | 24 |
| coordination of services, timely placement of children, and the | 25 |
| reduction of unnecessary or duplicative administrative or | 26 |
| procedural requirements.
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| ARTICLE IV. JURISDICTION
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| A. The sending state shall retain jurisdiction over a child | 3 |
| with respect to all matters of custody and disposition of the | 4 |
| child which it would have had if the child had remained in the | 5 |
| sending state. Such jurisdiction shall also include the power | 6 |
| to order the return of the child to the sending state.
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| B. When an issue of child protection or custody is brought | 8 |
| before a court in the receiving state, such court shall confer | 9 |
| with the court of the sending state to determine the most | 10 |
| appropriate forum for adjudication.
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| C. In accordance with its own laws, the court in the | 12 |
| sending state shall have authority to terminate its | 13 |
| jurisdiction if:
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| 1. The child is reunified with the parent in the | 15 |
| receiving state who is the subject of allegations or | 16 |
| findings of abuse or neglect, only with the concurrence of | 17 |
| the public child placing agency in the receiving state; or
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| 2. The child is adopted; or
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| 3. The child reaches the age of majority under the laws | 20 |
| of the sending state; or
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| 4. The child achieves legal independence pursuant to | 22 |
| the laws of the sending state; or
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| 5. A guardianship is created by a court in the | 24 |
| receiving state with the concurrence of the court in the | 25 |
| sending state; or
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| 6. An Indian tribe has petitioned for and received | 2 |
| jurisdiction from the court in the sending state; or
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| 7. The public child placing agency of the sending state | 4 |
| requests termination and has obtained the concurrence of | 5 |
| the public child placing agency in the receiving state.
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| D. When a sending state court terminates its jurisdiction, | 7 |
| the receiving state child placing agency shall be notified.
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| E. Nothing in this article shall defeat a claim of | 9 |
| jurisdiction by a receiving state court sufficient to deal with | 10 |
| an act of truancy, delinquency, crime or behavior involving a | 11 |
| child as defined by the laws of the receiving state committed | 12 |
| by the child in the receiving state which would be a violation | 13 |
| of its laws.
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| F. Nothing in this article shall limit the receiving | 15 |
| state's ability to take emergency jurisdiction for the | 16 |
| protection of the child. | 17 |
| ARTICLE V. ASSESSMENTS | 18 |
| A. Prior to sending, bringing, or causing a child to be | 19 |
| sent or brought into a receiving state, the public child | 20 |
| placing agency shall provide a written request for assessment | 21 |
| to the receiving state.
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| B. Prior to the sending, bringing, or causing a child to be | 23 |
| sent or brought into a receiving state, the private child | 24 |
| placing agency shall: | 25 |
| 1. Provide evidence that the applicable laws of the |
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| sending state have been complied with; and
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| 2. Certification that the consent or relinquishment is | 3 |
| in compliance with applicable law of the birth parent's | 4 |
| state of residence or, where permitted, the laws of the | 5 |
| state of where the finalization of the adoption will occur; | 6 |
| and
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| 3. Request through the public child placing agency in | 8 |
| the sending state
an assessment to be conducted in the | 9 |
| receiving state; and
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| 4. Upon completion of the assessment, obtain the | 11 |
| approval of the public child placing agency in the | 12 |
| receiving state.
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| C. The procedures for making and the request for an | 14 |
| assessment shall contain all information and be in such form as | 15 |
| provided for in the rules of the Interstate Commission.
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| D. Upon receipt of a request from the public child welfare | 17 |
| agency of the sending state, the receiving state shall initiate | 18 |
| an assessment of the proposed placement to determine its safety | 19 |
| and suitability. If the proposed placement is a placement with | 20 |
| a relative, the public child placing agency of the sending | 21 |
| state may request a determination of whether the placement | 22 |
| qualifies as a provisional placement.
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| E. The public child placing agency in the receiving state | 24 |
| may request from the public child placing agency or the private | 25 |
| child placing agency in the sending state, and shall be | 26 |
| entitled to receive supporting or additional information |
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| necessary to complete the assessment.
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| F. The public child placing agency in the receiving state | 3 |
| shall complete or arrange for the completion of the assessment | 4 |
| within the timeframes established by the rules of the | 5 |
| Interstate Commission.
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| G. The Interstate Commission may develop uniform standards | 7 |
| for the assessment of the safety and suitability of interstate | 8 |
| placements.
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| ARTICLE VI. PLACEMENT AUTHORITY
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| A. Except as provided in Article VI, Section C, no child | 11 |
| subject to this compact shall be placed into a receiving state | 12 |
| until approval for such placement is obtained.
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| B. If the public child placing agency in the receiving | 14 |
| state does not approve the proposed placement then the child | 15 |
| shall not be placed. The receiving state shall provide written | 16 |
| documentation of any such determination in accordance with the | 17 |
| rules promulgated by the Interstate Commission. Such | 18 |
| determination is not subject to judicial review in the sending | 19 |
| state.
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| C. If the proposed placement is not approved, any | 21 |
| interested party shall have standing to seek an administrative | 22 |
| review of the receiving state's determination.
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| 1. The administrative review and any further judicial | 24 |
| review associated with the determination shall be | 25 |
| conducted in the receiving state pursuant to its applicable |
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| administrative procedures.
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| 2. If a determination not to approve the placement of | 3 |
| the child in the receiving state is overturned upon review, | 4 |
| the placement shall be deemed approved, provided however | 5 |
| that all administrative or judicial remedies have been | 6 |
| exhausted or the time for such remedies has passed.
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| ARTICLE VII. STATE RESPONSIBILITY | 8 |
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A. For the interstate placement of a child made by a | 9 |
| public child placing agency or state court:
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| 1. The public child placing agency in the sending state | 11 |
| shall have financial responsibility for:
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| a. the ongoing support and maintenance for the | 13 |
| child during the period of the placement, unless | 14 |
| otherwise provided for in the receiving state; and
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| b. as determined by the public child placing agency | 16 |
| in the sending state, services for the child beyond the | 17 |
| public services for which the child is eligible in the | 18 |
| receiving state.
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| 2. The receiving state shall only have financial | 20 |
| responsibility for:
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| a. any assessment conducted by the receiving | 22 |
| state; and
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| b. supervision conducted by the receiving state at | 24 |
| the level necessary to support the placement as agreed | 25 |
| upon by the public child placing agencies of the |
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| receiving and sending state.
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| 3. Nothing in this provision shall prohibit public | 3 |
| child placing agencies in the sending state from entering | 4 |
| into agreements with licensed agencies or persons in the | 5 |
| receiving state to conduct assessments and provide | 6 |
| supervision.
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| B. For the placement of a child by a private child placing | 8 |
| agency preliminary to a possible adoption, the private child | 9 |
| placing agency shall be:
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| 1. Legally responsible for the child during the period | 11 |
| of placement as provided for in the law of the sending | 12 |
| state until the finalization of the adoption.
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| 2. Financially responsible for the child absent a | 14 |
| contractual agreement to the contrary.
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| C. A private child placing agency shall be responsible for | 16 |
| any assessment conducted in the receiving state and any | 17 |
| supervision conducted by the receiving state at the level | 18 |
| required by the laws of the receiving state or the rules of the | 19 |
| Interstate Commission.
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| D. The public child placing agency in the receiving state | 21 |
| shall provide timely assessments, as provided for in the rules | 22 |
| of the Interstate Commission.
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| E. The public child placing agency in the receiving state | 24 |
| shall provide, or arrange for the provision of, supervision and | 25 |
| services for the child, including timely reports, during the | 26 |
| period of the placement.
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| F. Nothing in this compact shall be construed as to limit | 2 |
| the authority of the public child placing agency in the | 3 |
| receiving state from contracting with a licensed agency or | 4 |
| person in the receiving state for an assessment or the | 5 |
| provision of supervision or services for the child or otherwise | 6 |
| authorizing the provision of supervision or services by a | 7 |
| licensed agency during the period of placement.
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| G. Each member state shall provide for coordination among | 9 |
| its branches of government concerning the state's | 10 |
| participation in, and compliance with, the compact and | 11 |
| Interstate Commission activities, through the creation of an | 12 |
| advisory council or use of an existing body or board.
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| H. Each member state shall establish a central state | 14 |
| compact office, which shall be responsible for state compliance | 15 |
| with the compact and the rules of the Interstate Commission.
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| I. The public child placing agency in the sending state | 17 |
| shall oversee compliance with the provisions of the Indian | 18 |
| Child Welfare Act (25 USC 1901 et seq.) for placements subject | 19 |
| to the provisions of this compact, prior to placement.
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| J. With the consent of the Interstate Commission, states | 21 |
| may enter into limited agreements that facilitate the timely | 22 |
| assessment and provision of services and supervision of | 23 |
| placements under this compact.
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| ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF | 25 |
| CHILDREN
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| The member states hereby establish, by way of this compact, | 2 |
| a commission known as the "Interstate Commission for the | 3 |
| Placement of Children." The activities of the Interstate | 4 |
| Commission are the formation of public policy and are a | 5 |
| discretionary state function. The Interstate Commission shall:
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| A. Be a joint commission of the member states and shall | 7 |
| have the responsibilities, powers and duties set forth | 8 |
| herein, and such additional powers as may be conferred upon | 9 |
| it by subsequent concurrent action of the respective | 10 |
| legislatures of the member states.
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| B. Consist of one commissioner from each member state | 12 |
| who shall be appointed by the executive head of the state | 13 |
| human services administration with ultimate responsibility | 14 |
| for the child welfare program. The appointed commissioner | 15 |
| shall have the legal authority to vote on policy related | 16 |
| matters governed by this compact binding the state.
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| 1. Each member state represented at a meeting of | 18 |
| the Interstate Commission is entitled to one vote.
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| 2. A majority of the member states shall constitute | 20 |
| a quorum for the transaction of business, unless a | 21 |
| larger quorum is required by the bylaws of the | 22 |
| Interstate Commission.
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| 3. A representative shall not delegate a vote to | 24 |
| another member state.
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| 4. A representative may delegate voting authority | 26 |
| to another person from their state for a specified |
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| meeting.
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| C. In addition to the commissioners of each member | 3 |
| state, the Interstate Commission shall include persons who | 4 |
| are members of interested organizations as defined in the | 5 |
| bylaws or rules of the Interstate Commission. Such members | 6 |
| shall be ex officio and shall not be entitled to vote on | 7 |
| any matter before the Interstate Commission.
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| D. Establish an executive committee which shall have | 9 |
| the authority to administer the day-to-day operations and | 10 |
| administration of the Interstate Commission. It shall not | 11 |
| have the power to engage in rulemaking.
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| ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
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| The Interstate Commission shall have the following powers:
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| A. To promulgate rules and take all necessary actions | 15 |
| to effect the goals, purposes and obligations as enumerated | 16 |
| in this compact.
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| B. To provide for dispute resolution among member | 18 |
| states.
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| C. To issue, upon request of a member state, advisory | 20 |
| opinions concerning the meaning or interpretation of the | 21 |
| interstate compact, its bylaws, rules or actions.
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| D. To enforce compliance with this compact or the | 23 |
| bylaws or rules of the Interstate Commission pursuant to | 24 |
| Article XII.
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| E. Collect standardized data concerning the interstate |
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| 1 |
| placement of children subject to this compact as directed | 2 |
| through its rules which shall specify the data to be | 3 |
| collected, the means of collection and data exchange and | 4 |
| reporting requirements.
| 5 |
| F. To establish and maintain offices as may be | 6 |
| necessary for the transacting of its business.
| 7 |
| G. To purchase and maintain insurance and bonds.
| 8 |
| H. To hire or contract for services of personnel or | 9 |
| consultants as necessary to carry out its functions under | 10 |
| the compact and establish personnel qualification | 11 |
| policies, and rates of compensation.
| 12 |
| I. To establish and appoint committees and officers | 13 |
| including, but not limited to, an executive committee as | 14 |
| required by Article X.
| 15 |
| J. To accept any and all donations and grants of money, | 16 |
| equipment, supplies, materials, and services, and to | 17 |
| receive, utilize, and dispose thereof.
| 18 |
| K. To lease, purchase, accept contributions or | 19 |
| donations of, or otherwise to own, hold, improve or use any | 20 |
| property, real, personal, or mixed.
| 21 |
| L. To sell, convey, mortgage, pledge, lease, exchange, | 22 |
| abandon, or otherwise dispose of any property, real, | 23 |
| personal or mixed.
| 24 |
| M. To establish a budget and make expenditures.
| 25 |
| N. To adopt a seal and bylaws governing the management | 26 |
| and operation of the Interstate Commission.
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| O. To report annually to the legislatures, governors, | 2 |
| the judiciary, and state advisory councils of the member | 3 |
| states concerning the activities of the Interstate | 4 |
| Commission during the preceding year. Such reports shall | 5 |
| also include any recommendations that may have been adopted | 6 |
| by the Interstate Commission.
| 7 |
| P. To coordinate and provide education, training and | 8 |
| public awareness regarding the interstate movement of | 9 |
| children for officials involved in such activity.
| 10 |
| Q. To maintain books and records in accordance with the | 11 |
| bylaws of the Interstate Commission.
| 12 |
| R. To perform such functions as may be necessary or | 13 |
| appropriate to achieve the purposes of this compact. | 14 |
| ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE | 15 |
| COMMISSION
| 16 |
| A. Bylaws
| 17 |
| 1. Within 12 months after the first Interstate | 18 |
| Commission meeting, the Interstate Commission shall adopt | 19 |
| bylaws to govern its conduct as may be necessary or | 20 |
| appropriate to carry out the purposes of the compact.
| 21 |
| 2. The Interstate Commission's bylaws and rules shall | 22 |
| establish conditions and procedures under which the | 23 |
| Interstate Commission shall make its information and | 24 |
| official records available to the public for inspection or | 25 |
| copying. The Interstate Commission may exempt from |
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|
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| 1 |
| disclosure information or official records to the extent | 2 |
| they would adversely affect personal privacy rights or | 3 |
| proprietary interests.
| 4 |
| B. Meetings
| 5 |
| 1. The Interstate Commission shall meet at least once | 6 |
| each calendar year. The chairperson may call additional | 7 |
| meetings and, upon the request of a simple majority of the | 8 |
| member states shall call additional meetings.
| 9 |
| 2. Public notice shall be given by the Interstate | 10 |
| Commission of all meetings and all meetings shall be open | 11 |
| to the public, except as set forth in the rules or as | 12 |
| otherwise provided in the compact. The Interstate | 13 |
| Commission and its committees may close a meeting, or | 14 |
| portion thereof, where it determines by two-thirds vote | 15 |
| that an open meeting would be likely to:
| 16 |
| a. relate solely to the Interstate Commission's | 17 |
| internal personnel practices and procedures; or
| 18 |
| b. disclose matters specifically exempted from | 19 |
| disclosure by federal law; or
| 20 |
| c. disclose financial or commercial information | 21 |
| which is privileged, proprietary or confidential in | 22 |
| nature; or
| 23 |
| d. involve accusing a person of a crime, or | 24 |
| formally censuring a person; or
| 25 |
| e. disclose information of a personal nature where | 26 |
| disclosure would constitute a clearly unwarranted |
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|
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| 1 |
| invasion of personal privacy or physically endanger | 2 |
| one or more persons; or
| 3 |
| f. disclose investigative records compiled for law | 4 |
| enforcement purposes; or
| 5 |
| g. specifically relate to the Interstate | 6 |
| Commission's participation in a civil action or other | 7 |
| legal proceeding.
| 8 |
| 3. For a meeting, or portion of a meeting, closed | 9 |
| pursuant to this provision, the Interstate Commission's | 10 |
| legal counsel or designee shall certify that the meeting | 11 |
| may be closed and shall reference each relevant exemption | 12 |
| provision. The Interstate Commission shall keep minutes | 13 |
| which shall fully and clearly describe all matters | 14 |
| discussed in a meeting and shall provide a full and | 15 |
| accurate summary of actions taken, and the reasons | 16 |
| therefore, including a description of the views expressed | 17 |
| and the record of a roll call vote. All documents | 18 |
| considered in connection with an action shall be identified | 19 |
| in such minutes. All minutes and documents of a closed | 20 |
| meeting shall remain under seal, subject to release by a | 21 |
| majority vote of the Interstate Commission or by court | 22 |
| order.
| 23 |
| 4. The bylaws may provide for meetings of the | 24 |
| Interstate Commission to be conducted by telecommunication | 25 |
| or other electronic communication.
| 26 |
| C. Officers and Staff
|
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| 1. The Interstate Commission may, through its | 2 |
| executive committee, appoint or retain a staff director for | 3 |
| such period, upon such terms and conditions and for such | 4 |
| compensation as the Interstate Commission may deem | 5 |
| appropriate. The staff director shall serve as secretary to | 6 |
| the Interstate Commission, but shall not have a vote. The | 7 |
| staff director may hire and supervise such other staff as | 8 |
| may be authorized by the Interstate Commission.
| 9 |
| 2. The Interstate Commission shall elect, from among | 10 |
| its members, a chairperson and a vice chairperson of the | 11 |
| executive committee and other necessary officers, each of | 12 |
| whom shall have such authority and duties as may be | 13 |
| specified in the bylaws.
| 14 |
| D. Qualified Immunity, Defense and Indemnification
| 15 |
| 1. The Interstate Commission's staff director and its | 16 |
| employees shall be immune from suit and liability, either | 17 |
| personally or in their official capacity, for a claim for | 18 |
| damage to or loss of property or personal injury or other | 19 |
| civil liability caused or arising out of or relating to an | 20 |
| actual or alleged act, error, or omission that occurred, or | 21 |
| that such person had a reasonable basis for believing | 22 |
| occurred within the scope of Commission employment, | 23 |
| duties, or responsibilities; provided, that such person | 24 |
| shall not be protected from suit or liability for damage, | 25 |
| loss, injury, or liability caused by a criminal act or the | 26 |
| intentional or willful and wanton misconduct of such |
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|
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| 1 |
| person.
| 2 |
| a. The liability of the Interstate Commission's | 3 |
| staff director and employees or Interstate Commission | 4 |
| representatives, acting within the scope of such | 5 |
| person's employment or duties for acts, errors, or | 6 |
| omissions occurring within such person's state may not | 7 |
| exceed the limits of liability set forth under the | 8 |
| Constitution and laws of that state for state | 9 |
| officials, employees, and agents. The Interstate | 10 |
| Commission is considered to be an instrumentality of | 11 |
| the states for the purposes of any such action. Nothing | 12 |
| in this subsection shall be construed to protect such | 13 |
| person from suit or liability for damage, loss, injury, | 14 |
| or liability caused by a criminal act or the | 15 |
| intentional or willful and wanton misconduct of such | 16 |
| person.
| 17 |
| b. The Interstate Commission shall defend the | 18 |
| staff director and its employees and, subject to the | 19 |
| approval of the Attorney General or other appropriate | 20 |
| legal counsel of the member state shall defend the | 21 |
| commissioner of a member state in a civil action | 22 |
| seeking to impose liability arising out of an actual or | 23 |
| alleged act, error or omission that occurred within the | 24 |
| scope of Interstate Commission employment, duties or | 25 |
| responsibilities, or that the defendant had a | 26 |
| reasonable basis for believing occurred within the |
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|
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| 1 |
| scope of Interstate Commission employment, duties, or | 2 |
| responsibilities, provided that the actual or alleged | 3 |
| act, error, or omission did not result from intentional | 4 |
| or willful and wanton misconduct on the part of such | 5 |
| person.
| 6 |
| c. To the extent not covered by the state involved, | 7 |
| member state, or the Interstate Commission, the | 8 |
| representatives or employees of the Interstate | 9 |
| Commission shall be held harmless in the amount of a | 10 |
| settlement or judgment, including attorney's fees and | 11 |
| costs, obtained against such persons arising out of an | 12 |
| actual or alleged act, error, or omission that occurred | 13 |
| within the scope of Interstate Commission employment, | 14 |
| duties, or responsibilities, or that such persons had a | 15 |
| reasonable basis for believing occurred within the | 16 |
| scope of Interstate Commission employment, duties, or | 17 |
| responsibilities, provided that the actual or alleged | 18 |
| act, error, or omission did not result from intentional | 19 |
| or willful and wanton misconduct on the part of such | 20 |
| persons.
| 21 |
| ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION | 22 |
| A. The Interstate Commission shall promulgate and publish | 23 |
| rules in order to effectively and efficiently achieve the | 24 |
| purposes of the compact.
| 25 |
| B. Rulemaking shall occur pursuant to the criteria set |
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|
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| 1 |
| forth in this article and the bylaws and rules adopted pursuant | 2 |
| thereto. Such rulemaking shall substantially conform to the | 3 |
| principles of the "Model State Administrative Procedures Act," | 4 |
| 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such | 5 |
| other administrative procedure acts as the Interstate | 6 |
| Commission deems appropriate consistent with due process | 7 |
| requirements under the United States Constitution as now or | 8 |
| hereafter interpreted by the U. S. Supreme Court. All rules and | 9 |
| amendments shall become binding as of the date specified, as | 10 |
| published with the final version of the rule as approved by the | 11 |
| Interstate Commission.
| 12 |
| C. When promulgating a rule, the Interstate Commission | 13 |
| shall, at a minimum:
| 14 |
| 1. Publish the proposed rule's entire text stating the | 15 |
| reason(s) for that proposed rule; and
| 16 |
| 2. Allow and invite any and all persons to submit | 17 |
| written data, facts, opinions and arguments, which | 18 |
| information shall be added to the record, and be made | 19 |
| publicly available; and
| 20 |
| 3. Promulgate a final rule and its effective date, if | 21 |
| appropriate, based on input from state or local officials, | 22 |
| or interested parties.
| 23 |
| D. Rules promulgated by the Interstate Commission shall | 24 |
| have the force and effect of statutory law and shall supersede | 25 |
| any state law, rule or regulation to the extent of any | 26 |
| conflict.
|
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| E. Not later than 60 days after a rule is promulgated, an | 2 |
| interested person may file a petition in the U.S. District | 3 |
| Court for the District of Columbia or in the Federal District | 4 |
| Court where the Interstate Commission's principal office is | 5 |
| located for judicial review of such rule. If the court finds | 6 |
| that the Interstate Commission's action is not supported by | 7 |
| substantial evidence in the rulemaking record, the court shall | 8 |
| hold the rule unlawful and set it aside.
| 9 |
| F. If a majority of the legislatures of the member states | 10 |
| rejects a rule, those states may by enactment of a statute or | 11 |
| resolution in the same manner used to adopt the compact cause | 12 |
| that such rule shall have no further force and effect in any | 13 |
| member state.
| 14 |
| G. The existing rules governing the operation of the | 15 |
| Interstate Compact on the Placement of Children superseded by | 16 |
| this act shall be null and void no less than 12, but no more | 17 |
| than 24 months after the first meeting of the Interstate | 18 |
| Commission created hereunder, as determined by the members | 19 |
| during the first meeting.
| 20 |
| H. Within the first 12 months of operation, the Interstate | 21 |
| Commission shall promulgate rules addressing the following:
| 22 |
| 1. Transition rules
| 23 |
| 2. Forms and procedures
| 24 |
| 3. Time lines
| 25 |
| 4. Data collection and reporting
| 26 |
| 5. Rulemaking
|
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|
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| 1 |
| 6. Visitation
| 2 |
| 7. Progress reports/supervision
| 3 |
| 8. Sharing of information/confidentiality
| 4 |
| 9. Financing of the Interstate Commission
| 5 |
| 10. Mediation, arbitration and dispute resolution
| 6 |
| 11. Education, training and technical assistance
| 7 |
| 12. Enforcement
| 8 |
| 13. Coordination with other interstate compacts.
| 9 |
| I. Upon determination by a majority of the members of the | 10 |
| Interstate Commission that an emergency exists:
| 11 |
| 1. The Interstate Commission may promulgate an | 12 |
| emergency rule only if it is required to:
| 13 |
| a. Protect the children covered by this compact | 14 |
| from an imminent threat to their health, safety and | 15 |
| well-being; or
| 16 |
| b. Prevent loss of federal or state funds; or
| 17 |
| c. Meet a deadline for the promulgation of an | 18 |
| administrative rule required by federal law.
| 19 |
| 2. An emergency rule shall become effective | 20 |
| immediately upon adoption, provided that the usual | 21 |
| rulemaking procedures provided hereunder shall be | 22 |
| retroactively applied to said rule as soon as reasonably | 23 |
| possible, but no later than 90 days after the effective | 24 |
| date of the emergency rule.
| 25 |
| 3. An emergency rule shall be promulgated as provided | 26 |
| for in the rules of the Interstate Commission.
|
|
|
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| 1 |
| ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT | 2 |
| A. Oversight
| 3 |
| 1. The Interstate Commission shall oversee the | 4 |
| administration and operation of the compact.
| 5 |
| 2. The executive, legislative and judicial branches of | 6 |
| state government in each member state shall enforce this | 7 |
| compact and the rules of the Interstate Commission and | 8 |
| shall take all actions necessary and appropriate to | 9 |
| effectuate the compact's purposes and intent. The compact | 10 |
| and its rules shall supercede state law, rules or | 11 |
| regulations to the extent of any conflict therewith.
| 12 |
| 3. All courts shall take judicial notice of the compact | 13 |
| and the rules in any judicial or administrative proceeding | 14 |
| in a member state pertaining to the subject matter of this | 15 |
| compact.
| 16 |
| 4. The Interstate Commission shall be entitled to | 17 |
| receive service of process in any action in which the | 18 |
| validity of a compact provision or rule is the issue for | 19 |
| which a judicial determination has been sought and shall | 20 |
| have standing to intervene in any proceedings. Failure to | 21 |
| provide service of process to the Interstate Commission | 22 |
| shall render any judgment, order or other determination, | 23 |
| however so captioned or classified, void as to the | 24 |
| Interstate Commission, this compact, its bylaws or rules of | 25 |
| the Interstate Commission.
|
|
|
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| 1 |
| B. Dispute Resolution
| 2 |
| 1. The Interstate Commission shall attempt, upon the | 3 |
| request of a member state, to resolve disputes which are | 4 |
| subject to the compact and which may arise among member | 5 |
| states and between member and non-member states.
| 6 |
| 2. The Interstate Commission shall promulgate a rule | 7 |
| providing for both mediation and binding dispute | 8 |
| resolution for disputes among compacting states. The costs | 9 |
| of such mediation or dispute resolution shall be the | 10 |
| responsibility of the parties to the dispute.
| 11 |
| C. Enforcement
| 12 |
| 1. If the Interstate Commission determines that a | 13 |
| member state has defaulted in the performance of its | 14 |
| obligations or responsibilities under this compact, its | 15 |
| bylaws or rules, the Interstate Commission may:
| 16 |
| a. Provide remedial training and specific | 17 |
| technical assistance; or
| 18 |
| b. Provide written notice to the defaulting state | 19 |
| and other member states, of the nature of the default | 20 |
| and the means of curing the default. The Interstate | 21 |
| Commission shall specify the conditions by which the | 22 |
| defaulting state must cure its default; or
| 23 |
| c. By majority vote of the members, initiate | 24 |
| against a defaulting member state legal action in the | 25 |
| United State District Court for the District of | 26 |
| Columbia or, at the discretion of the Interstate |
|
|
|
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| 1 |
| Commission, in the federal district where the | 2 |
| Interstate Commission has its principal office, to | 3 |
| enforce compliance with the provisions of the compact, | 4 |
| its bylaws or rules. The relief sought may include both | 5 |
| injunctive relief and damages. In the event judicial | 6 |
| enforcement is necessary the prevailing party shall be | 7 |
| awarded all costs of such litigation including | 8 |
| reasonable attorney's fees; or
| 9 |
| d. Avail itself of any other remedies available | 10 |
| under state law or the regulation of official or | 11 |
| professional conduct.
| 12 |
| ARTICLE XIII. FINANCING OF THE COMMISSION
| 13 |
| A. The Interstate Commission shall pay, or provide for the | 14 |
| payment of the reasonable expenses of its establishment, | 15 |
| organization and ongoing activities.
| 16 |
| B. The Interstate Commission may levy on and collect an | 17 |
| annual assessment from each member state to cover the cost of | 18 |
| the operations and activities of the Interstate Commission and | 19 |
| its staff which must be in a total amount sufficient to cover | 20 |
| the Interstate Commission's annual budget as approved by its | 21 |
| members each year. The aggregate annual assessment amount shall | 22 |
| be allocated based upon a formula to be determined by the | 23 |
| Interstate Commission which shall promulgate a rule binding | 24 |
| upon all member states.
| 25 |
| C. The Interstate Commission shall not incur obligations of |
|
|
|
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| 1 |
| any kind prior to securing the funds adequate to meet the same; | 2 |
| nor shall the Interstate Commission pledge the credit of any of | 3 |
| the member states, except by and with the authority of the | 4 |
| member state.
| 5 |
| D. The Interstate Commission shall keep accurate accounts | 6 |
| of all receipts and disbursements. The receipts and | 7 |
| disbursements of the Interstate Commission shall be subject to | 8 |
| the audit and accounting procedures established under its | 9 |
| bylaws. However, all receipts and disbursements of funds | 10 |
| handled by the Interstate Commission shall be audited yearly by | 11 |
| a certified or licensed public accountant and the report of the | 12 |
| audit shall be included in and become part of the annual report | 13 |
| of the Interstate Commission.
| 14 |
| ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
| 15 |
| A. Any state is eligible to become a member state.
| 16 |
| B. The compact shall become effective and binding upon | 17 |
| legislative enactment of the compact into law by no less than | 18 |
| 35 states. The effective date shall be the later of July 1, | 19 |
| 2007 or upon enactment of the compact into law by the 35th | 20 |
| state. Thereafter it shall become effective and binding as to | 21 |
| any other member state upon enactment of the compact into law | 22 |
| by that state. The executive heads of the state human services | 23 |
| administration with ultimate responsibility for the child | 24 |
| welfare program of non-member states or their designees shall | 25 |
| be invited to participate in the activities of the Interstate |
|
|
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| 1 |
| Commission on a non-voting basis prior to adoption of the | 2 |
| compact by all states.
| 3 |
| C. The Interstate Commission may propose amendments to the | 4 |
| compact for enactment by the member states. No amendment shall | 5 |
| become effective and binding on the member states unless and | 6 |
| until it is enacted into law by unanimous consent of the member | 7 |
| states.
| 8 |
| ARTICLE XV. WITHDRAWAL AND DISSOLUTION
| 9 |
| A. Withdrawal
| 10 |
| 1. Once effective, the compact shall continue in force | 11 |
| and remain binding upon each and every member state; | 12 |
| provided that a member state may withdraw from the compact | 13 |
| specifically repealing the statute which enacted the | 14 |
| compact into law.
| 15 |
| 2. Withdrawal from this compact shall be by the | 16 |
| enactment of a statute repealing the same. The effective | 17 |
| date of withdrawal shall be the effective date of the | 18 |
| repeal of the statute.
| 19 |
| 3. The withdrawing state shall immediately notify the | 20 |
| president of the Interstate Commission in writing upon the | 21 |
| introduction of legislation repealing this compact in the | 22 |
| withdrawing state. The Interstate Commission shall then | 23 |
| notify the other member states of the withdrawing state's | 24 |
| intent to withdraw.
| 25 |
| 4. The withdrawing state is responsible for all |
|
|
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| 1 |
| assessments, obligations and liabilities incurred through | 2 |
| the effective date of withdrawal.
| 3 |
| 5. Reinstatement following withdrawal of a member | 4 |
| state shall occur upon the withdrawing state reenacting the | 5 |
| compact or upon such later date as determined by the | 6 |
| members of the Interstate Commission.
| 7 |
| B. Dissolution of Compact
| 8 |
| 1. This compact shall dissolve effective upon the date | 9 |
| of the withdrawal or default of the member state which | 10 |
| reduces the membership in the compact to one member state.
| 11 |
| 2. Upon the dissolution of this compact, the compact | 12 |
| becomes null and void and shall be of no further force or | 13 |
| effect, and the business and affairs of the Interstate | 14 |
| Commission shall be concluded and surplus funds shall be | 15 |
| distributed in accordance with the bylaws.
| 16 |
| ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
| 17 |
| A. The provisions of this compact shall be severable, and | 18 |
| if any phrase, clause, sentence or provision is deemed | 19 |
| unenforceable, the remaining provisions of the compact shall be | 20 |
| enforceable.
| 21 |
| B. The provisions of this compact shall be liberally | 22 |
| construed to effectuate its purposes.
| 23 |
| C. Nothing in this compact shall be construed to prohibit | 24 |
| the concurrent applicability of other interstate compacts to | 25 |
| which the states are members.
|
|
|
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| 1 |
| ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
| 2 |
| A. Other Laws
| 3 |
| 1. Nothing herein prevents the enforcement of any other | 4 |
| law of a member state that is not inconsistent with this | 5 |
| compact.
| 6 |
| 2. All member states' laws conflicting with this | 7 |
| compact or its rules are superseded to the extent of the | 8 |
| conflict.
| 9 |
| B. Binding Effect of the Compact
| 10 |
| 1. All lawful actions of the Interstate Commission, | 11 |
| including all rules and bylaws promulgated by the | 12 |
| Interstate Commission, are binding upon the member states.
| 13 |
| 2. All agreements between the Interstate Commission | 14 |
| and the member states are binding in accordance with their | 15 |
| terms.
| 16 |
| 3. In the event any provision of this compact exceeds | 17 |
| the constitutional limits imposed on the legislature of any | 18 |
| member state, such provision shall be ineffective to the | 19 |
| extent of the conflict with the constitutional provision in | 20 |
| question in that member state. | 21 |
| ARTICLE XVIII. INDIAN TRIBES
| 22 |
| Notwithstanding any other provision in this compact, the | 23 |
| Interstate Commission may promulgate guidelines to permit | 24 |
| Indian tribes to utilize the compact to achieve any or all of |
|
|
|
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| 1 |
| the purposes of the compact as specified in Article I. The | 2 |
| Interstate Commission shall make reasonable efforts to consult | 3 |
| with Indian tribes in promulgating guidelines to reflect the | 4 |
| diverse circumstances of the various Indian tribes.". | 5 |
| Section 10. Enforcement. The agencies and officers of this | 6 |
| State and its subdivisions shall enforce this compact and do | 7 |
| all things appropriate to effect its purpose and intent that | 8 |
| may be within their respective jurisdictions.
| 9 |
| Section 90. The Interstate Compact on Placement of Children | 10 |
| Act is amended by adding Section 7.5 as follows: | 11 |
| (45 ILCS 15/7.5 new) | 12 |
| Sec. 7.5. Interstate Compact for the Placement of Children | 13 |
| Act of 2007. The Interstate Compact for the Placement of | 14 |
| Children under the Interstate Compact for Placement of Children | 15 |
| Act of 2007 is intended to be a revised version and | 16 |
| continuation of the Interstate Compact for the Placement of | 17 |
| Children under this Act. If the interstate compact set forth | 18 |
| under the
Interstate Compact for the Placement of Children Act | 19 |
| of 2007 becomes operative under the terms of that compact, then | 20 |
| the provisions of the compact under this Act remain in effect | 21 |
| and enforceable with respect to any actions undertaken prior to | 22 |
| the operative date of the compact set forth under the
| 23 |
| Interstate Compact for the Placement of Children Act of 2007. |
|
|
|
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| 1 |
| Actions undertaken on or after that operative date, however, | 2 |
| shall be governed by the interstate compact under the | 3 |
| Interstate Compact for the Placement of Children Act of 2007. | 4 |
| Section 99. Effective date. This Act takes effect upon | 5 |
| becoming law.
|
|