[ Editor's note: This version of part 18 is
effective until (see article IX of this compact and see � 24-60-1804 of the second
version of part 18) ] The governor is hereby authorized to execute a compact on
behalf of this state with any other state or states legally joining therein in the form
substantially as follows:
ARTICLE I
Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other
in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunity to
be placed in a suitable environment and with persons or institutions having
appropriate qualifications and facilities to provide a necessary and desirable
degree and type of care;
(b) The appropriate authorities in a state where a child is to be placed may
have full opportunity to ascertain the circumstances of the proposed placement,
thereby promoting full compliance with applicable requirements for the protection
of the child;
(c) The proper authorities of the state from which the placement is made
may obtain the most complete information on the basis of which to evaluate a
projected placement before it is made;
(d) Appropriate jurisdictional arrangements for the care of children will be
promoted.
ARTICLE II
Definitions
As used in this compact:
(a) Child means a person who, by reason of minority, is legally subject to
parental, guardianship or similar control;
(b) Sending agency means a party state, officer or employee thereof; a
subdivision of a party state, or officer or employee thereof; a court of a party state;
a person, corporation, association, charitable agency, or other entity which sends,
brings, or causes to be sent or brought any child to another party state;
(c) Receiving state means the state to which a child is sent, brought, or
caused to be sent or brought, whether by public authorities or private persons or
agencies, and whether for placement with state or local public authorities or for
placement with private agencies or persons;
(d) Placement means the arrangement for the care of a child in a family
free or boarding home or in a child-caring agency or institution but does not include
any institution caring for the mentally ill, mentally defective or epileptic or any
institution primarily educational in character, and any hospital or other medical
facility.
ARTICLE III
Conditions for Placement
(a) No sending agency shall send, bring, or cause to be sent or brought into
any other party state any child for placement in foster care or as a preliminary to a
possible adoption unless the sending agency shall comply with each and every
requirement set forth in this article and with the applicable laws of the receiving
state governing the placement of the children therein.
(b) Prior to sending, bringing, or causing any child to be sent or brought into
a receiving state for placement in foster care or as a preliminary to a possible
adoption, the sending agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring, or place the child in the
receiving state. The notice shall contain:
(1) The name, date, and place of birth of the child;
(2) The identity and address or addresses of the parents or legal guardian;
(3) The name and address of the person, agency or institution to or with
which the sending agency proposes to send, bring, or place the child;
(4) A full statement of the reasons for such proposed action and evidence of
the authority pursuant to which the placement is proposed to be made.
(c) Any public officer or agency in a receiving state which is in receipt of a
notice pursuant to paragraph (b) of this article may request of the sending agency,
or any other appropriate officer or agency of or in the sending agency's state, and
shall be entitled to receive therefrom, such supporting or additional information as
it may deem necessary under the circumstances to carry out the purpose and policy
of this compact.
(d) The child shall not be sent, brought, or caused to be sent or brought into
the receiving state until the appropriate public authorities in the receiving state
shall notify the sending agency, in writing, to the effect that the proposed
placement does not appear to be contrary to the interests of the child.
ARTICLE IV
Penalty for Illegal Placement
(a) The sending, bringing, or causing to be sent or brought into any receiving
state of a child in violation of the terms of this compact shall constitute a violation
of the laws respecting the placement of children of both the state in which the
sending agency is located or from which it sends or brings the child and of the
receiving state. Such violation may be punished or subjected to penalty in either
jurisdiction in accordance with its laws.
(b) In addition to liability for any such punishment or penalty, any such
violation shall constitute full and sufficient grounds for the suspension or
revocation of any license, permit, or other legal authorization held by the sending
agency which empowers or allows it to place, or care for children.
ARTICLE V
Retention of Jurisdiction
(a) The sending agency shall retain jurisdiction over the child sufficient to
determine all matters in relation to the custody, supervision, care, treatment and
disposition of the child which it would have had if the child had remained in the
sending agency's state, until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the
receiving state. Such jurisdiction shall also include the power to effect or cause the
return of the child or its transfer to another location and custody pursuant to law.
The sending agency shall continue to have financial responsibility for support and
maintenance of the child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with
an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into an
agreement with an authorized public or private agency in the receiving state
providing for the performance of one or more services in respect of such case by
the latter as agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitable
agency authorized to place children in the receiving state from performing services
or acting as agent in that state for a private charitable agency of the sending state,
nor to prevent the agency in the receiving state from discharging financial
responsibility for the support and maintenance of a child who has been placed on
behalf of the sending agency without relieving the responsibility set forth in
paragraph (a) hereof.
ARTICLE VI
Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another
party jurisdiction pursuant to this compact but no such placement shall be made
unless the child is given a court hearing on notice to the parent or guardian with
opportunity to be heard, prior to his being sent to such other party jurisdiction for
institutional care and the court finds that:
(1) Equivalent facilities for the child are not available in the sending agency's
jurisdiction; and
(2) Institutional care in the other jurisdiction is in the best interest of the
child and will not produce undue hardship.
ARTICLE VII
Compact Administrator
The executive head of each jurisdiction party to this compact shall designate
an officer who shall be general coordinator of activities under this compact in his
jurisdiction and who, acting jointly with like officers of other party jurisdictions,
shall have power to promulgate rules and regulations to carry out more effectively
the terms and provisions of this compact.
ARTICLE VIII
Limitations
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by his parent,
stepparent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian
and leaving the child with any such relative or nonagency guardian in the receiving
state;
(b) Any placement, sending, or bringing of a child into a receiving state
pursuant to any other interstate compact to which both the state from which the
child is sent or brought and the receiving state are party, or to any other agreement
between said states which has the force of law.
ARTICLE IX
Enactment and Withdrawal
This compact shall be open to joinder by any state, territory, or possession of
the United States, the District of Columbia, the Commonwealth of Puerto Rico, and,
with the consent of Congress, the Government of Canada or any province thereof. It
shall become effective with respect to any such jurisdiction when such jurisdiction
has enacted the same into law. Withdrawal from this compact shall be by the
enactment of a statute repealing the same, but shall not take effect until two years
after the effective date of such statute and until written notice of the withdrawal
has been given by the withdrawing state to the governor of each other party
jurisdiction. Withdrawal of a party state shall not affect the rights, duties and
obligations under this compact of any sending agency therein with respect to a
placement made prior to the effective date of withdrawal.
ARTICLE X
Construction and Severability
(a) The provisions of this compact shall be liberally construed to effectuate
the purposes thereof;
(b) The provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the applicability thereof to
any government, agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby;
(c) If this compact shall be held contrary to the constitution of any state
party thereto, the compact shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all severable
matters.