The interstate compact on the placement of children is hereby enacted into law and entered
into with all other jurisdictions legally joining therein in form substantially as follows:
1.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 wi
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The interstate compact on the placement of children is hereby enacted into law and entered
into with all other jurisdictions legally joining therein in form substantially as follows:
1. 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.
2. 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
homeorinachild-caringagencyorinstitution,butnotinaninstitutioncaringforthementally
ill, mentally defective, or epileptic, in an institution primarily educational in character, or in
a hospital or other medical facility.
3. Article III — Conditions for placement.
a. A sending agency shall not send, bring, or cause to be sent or brought into any other
party state a child for placement in foster care or as a preliminary to a possible adoption
unless the sending agency complies with every requirement set forth in this article and with
the applicable laws of the receiving state governing the placement of children in the receiving
state.
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) Thenameandaddressoftheperson,agencyorinstitutiontoorwithwhichthesending
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
officeroragencyoforinthesendingagency’sstate,andshallbeentitledtoreceivetherefrom,
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.
4. Article IV — Penalty for illegal placement. 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. 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.
5. 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.
6. 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 the child being sent to such other
party jurisdiction for institutional care and the court finds that:
a. Equivalent facilities for the child are not available in the sending agency’s jurisdiction;
and
b. Institutional care in the other jurisdiction is in the best interest of the child and will not
produce undue hardship.
7. 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 the officer’s 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.
8. Article VIII — Limitations. This compact shall not apply to:
a. Thesendingorbringingofachildintoareceivingstatebythechild’sparent,stepparent,
grandparent, adult brother or sister, adult uncle or aunt, or 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.
9. 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.
10. Article X — Construction and severability. The provisions of this compact shall be
liberally construed to effectuate the purposes thereof. 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. 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.