§ 31-28-6-1 — Enactment; provision

Indiana § 31-28-6-1

• Jurisdiction: Indiana
• Art. 28: CHILD SERVICES: FOSTER CARE AND
• Ch. 6: Interstate Compact for the Placement of Children

Text

Subject to IC 31-28-4-1.5, the interstate
compact for the placement of children is enacted into law under this
chapter and entered into with all other jurisdictions legally joining the
compact in a form consistent with the compact terms and provisions as
stated in this section in a form substantially as follows:
ARTICLE I. PURPOSE
The purpose of this interstate compact for the placement of children
is to do the following:
(1) Provide a process through which children subject to this
compact are placed in safe and suitable homes in a timely manner.
(2) Facilitate ongoing supervision of a placement, the delivery of
services, and communication between the states.
(3) Provide operating procedures that will ensure that children are
placed in safe and suitable homes in a timely manner.
(4) Provide for the adoption and enforcement of administrative
rules implementing the provisions of this compact and regulating
the covered activities of the member states.
(5) Provide for uniform data collection and information sharing
between member states under this compact.
(6) Promote coordination between this compact, the Interstate
Compact for Juveniles, the Interstate Compact on Adoption and
Medical Assistance, and other compacts that affect the placement
of and that provide services to children otherwise subject to this
compact.
(7) 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.
(8) 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
The following definitions apply throughout this compact:
(1) "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.
(2) "Assessment" means an evaluation of a prospective placement
by a public child placing agency in the receiving state to
determine whether 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 applicable to a placement
by a public child placing agency.
(3) "Certification" means to attest, declare, or swear to before a
judge or notary public.
(4) "Child" means an individual who is less than eighteen (18)
years of age.
(5) "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.
(6) "Home study" means an evaluation of a home environment
that is conducted in accordance with the applicable requirements
of the state in which the home is located and that 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.
(7) "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, 43 U.S.C. 1602(c).
(8) "Interstate commission for the placement of children" means
the commission that is created under Article VIII of this compact
and that is generally referred to as "the interstate commission".
(9) "Jurisdiction" means the power and authority of a court to hear
and decide matters.
(10) "Legal risk adoption" means a placement made preliminary
to an adoption in which 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.
(11) "Legal risk placement" means legal risk adoption.
(12) "Member state" means a state that has enacted this compact.
(13) "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.
(14) "Nonmember state" means a state that has not enacted this
compact.
(15) "Notice of residential placement" means information
regarding a placement into a residential facility that is provided
to the receiving state, including, but not limited to, the name of
the child, the 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. The term also includes
information regarding a discharge and any unauthorized absence
from the facility.
(16) "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.
(17) "Private child placing agency" means any private
corporation, agency, foundation, institution, or charitable
organization, or any private person or attorney, that facilitates,
causes, or is involved in the placement of a child from one (1)
state to another and that is not an instrumentality of the state or
acting under color of state law.
(18) "Provisional placement" means a determination made by the
public child placing agency in the receiving state that the
receiving state has determined 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 not to
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.
(19) "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 the
agency or entity acts on behalf of a state, county, municipality, or
other governmental unit, that facilitates, causes, or is involved in
the placement of a child from one (1) state to another.
(20) "Receiving state" means the state to which a child is sent,
brought, or caused to be sent or brought.
(21) "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.
(22) "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 that are primarily
educational in character, hospitals, or other medical facilities.
(23) "Rule" means a written directive, mandate, standard, or
principle that is issued by the interstate commission and
promulgated under Article XI of this compact, that is of general
applicability, and that implements, interprets, or prescribes a
policy or provision of the compact. A 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.
(24) "Sending state" means the state from which the placement of
a child is initiated.
(25) "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.
(26) "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.
(27) "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.
(28) "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
less than eighteen (18) years of age.
(29) "Supervision" means monitoring provided by the receiving
state once a child has been placed in a receiving state under this
compact.
ARTICLE III. APPLICABILITY
(a) Except as otherwise provided in subsection (b) of this article,
this compact applies to the following:
(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. However, the placement of such a
child into a residential facility requires only notice of residential
placement to the receiving state before 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 do not apply to the following:
(1) The interstate placement of a child in a custody proceeding in
which a public child placing agency is not a party, if 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. However, the placement is not intended to effectuate
an adoption.
(3) The interstate placement of a child by one (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 subsection (a) into a
residential facility by the child's parent.
(5) The placement of a child with a noncustodial parent if:
(A) the noncustodial parent proves to the satisfaction of a court
in the sending state a substantial relationship with the child;
(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 an
interstate placement in which the public child placing agency
is a party to the proceeding.
(6) A child entering the United States from a foreign country for
the purpose of adoption or leaving the United States to go to a
foreign country for the purpose of adoption in that country.
(7) Cases in which a United States citizen child living overseas
with the child's family, at least one (1) member of which is in the
United States armed services and 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 having a member in the United
States 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) This compact shall not 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, the timely placement of children,
and the reduction of unnecessary or duplicative administrative or
procedural requirements.
ARTICLE IV. JURISDICTION
(a) Except as provided in subsection (h) and ARTICLE V,
subsection (b)(2) and (b)(3), 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
retains 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. Jurisdiction also includes 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, the court shall confer with the court of the
sending state to determine the most appropriate forum for adjudication.
(c) In cases that are before a court and are subject to this compact,
the taking of testimony for hearings before any judicial officer may
occur in person, by telephone, by audio-video conference, or by other
means approved by the Interstate Commission. Judicial officers may
communicate with other judicial officers and persons involved in the
interstate process as permitted by the canons of judicial conduct and
any rules adopted 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 parent with whom the child is reunified in the receiving
state is the subject of allegations or findings of abuse or neglect,
but only with the concurrence of the public child placing agency
in the receiving state;
(2) the child is adopted;
(3) the child reaches the age of majority under the laws of the
sending state;
(4) the child achieves legal independence under the laws of the
sending state;
(5) a guardianship is created by a court in the receiving state with
the concurrence of the court in the sending state;
(6) an Indian tribe has petitioned for and received jurisdiction
from the court in the sending state; or
(7) the public child placing agency of the sending state requests
termination and has obtained the concurrence of the public child
placing agency in the receiving state.
(e) When a sending state court terminates its jurisdiction, the
receiving state child placing agency shall be notified.
(f) Nothing in this article shall defeat a claim of jurisdiction by a
receiving state court sufficient to deal with an act of truancy,
delinquency, crime, or behavior that involves a child as defined by the
laws of the receiving state, that is committed by the child in the
receiving state, and that would be a violation of the laws of the
receiving state.
(g) This article does not 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 has
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;
(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) Before 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 by both the sending state's and the
receiving state's public child placing agency. The required content to
accompany a request for approval shall include all of the following:
(1) A request for approval identifying the child, the birth
parent(s), the prospective adoptive parent(s), and the supervising
agency, signed by the person requesting approval.
(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.
(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.
(4) A home study.
(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 before 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 and has been 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, 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 a 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.
(d) The administrative review and any further judicial review
associated with the determination shall be conducted in the receiving
state under its applicable administrative procedures.
(e) If a determination not to approve the placement of the child in
the receiving state is overturned upon review, the placement shall be
considered approved. However, all administrative or judicial remedies
must be exhausted or the time for such remedies must have 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 have financial responsibility only for:
(A) any assessment conducted by the receiving state; and
(B) supervision conducted by the receiving state at the level
necessary to support the placement as agreed upon by the
public child placing agencies of the receiving and sending
states; and
(3) nothing in this provision prohibits 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; and
(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) This compact does not limit the authority of the public child
placing agency in the receiving state to contract 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 authorize 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, before 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:
(1) is 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;
(2) consists of one (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, and who shall have the legal authority to vote on
policy related matters governed by this compact binding the state;
(3) operates under:
(A) a requirement that each member state represented at a
meeting of the interstate commission is entitled to one (1) vote;
(B) a requirement that 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;
(C) a requirement that a representative shall not delegate a vote
to another member state;
(D) a requirement that a representative may delegate voting
authority to another person from the same member state for a
specified meeting; and
(E) a requirement that the interstate commission shall include,
in addition to the commissioners of each member state, persons
who are members of interested organizations as defined in the
bylaws or rules of the interstate commission and who shall be
ex officio and shall not be entitled to vote on any matter before
the interstate commission; and
(4) shall establish an executive committee, which shall have the
authority to administer the day to day operations and
administration of the interstate commission but does not have the
power to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE
COMMISSION
The interstate commission has powers to do the following:
(1) Promulgate rules and take all necessary actions to effect the
goals, purposes, and obligations as enumerated in this compact.
(2) Provide for dispute resolution among member states.
(3) Issue, upon request of a member state, advisory opinions
concerning the meaning or interpretation of the interstate compact
or the interstate commission's bylaws, rules, or actions.
(4) Enforce compliance with this compact or the bylaws or rules
of the interstate commission under Article XII.
(5) 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.
(6) Establish and maintain offices as may be necessary for the
transacting of its business.
(7) Purchase and maintain insurance and bonds.
(8) 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.
(9) Establish and appoint committees and officers, including, but
not limited to, an executive committee as required by Article X.
(10) Accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of the donations and grants.
(11) Lease, purchase, accept contributions or donations of, or
otherwise own, hold, improve, or use any property, whether real,
personal, or mixed.
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon, or
otherwise dispose of any property, whether real, personal, or
mixed.
(13) Establish a budget and make expenditures.
(14) Adopt a seal and bylaws governing the management and
operation of the interstate commission.
(15) Report annually to the legislatures, the governors, the
judiciary, and the 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.
(16) Coordinate and provide education, training, and public
awareness regarding the interstate movement of children for
officials involved in such activity.
(17) Maintain books and records in accordance with the bylaws
of the interstate commission.
(18) 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 twelve (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 this 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
part of a meeting, where it determines by two-thirds (2/3) vote
that an open meeting would be likely to:
(A) relate solely to the interstate commission's internal
personnel practices and procedures;
(B) disclose matters specifically exempted from disclosure by
federal law;
(C) disclose financial or commercial information that is
privileged, proprietary, or confidential in nature;
(D) involve accusing a person of a crime, or formally censuring
a person;
(E) disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
privacy or physically endanger one (1) or more persons;
(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 part of a meeting, closed under 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 that shall fully and clearly describe all matters
discussed in the meeting and shall provide a full and accurate
summary of actions taken and the reasons for the actions,
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 the 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 the employees
of the commission are immune from suit and liability, either
personally or in 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 any actual or alleged act, error, or
omission that occurred, or that the staff director or employee had
a reasonable basis for believing occurred, within the scope of
commission employment, duties, or responsibilities. The staff
director or an employee is not protected from suit or liability for
damage, loss, injury, or liability caused by a criminal act or
intentional or willful and wanton misconduct.
(2) The liability of the interstate commission's staff director and
employees or interstate commission representatives, acting within
the scope of such person's employment or duties, for acts, errors,
or omissions occurring within such person's state, may not exceed
the limits of liability set forth under the Constitution and laws of
that state for state officials, employees, and agents. The interstate
commission is considered to be an instrumentality of the states for
the purposes of any such action. Nothing in this subsection shall
be construed to protect such person from suit or liability for
damage, loss, injury, or liability caused by a criminal act or the
intentional or willful and wanton misconduct of such person.
(3) 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, if the actual or alleged act, error, or omission did
not result from intentional or willful and wanton misconduct on
the part of such person.
(4) 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 attorney's fees and costs,
obtained against such persons arising out of an actual or alleged
act, error, or omission that occurred within the scope of interstate
commission employment, duties, or responsibilities, or that such
persons had a reasonable basis for believing occurred within the
scope of interstate commission employment, duties, or
responsibilities, if the actual or alleged act, error, or omission did
not result from intentional or willful and wanton misconduct on
the part of such persons.
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 under 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 and consistent with due
process requirements under the United States Constitution as now or
hereafter interpreted by the United States 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 reasons for
that proposed rule;
(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 sixty (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 of the district 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) A majority of the legislatures of the member states may reject a
rule by enacting, in the same manner used to adopt the compact, a
statute or resolution that provides that the rule shall have no further
force and effect in any member state.
(g) The existing rules governing the operation of the interstate
compact on the placement of children that are superseded by this act
shall be null and void not less than twelve (12), but not more than
twenty-four (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 twelve (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 the emergency rule is required to:
(A) protect the children covered by this compact from an
imminent threat to their health, safety, and well-being;
(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 the rule as soon as
reasonably possible, but not later than ninety (90) days after the
effective date of the emergency rule; and
(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, or the 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 that are subject to the compact
and that 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;
(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;
(C) by majority vote of the members, initiate against a
defaulting member state legal action in the United States
District Court for the District of Columbia or, at the discretion
of the interstate commission, in the federal district where the
interstate commission has its principal office, to enforce
compliance with the provisions of the compact or with the
interstate commission's bylaws or rules. The relief sought may
include both injunctive relief and damages. If judicial
enforcement is necessary, the prevailing party shall be awarded
all costs of such litigation, including reasonable attorney's fees;
or
(D) avail itself of any other remedies available under state law
or the rules relating to 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
before securing the funds adequate to meet the obligations. The
interstate commission shall not 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 thirty-five (35) states. The
effective date shall be the later of July 1, 2007, or upon enactment of
the compact into law by the thirty-fifth state. Thereafter, the compact
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 before 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, this compact continues in force and remains
binding upon each and every member state. However, a member
state may withdraw from the compact by specifically repealing
the statute that enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment of a
statute repealing the statute establishing the compact. The
effective date of withdrawal is 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 that reduces the
membership in the compact to one (1) member state.
(2) Upon the dissolution of this compact, the compact becomes
void and is 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) This compact does not prevent the enforcement of any other law
of a member state that is not inconsistent with this compact.
(b) Binding effect of this 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) If any provision of this compact exceeds the constitutional
limits imposed on the legislature of any member state, the
provision is 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. The interstate commission shall make
reasonable efforts to consult with Indian tribes in promulgating
guidelines to reflect the diverse circumstances of the various Indian
tribes.

Legislative History

As added by P.L.143-2008, SEC.12. Amended by P.L.128-2012, SEC.152.