§ 374-A — Interstate compact on the placement of children

New York § 374-A

• Jurisdiction: New York
• Law SOS: Social Services
• Title 1: Care and Protection of Children
• Art. 6: Children

Text

§ 374-a. Interstate compact on the placement of children. 1. The\ninterstate compact on the placement of children is hereby enacted into\nlaw and entered into with all other jurisdictions legally joining\ntherein in form substantially as follows:\n INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN\n ARTICLE I. PURPOSE AND POLICY\n It is the purpose and policy of the party states to cooperate with\neach other in the interstate placement of children to the end that:\n (a) Each child requiring placement shall receive the maximum\nopportunity to be placed in a suitable environment and with persons or\ninstitutions having appropriate qualifications and facilities to provide\na necessary and desirable degree and type of care.\n (b) The appropriate authorities in a state where a child is to be\nplaced may have full opportunity to ascertain the circumstances of the\nproposed placement, thereby promoting full compliance with applicable\nrequirements for the protection of the child.\n (c) The proper authorities of the state from which the placement is\nmade may obtain the most complete information on the basis of which to\nevaluate a projected placement before it is made.\n (d) Appropriate jurisdictional arrangements for the care of children\nwill be promoted.\n ARTICLE II. DEFINITIONS\n As used in this compact:\n (a) "Child" means a person who, by reason of minority, is legally\nsubject to parental, guardianship or similar control.\n (b) "Sending agency" means a party state, officer or employee thereof;\na subdivision of a party state, or officer or employee thereof; a court\nof a party state; a person, corporation, association, charitable agency\nor other entity which sends, brings, or causes to be sent or brought any\nchild to another party state.\n (c) "Receiving state" means the state to which a child is sent,\nbrought, or caused to be sent or brought, whether by public authorities\nor private persons or agencies, and whether for placement with state or\nlocal public authorities or for placement with private agencies or\npersons.\n (d) "Placement" means the arrangement for the care of a child in a\nfamily free or boarding home or in a child-caring agency or institution\nbut does not include any institution caring for the mentally ill,\nmentally defective or epileptic or any institution primarily educational\nin character, and any hospital or other medical facility.\n ARTICLE III. CONDITIONS FOR PLACEMENT\n (a) No sending agency shall send, bring, or cause to be sent or\nbrought into any other party state any child for placement in foster\ncare or as a preliminary to a possible adoption unless the sending\nagency shall comply with each and every requirement set forth in this\narticle and with the applicable laws of the receiving state governing\nthe placement of children therein.\n (b) Prior to sending, bringing or causing any child to be sent or\nbrought into a receiving state for placement in foster care or as a\npreliminary to a possible adoption, the sending agency shall furnish the\nappropriate public authorities in the receiving state written notice of\nthe intention to send, bring, or place the child in the receiving state.\nThe notice shall contain:\n (1) The name, date and place of birth of the child.\n (2) The identity and address or addresses of the parents or legal\nguardian.\n (3) The name and address of the person, agency or institution to or\nwith which the sending agency proposes to send, bring, or place the\nchild.\n (4) A full statement of the reasons for such proposed action and\nevidence of the authority pursuant to which the placement is proposed to\nbe made.\n (c) Any public officer or agency in a receiving state which is in\nreceipt of a notice pursuant to paragraph (b) of this article may\nrequest of the sending agency, or any other appropriate officer or\nagency of or in the sending agency's state, and shall be entitled to\nreceive therefrom, such supporting or additional information as it may\ndeem necessary under the circumstances to carry out the purpose and\npolicy of this compact.\n (d) The child shall not be sent, brought, or caused to be sent or\nbrought into the receiving state until the appropriate public\nauthorities in the receiving state shall notify the sending agency, in\nwriting, to the effect that the proposed placement does not appear to be\ncontrary to the interests of the child.\n ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT\n The sending, bringing, or causing to be sent or brought into any\nreceiving state of a child in violation of the terms of this compact\nshall constitute a violation of the laws respecting the placement of\nchildren of both the state in which the sending agency is located or\nfrom which it sends or brings the child and of the receiving state.\nSuch violation may be punished or subjected to penalty in either\njurisdiction in accordance with its laws. In addition to liability for\nany such punishment or penalty, any such violation shall constitute full\nand sufficient grounds for the suspension or revocation of any license,\npermit, or other legal authorization held by the sending agency which\nempowers or allows it to place, or care for children.\n ARTICLE V. RETENTION OF JURISDICTION\n (a) The sending agency shall retain jurisdiction over the child\nsufficient to determine all matters in relation to the custody,\nsupervision, care, treatment and disposition of the child which it would\nhave had if the child had remained in the sending agency's state, until\nthe child is adopted, reaches majority, becomes self-supporting or is\ndischarged with the concurrence of the appropriate authority in the\nreceiving state. Such jurisdiction shall also include the power to\neffect or cause the return of the child or its transfer to another\nlocation and custody pursuant to law. The sending agency shall continue\nto have financial responsibility for support and maintenance of the\nchild during the period of the placement. Nothing contained herein shall\ndefeat a claim of jurisdiction by a receiving state sufficient to deal\nwith an act of delinquency or crime committed therein.\n (b) When the sending agency is a public agency, it may enter into an\nagreement with an authorized public or private agency in the receiving\nstate providing for the performance of one or more services in respect\nof such case by the latter as agent for the sending agency.\n (c) Nothing in this compact shall be construed to prevent a private\ncharitable agency authorized to place children in the receiving state\nfrom performing services or acting as agent in that state for a private\ncharitable agency of the sending state; nor to prevent the agency in the\nreceiving state from discharging financial responsibility for the\nsupport and maintenance of a child who has been placed on behalf of the\nsending agency without relieving the responsibility set forth in\nparagraph (a) hereof.\n ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN\n A child adjudicated delinquent may be placed in an institution in\nanother party jurisdiction pursuant to this compact, but no such\nplacement shall be made unless the child is given a court hearing on\nnotice to the parent or guardian with opportunity to be heard, prior to\nhis being sent to such other party jurisdiction for institutional care\nand the court finds that:\n 1. Equivalent facilities for the child are not available in the\nsending agency's jurisdiction; and\n 2. Institutional care in the other jurisdiction is in the best\ninterest of the child and will not produce undue hardship.\n ARTICLE VII. COMPACT ADMINISTRATOR\n The executive head of each jurisdiction party to this compact shall\ndesignate an officer who shall be general coordinator of activities\nunder this compact in his jurisdiction and who, acting jointly with like\nofficers of other party jurisdictions, shall have power to promulgate\nrules and regulations to carry out more effectively the terms and\nprovisions of this compact.\n ARTICLE VIII. LIMITATIONS\n This compact shall not apply to:\n (a) The sending or bringing of a child into a receiving state by his\nparent, step-parent, grandparent, adult brother or sister, adult uncle\nor aunt, or his guardian and leaving the child with any such relative or\nnon-agency guardian in the receiving state.\n (b) Any placement, sending or bringing of a child into a receiving\nstate pursuant to any other interstate compact to which both the state\nfrom which the child is sent or brought and the receiving state are\nparty, or to any other agreement between said states which has the force\nof law.\n ARTICLE IX. ENACTMENT AND WITHDRAWAL\n This compact shall be open to joinder by any state, territory or\npossession of the United States, the district of Columbia, the\ncommonwealth of Puerto Rico, and, with the consent of congress, the\ngovernment of Canada or any province thereof. It shall become effective\nwith respect to any such jurisdiction when such jurisdiction has enacted\nthe same into law. Withdrawal from this compact shall be by the\nenactment of a statute repealing the same, but shall not take effect\nuntil two years after the effective date of such statute and until\nwritten notice of the withdrawal has been given by the withdrawing state\nto the governor of each other party jurisdiction. Withdrawal of a party\nstate shall not affect the rights, duties and obligations under this\ncompact of any sending agency therein with respect to a placement made\nprior to the effective date of withdrawal.\n ARTICLE X. CONSTRUCTION AND SEVERABILITY\n The provisions of this compact shall be liberally construed to\neffectuate the purposes thereof. The provisions of this compact shall be\nseverable and if any phrase, clause, sentence or provision of this\ncompact is declared to be contrary to the constitution of any party\nstate or of the United States or the applicability thereof to any\ngovernment, agency, person or circumstance is held invalid, the validity\nof the remainder of this compact and the applicability thereof to any\nother government, agency, person or circumstance shall not be affected\nthereby. If this compact shall be held contrary to the constitution of\nany state party thereto, the compact shall remain in full force and\neffect as to the remaining states and in full force and effect as to the\nstate affected as to all severable matters.\n 2. Any requirement of this state for a license, permit, or the posting\nof a bond to entitle an agency to place children shall not apply to a\npublic sending agency (within the meaning of the interstate compact on\nthe placement of children) of or in another state party to said compact.\n 3. Financial responsibility for any child placed pursuant to the\nprovisions of the interstate compact for the placement of children shall\nbe determined in accordance with the provisions of article five thereof\nin the first instance. However, in the event of partial or complete\ndefault of performance thereunder, the provisions of section three\nhundred eighty-two of this chapter with respect to such responsibility\nalso may be invoked.\n 4. The "appropriate public authorities" as used in article three of\nthe interstate compact on the placement of children shall, with\nreference to New York, mean the department of social services, except\nthat, with respect to the placement of children "adjudicated\ndelinquent", as that phrase is used in article six thereof, who are to\nbe placed in a facility operated or supervised by the division for\nyouth, shall mean the division for youth, and said department and\ndivision shall receive and act with reference to notices required by\nsaid article three.\n 5. As used in paragraph (a) of article five of the interstate compact\non the placement of children the phrase "appropriate authority in the\nreceiving state" with reference to New York state shall mean the\ncommissioner of social services of the social services district in which\nthe child may be at the time of discharge, and, with respect to children\n"adjudicated delinquent", as that phrase is used in article six thereof,\nwho are to be discharged from a facility operated or supervised by the\ndivision for youth, shall mean the division for youth.\n 6. The officers and agencies of this state and its subdivisions having\nauthority to place children are hereby empowered to enter into\nagreements with appropriate officers or agencies of or in other party\nstates pursuant to paragraph (b) of article five of the interstate\ncompact on the placement of children. Any such agreement which contains\na financial commitment or imposes a financial obligation on this state\nor subdivision or agency thereof shall not be binding unless it has the\napproval in writing of the comptroller in the case of the state and of\nthe chief local fiscal officer in the case of a subdivision of the\nstate.\n 7. Any requirements for visitation, inspection or supervision of\nchildren, homes, institutions or other agencies in another party state\nwhich may apply under sections three hundred eighty-two, three hundred\neighty-six or three hundred ninety-eight of this chapter shall be deemed\nto be met if performed pursuant to an agreement entered into by\nappropriate officers or agencies of this state or a subdivision thereof\nas contemplated by paragraph (b) of article five of the interstate\ncompact on the placement of children.\n 8. Neither the prohibition of, nor the limitations on out of state\nplacement of children contained in sections three hundred seventy-four\nand three hundred ninety-eight of this chapter shall apply to placements\nmade pursuant to the interstate compact on the placement of children.\n 9. Any court having jurisdiction to place delinquent children may\nplace such a child in an institution of or in another state pursuant to\narticle six of the interstate compact on the placement of children and\nshall retain jurisdiction as provided in article five thereof.\n 10. As used in article seven of the interstate compact on the\nplacement of children, the term "executive head" means the governor. The\ngovernor is hereby authorized to appoint a compact administrator in\naccordance with the terms of said article seven.\n 11. (a) In addition to the conditions for placement set forth in\nsubdivision one of this section, the sending agency shall, in the case\nof a placement preliminary to a possible adoption, submit to the compact\nadministrator a full statement setting forth all fees, including the\ncategories of such fees, paid and to be paid by the adoptive parent to\nany agency or person in exchange for the adoptive placement.\n (b) The compact administrator shall not approve a proposed placement\nwhere such placement violates subdivision six of section three hundred\nseventy-four of this chapter.\n 12. Placement of a child in this state in violation of subdivision one\nof this section by an out of state sending agency shall, in addition to\nany other remedy or sanction imposed by law, subject the agency\nviolating such provision to a civil action for money damages including\nfees, compensation and other remuneration paid by any person on account\nof or incident to the placement of a child in violation of such\nprovision.\n Placement of a child by an out of state sending agency in violation of\nsuch provision shall subject such agency to the exercise of personal\njurisdiction over such agency by a court pursuant to subparagraph (i) of\nparagraph three of subdivision (a) of section three hundred two of the\ncivil practice law and rules.\n