§ 40-15-1. Compact enacted.
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:
THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
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.
As used in this compact:
ARTICLE II — DEFINITIONS
(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 people who are mentally ill, 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 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; and
(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
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.
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 or her 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 or her 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 or her parent, step-parent,
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 (2) 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
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.