§ 14-5-101 — Compact provisions generally

The Interstate Compact on the Placement of Children is enacted
into law and entered into with all other jurisdictions legally
joining therein in form substantially as follows:
ARTICLE I
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, or 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, or a
hospital or other medical facility.
ARTICLE II
Conditions for Placement
(a) No sending state 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
institutions 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, or in violation of the law of the
receiving state.
ARTICLE III
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 IV
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 V
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 VI
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 or other party jurisdictions,
shall have power to promulgate rules and regulations to carry
out more effectively the terms and provisions of this compact.
ARTICLE VII
Limitations
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving
state by his parents, step-parent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian or the leaving of
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 VIII
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 IX
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.