38-1202. Enactment of compact.
38-1202
38-1202. Enactment of compact.The interstate compact on the placement of children is hereby enacted intolaw and entered into with any other state or states legally joining thereinin the form substantially as follows:
The contracting states solemnly agree that:
It is the purpose and policy of the party states to cooperate with eachother in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum opportunityto be placed in a suitable environment and with persons or institutionshaving appropriate qualifications and facilities to provide a necessaryand desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be placedmay have full opportunity to ascertain the circumstances of the proposedplacement, thereby promoting full compliance with applicable requirementsfor the protection of the child.
(c) The proper authorities of the state from which the placement is mademay obtain the most complete information on the basis of which to evaluatea projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
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 courtof a party state, a person, corporation, association, charitable agencyor other entity which sends, brings, or causes to be sent or brought anychild 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 privatepersons or agencies, and whether for placement with state or local publicauthorities or for placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of a child in a familyfree or boarding home or in a child-caring agency or institution but doesnot include any institution caring for the mentally ill, mentally defectiveor epileptic or any institution primarily educational in character, andany hospital or other medical facility.
(a) No sending agency shall send, bring, or cause to be sent or broughtinto any other party state any child for placement in foster care or asa preliminary to a possible adoption unless the sending agency shall complywith each and every requirement set forth in this article and with the applicablelaws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be sent or broughtinto a receiving state for placement in foster care or as a preliminaryto a possible adoption, the sending agency shall furnish the appropriatepublic authorities in the receiving state written notice of the intentionto 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 withwhich the sending agency proposes to send, bring, or place the child.
(4) A full statement of the reasons for such proposed action and evidenceof 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 receiptof a notice pursuant to paragraph (b) of this article may request of thesending agency, or any other appropriate officer or agency of or in thesending agency's state, and shall be entitled to receive therefrom, suchsupporting or additional information as it may deem necessary under thecircumstances to carry out the purpose and policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent or broughtinto the receiving state until the appropriate public authorities in thereceiving state shall notify the sending agency, in writing, to the effectthat the proposed placement does not appear to be contrary to the interestsof the child.
The sending, bringing, or causing to be sent or brought into any receivingstate of a child in violation of the terms of this compact shall constitutea violation of the laws respecting the placement of children of both thestate in which the sending agency is located or from which it sends or bringsthe child and of the receiving state. Such violation may be punished orsubjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violationshall constitute full and sufficient grounds for the suspension or revocationof any license, permit, or other legal authorization held by the sendingagency which empowers or allows it to place, or care for children.
(a) The sending agency shall retain jurisdiction over the child sufficientto determine all matters in relation to the custody, supervision, care,treatment and disposition of the child which it would have had if the childhad remained in the sending agency's state, until the child is adopted,reaches majority, becomes self-supporting or is discharged with the concurrenceof the appropriate authority in the receiving state. Such jurisdictionshall also include the power to effect or cause the return of the childor its transfer to another location and custody pursuant to law. The sendingagency shall continue to have financial responsibility for support and maintenanceof the child during the period of the placement. Nothing contained hereinshall defeat a claim of jurisdiction by a receiving state sufficient todeal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into an agreementwith an authorized public or private agency in the receiving state providingfor the performance of one or more services in respect of such case by thelatter as agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent a private charitableagency authorized to place children in the receiving state from performingservices or acting as agent in that state for a private charitable agencyof the sending state, nor to prevent the agency in the receiving state fromdischarging financial responsibility for the support and maintenance ofa child who has been placed on behalf of the sending agency without relievingthe responsibility set forth in paragraph (a) hereof.
A child adjudicated delinquent may be placed in an institution in anotherparty jurisdiction pursuant to this compact but no such placement shallbe made unless the child is given a court hearing on notice to the parentor guardian with opportunity to be heard, prior to his being sent to suchother party jurisdiction for institutional care and the court finds that:
(1) Equivalent facilities for the child are not available in the sendingagency's jurisdiction; and
(2) Institutional care in the other jurisdiction is in the best interestof the child and will not produce undue hardship.
The executive head of each jurisdiction party to this compact shall designatean officer who shall be general coordinator of activities under this compactin his jurisdiction and who, acting jointly with like officers of otherparty jurisdictions, shall have power to promulgate rules and regulationsto carry out more effectively the terms and provisions of this compact.
This compact shall not apply to: (a) The sending or bringing of a childinto a receiving state by his parent, step-parent, grandparent, adult brotheror sister, adult uncle or aunt, or his guardian and leaving the child withany such relative or non-agency guardian in the receiving state.
(b) Any placement, sending or bringing of a child into a receiving statepursuant to any other interstate compact to which both the state from whichthe child is sent or brought and the receiving state are party, or to anyother agreement between said states which has the force of law.
This compact shall be open to joinder by any state, territory or possessionof the United States, the District of Columbia, the Commonwealth of PuertoRico, and, with the consent of Congress, the Government of Canada or anyprovince thereof. It shall become effective with respect to any such jurisdictionwhen such jurisdiction has enacted the same into law. Withdrawal from thiscompact shall be by the enactment of a statute repealing the same, but shallnot take effect until two (2) years after the effective date of such statuteand until written notice of the withdrawal has been given by the withdrawingstate to the Governor of each other party jurisdiction. Withdrawal of aparty state shall not affect the rights, duties and obligations under thiscompact of any sending agency therein with respect to a placement made priorto the effective date of withdrawal.
The provisions of this compact shall be liberally construed to effectuatethe purposes thereof. The provisions of this compact shall be severableand if any phrase, clause, sentence or provision of this compact is declaredto be contrary to the constitution of any party state or of the United Statesor the applicability thereof to any government, agency, person or circumstanceis held invalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby. If this compact shall be held contrary to the constitution ofany state party thereto, the compact shall remain in full force and effectas to the remaining states and in full force and effect as to the stateaffected as to all severable matters.
History: L. 1976, ch. 206, § 2; July 1.