210.620. Compact enacted, text of compact.
Compact enacted, text of compact.
210.620. The Interstate Compact on the Placement of Children is herebyenacted into law and entered into with all other jurisdictions legally joiningtherein, in form substantially as follows:
ARTICLE I. PURPOSE
The purpose of this Interstate Compact for the Placement of Children isto:
A. Provide a process through which children subject to this compact areplaced in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision of a placement, the delivery ofservices, and communication between the states.
C. Provide operating procedures that will ensure that children areplaced in safe and suitable homes in a timely manner.
D. Provide for the promulgation and enforcement of administrative rulesimplementing the provisions of this compact and regulating the coveredactivities of the member states.
E. Provide for uniform data collection and information sharing betweenmember states under this compact.
F. Promote coordination between this compact, the Interstate Compact forJuveniles, the Interstate Compact on Adoption and Medical Assistance and othercompacts affecting the placement of and which provide services to childrenotherwise subject to this compact.
G. Provide for a state's continuing legal jurisdiction andresponsibility for placement and care of a child that it would have had if theplacement were intrastate.
H. Provide for the promulgation of guidelines, in collaboration withIndian tribes, for interstate cases involving Indian children as is or may bepermitted by federal law.
ARTICLE II. DEFINITIONS
As used in this compact,
A. "Approved placement" means the receiving state has determined afteran assessment that the placement is both safe and suitable for the child andis in compliance with the applicable laws of the receiving state governing theplacement of children therein.
B. "Assessment" means an evaluation of a prospective placement todetermine whether the placement meets the individualized needs of the child,including but not limited to the child's safety and stability, health andwell-being, and mental, emotional and physical development.
C. "Child" means an individual who has not attained the age of eighteen(18).
D. "Default" means the failure of a member state to perform theobligations or responsibilities imposed upon it by this compact, the bylaws orrules of the Interstate Commission.
E. "Indian tribe" means any Indian tribe, band, nation, or otherorganized group or community of Indians recognized as eligible for servicesprovided to Indians by the Secretary of the Interior because of their statusas Indians, including any Alaskan native village as defined in section 3 (c)of the Alaska Native Claims Settlement Act at 43 USC § 1602(c).
F. "Interstate Commission for the Placement of Children" means thecommission that is created under Article VIII of this compact and which isgenerally referred to as the Interstate Commission.
G. "Jurisdiction" means the power and authority of a court to hear anddecide matters.
H. "Member state" means a state that has enacted this compact.
I. "Noncustodial parent" means a person who, at the time of thecommencement of court proceedings in the sending state, does not have solelegal custody of the child or has joint legal custody of a child, and who isnot the subject of allegations or findings of child abuse or neglect.
J. "Nonmember state" means a state which has not enacted this compact.
K. "Notice of residential placement" means information regarding aplacement into a residential facility provided to the receiving stateincluding, but not limited to the name, date and place of birth of the child,the identity and address of the parent or legal guardian, evidence ofauthority to make the placement, and the name and address of the facility inwhich the child will be placed. Notice of residential placement shall alsoinclude information regarding a discharge and any unauthorized absence fromthe facility.
L. "Placement" means the act by a public or private child-placing agencyintended to arrange for the care or custody of a child in another state.
M. "Private child-placing agency" means any private corporation, agency,foundation, institution, or charitable organization, or any private person orattorney that facilitates, causes, or is involved in the placement of a childfrom one state to another and that is not an instrumentality of the state oracting under color of state law.
N. "Provisional placement" means that the receiving state has determinedthat the proposed placement is safe and suitable, and, to the extentallowable, the receiving state has temporarily waived its standards orrequirements otherwise applicable to prospective foster or adoptive parents soas to not delay the placement. Completion of the receiving state requirementsregarding training for prospective foster or adoptive parents shall not delayan otherwise safe and suitable placement.
O. "Public child-placing agency" means any government child welfareagency or child protection agency or a private entity under contract with suchan agency, regardless of whether they act on behalf of a state, county,municipality or other governmental unit and which facilitates, causes, or isinvolved in the placement of a child from one state to another.
P. "Receiving state" means the state to which a child is sent, brought,or caused to be sent or brought.
Q. "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 thechild that they may be regarded as relatives as determined by the court in thesending state.
R. "Residential Facility" means a facility providing a level of carethat is sufficient to substitute for parental responsibility or foster care,and is beyond what is needed for assessment or treatment of an acutecondition. For purposes of the compact, residential facilities do not includeinstitutions primarily educational in character, hospitals or other medicalfacilities.
S. "Rule" means a written directive, mandate, standard or principleissued by the Interstate Commission promulgated pursuant to Article XI of thiscompact that is of general applicability and that implements, interprets orprescribes a policy or provision of the compact. Rule has the force andeffect of statutory law in a member state, and includes the amendment, repeal,or suspension of an existing rule.
T. "Sending state" means the state from which the placement of a childis initiated.
U. "Service member's permanent duty station" means the militaryinstallation where an active duty Armed Services member is currently assignedand is physically located under competent orders that do not specify the dutyas temporary.
V. "Service member's state of legal residence" means the state in whichthe active duty Armed Services member is considered a resident for tax andvoting purposes.
W. "State" means a state of the United States, the District of Columbia,the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, AmericanSamoa, the Northern Marianas Islands and any other territory of the UnitedStates.
X. "State court" means a judicial body of a state that is vested by lawwith responsibility for adjudicating cases involving abuse, neglect,deprivation, delinquency or status offenses of individuals who have notattained the age of eighteen (18).
Y. "Supervision" means monitoring provided by the receiving state once achild has been placed in a receiving state pursuant to this compact.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in Article III, Section B, this compactshall apply to:
1. The interstate placement of a child subject to ongoing courtjurisdiction in the sending state, due to allegations or findings that thechild has been abused, neglected, or deprived as defined by the laws of thesending state, provided, however, that the placement of such a child into aresidential facility shall only require notice of residential placement to thereceiving state prior to placement.
2. The interstate placement of a child adjudicated delinquent orunmanageable based on the laws of the sending state and subject to ongoingcourt jurisdiction of the sending state if:
a. the child is being placed in a residential facility in another memberstate and is not covered under another compact; or
b. the child is being placed in another member state and thedetermination of safety and suitability of the placement and services requiredis not provided through another compact.
3. The interstate placement of any child by a public child-placingagency or private child-placing agency as defined in this compact as apreliminary step to a possible adoption.
B. The provisions of this compact shall not apply to:
1. The interstate placement of a child with a nonrelative in a receivingstate by a parent with the legal authority to make such a placement provided,however, that the placement is not intended to effectuate an adoption.
2. The interstate placement of a child by one relative with the lawfulauthority to make such a placement directly with a relative in a receivingstate.
3. The placement of a child, not subject to Article III, Section A, intoa residential facility by his parent.
4. The placement of a child with a noncustodial parent provided that:
a. The noncustodial parent proves to the satisfaction of a court in thesending state a substantial relationship with the child; and
b. The court in the sending state makes a written finding that placementwith the noncustodial parent is in the best interests of the child; and
c. The court in the sending state dismisses its jurisdiction over thechild's case.
5. A child entering the United States from a foreign country for thepurpose of adoption or leaving the United States to go to a foreign countryfor the purpose of adoption in that country.
6. Cases in which a U.S. citizen child living overseas with his family,at least one of whom is in the U.S. Armed Services, and who is stationedoverseas, is removed and placed in a state.
7. The sending of a child by a public child-placing agency or a privatechild-placing agency for a visit as defined by the rules of the InterstateCommission.
C. For purposes of determining the applicability of this compact to theplacement of a child with a family in the Armed Services, the publicchild-placing agency or private child-placing agency may choose the state ofthe service member's permanent duty station or the service member's declaredlegal residence.
D. Nothing in this compact shall be construed to prohibit the concurrentapplication of the provisions of this compact with other applicable interstatecompacts including the Interstate Compact for Juveniles and the InterstateCompact on Adoption and Medical Assistance. The Interstate Commission may incooperation with other interstate compact commissions having responsibilityfor the interstate movement, placement or transfer of children, promulgatelike rules to ensure the coordination of services, timely placement ofchildren, and the reduction of unnecessary or duplicative administrative orprocedural requirements.
ARTICLE IV. JURISDICTION
A. The sending state shall retain jurisdiction over a child with respectto all matters of custody and disposition of the child which it would have hadif the child had remained in the sending state. Such jurisdiction shall alsoinclude 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 acourt in the receiving state, such court shall confer with the court of thesending state to determine the most appropriate forum for adjudication.
C. In accordance with its own laws, the court in the sending state shallhave authority to terminate its jurisdiction if:
1. The child is reunified with the parent in the receiving state who isthe subject of allegations or findings of abuse or neglect, only with theconcurrence of the public child-placing agency in the receiving state; or
2. The child is adopted; or
3. The child reaches the age of majority under the laws of the sendingstate; or
4. The child achieves legal independence pursuant to the laws of thesending state; or
5. A guardianship is created by a court in the receiving state with theconcurrence of the court in the sending state; or
6. An Indian tribe has petitioned for and received jurisdiction from thecourt in the sending state; or
7. The public child-placing agency of the sending state requeststermination and has obtained the concurrence of the public child-placingagency in the receiving state.
D. When a sending state court terminates its jurisdiction, the receivingstate child-placing agency shall be notified.
E. Nothing in this article shall defeat a claim of jurisdiction by areceiving state court sufficient to deal with an act of truancy, delinquency,crime or behavior involving a child as defined by the laws of the receivingstate committed by the child in the receiving state which would be a violationof its laws.
F. Nothing in this article shall limit the receiving state's ability totake emergency jurisdiction for the protection of the child.
ARTICLE V. ASSESSMENTS
A. Prior to sending, bringing, or causing a child to be sent or broughtinto a receiving state, the public child-placing agency shall provide awritten request for assessment to the receiving state.
B. Prior to the sending, bringing, or causing a child to be sent orbrought into a receiving state, the private child-placing agency shall:
1. Provide evidence that the applicable laws of the sending state havebeen complied with; and
2. Certification that the consent or relinquishment is in compliancewith applicable law of the birth parent's state of residence or, wherepermitted, the laws of the state of where the finalization of the adoptionwill occur; and
3. Request through the public child-placing agency in the sending statean assessment to be conducted in the receiving state; and
4. Upon completion of the assessment, obtain the approval of the publicchild-placing agency in the receiving state.
C. The procedures for making and the request for an assessment shallcontain all information and be in such form as provided for in the rules ofthe Interstate Commission.
D. Upon receipt of a request from the public child welfare agency of thesending state, the receiving state shall initiate an assessment of theproposed placement to determine its safety and suitability. If the proposedplacement is a placement with a relative, the public child-placing agency ofthe sending state may request a determination of whether the placementqualifies as a provisional placement.
E. The public child-placing agency in the receiving state may requestfrom the public child-placing agency or the private child-placing agency inthe sending state, and shall be entitled to receive supporting or additionalinformation necessary to complete the assessment.
F. The public child-placing agency in the receiving state shall completeor arrange for the completion of the assessment within the time framesestablished by the rules of the Interstate Commission.
G. The Interstate Commission may develop uniform standards for theassessment of the safety and suitability of interstate placements.
ARTICLE VI. PLACEMENT AUTHORITY
A. Except as provided in Article VI, Section C, no child subject to thiscompact shall be placed into a receiving state until approval for suchplacement is obtained.
B. If the public child-placing agency in the receiving state does notapprove the proposed placement then the child shall not be placed. Thereceiving state shall provide written documentation of any such determinationin accordance with the rules promulgated by the Interstate Commission. Suchdetermination is not subject to judicial review in the sending state.
C. If the proposed placement is not approved, any interested party shallhave standing to seek an administrative review of the receiving state'sdetermination.
1. The administrative review and any further judicial review associatedwith the determination shall be conducted in the receiving state pursuant toits applicable administrative procedures.
2. If a determination not to approve the placement of the child in thereceiving state is overturned upon review, the placement shall be deemedapproved, provided however that all administrative or judicial remedies havebeen exhausted or the time for such remedies has passed.
ARTICLE VII. STATE RESPONSIBILITY
A. For the interstate placement of a child made by a publicchild-placing agency or state court:
1. The public child-placing agency in the sending state shall havefinancial responsibility for:
a. the ongoing support and maintenance for the child during the periodof the placement, unless otherwise provided for in the receiving state; and
b. as determined by the public child-placing agency in the sendingstate, services for the child beyond the public services for which the childis eligible in the receiving state.
2. The receiving state shall only have financial responsibility for:
a. any assessment conducted by the receiving state; and
b. supervision conducted by the receiving state at the level necessaryto support the placement as agreed upon by the public child-placing agenciesof the receiving and sending state.
3. Nothing in this provision shall prohibit public child-placingagencies in the sending state from entering into agreements with licensedagencies or persons in the receiving state to conduct assessments and providesupervision.
B. For the placement of a child by a private child-placing agencypreliminary to a possible adoption, the private child-placing agency shall be:
1. Legally responsible for the child during the period of placement asprovided for in the law of the sending state until the finalization of theadoption.
2. Financially responsible for the child absent a contractual agreementto the contrary.
C. A private child-placing agency shall be responsible for anyassessment conducted in the receiving state and any supervision conducted bythe receiving state at the level required by the laws of the receiving stateor the rules of the Interstate Commission.
D. The public child-placing agency in the receiving state shall providetimely assessments, as provided for in the rules of the Interstate Commission.
E. 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.
F. Nothing in this compact shall be construed as to limit the authorityof the public child-placing agency in the receiving state from contractingwith a licensed agency or person in the receiving state for an assessment orthe provision of supervision or services for the child or otherwiseauthorizing the provision of supervision or services by a licensed agencyduring the period of placement.
G. Each member state shall provide for coordination among its branchesof government concerning the state's participation in, and compliance with,the compact and Interstate Commission activities, through the creation of anadvisory council or use of an existing body or board.
H. Each member state shall establish a central state compact office,which shall be responsible for state compliance with the compact and the rulesof the Interstate Commission.
I. The public child-placing agency in the sending state shall overseecompliance with the provisions of the Indian Child Welfare Act (25 USC 1901,et seq.) for placements subject to the provisions of this compact, prior toplacement.
J. With the consent of the Interstate Commission, states may enter intolimited agreements that facilitate the timely assessment and provision ofservices 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 commissionknown as the "Interstate Commission for the Placement of Children." Theactivities of the Interstate Commission are the formation of public policy andare a discretionary state function. The Interstate Commission shall:
A. Be a joint commission of the member states and shall have theresponsibilities, powers and duties set forth herein, and such additionalpowers as may be conferred upon it by subsequent concurrent action of therespective legislatures of the member states.
B. Consist of one commissioner from each member state who shall beappointed by the executive head of the state human services administrationwith ultimate responsibility for the child welfare program. The appointedcommissioner shall have the legal authority to vote on policy related mattersgoverned by this compact binding the state.
1. Each member state represented at a meeting of the InterstateCommission is entitled to one vote.
2. A majority of the member states shall constitute a quorum for thetransaction of business, unless a larger quorum is required by the bylaws ofthe Interstate Commission.
3. A representative shall not delegate a vote to another member state.
4. A representative may delegate voting authority to another person fromtheir state for a specified meeting.
C. In addition to the commissioners of each member state, the InterstateCommission shall include persons who are members of interested organizationsas defined in the bylaws or rules of the Interstate Commission. Such membersshall be ex officio and shall not be entitled to vote on any matter before theInterstate Commission.
D. Establish an executive committee which shall have the authority toadminister the day-to-day operations and administration of the InterstateCommission. It shall not have the power to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all necessary actions to effect thegoals, purposes and obligations as enumerated in this compact.
B. To provide for dispute resolution among member states.
C. To issue, upon request of a member state, advisory opinionsconcerning the meaning or interpretation of the interstate compact, itsbylaws, rules or actions.
D. To enforce compliance with this compact or the bylaws or rules of theInterstate Commission pursuant to Article XII.
E. Collect standardized data concerning the interstate placement ofchildren subject to this compact as directed through its rules which shallspecify the data to be collected, the means of collection and data exchangeand reporting requirements.
F. To establish and maintain offices as may be necessary for thetransacting of its business.
G. To purchase and maintain insurance and bonds.
H. To hire or contract for services of personnel or consultants asnecessary to carry out its functions under the compact and establish personnelqualification policies, and rates of compensation.
I. To establish and appoint committees and officers including, but notlimited to, an executive committee as required by Article X.
J. To accept any and all donations and grants of money, equipment,supplies, materials, and services, and to receive, utilize, and disposethereof.
K. To lease, purchase, accept contributions or donations of, orotherwise to own, hold, improve or use any property, real, personal, or mixed.
L. To sell, convey, mortgage, pledge, lease, exchange, abandon, orotherwise dispose of any property, real, personal or mixed.
M. To establish a budget and make expenditures.
N. To adopt a seal and bylaws governing the management and operation ofthe Interstate Commission.
O. To report annually to the legislatures, governors, the judiciary, andstate advisory councils of the member states concerning the activities of theInterstate Commission during the preceding year. Such reports shall alsoinclude any recommendations that may have been adopted by the InterstateCommission.
P. To coordinate and provide education, training and public awarenessregarding the interstate movement of children for officials involved in suchactivity.
Q. To maintain books and records in accordance with the bylaws of theInterstate Commission.
R. To perform such functions as may be necessary or appropriate toachieve the purposes of this compact.
ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE
COMMISSION
A. Bylaws
1. Within 12 months after the first Interstate Commission meeting, theInterstate Commission shall adopt bylaws to govern its conduct as may benecessary or appropriate to carry out the purposes of the compact.
2. The Interstate Commission's bylaws and rules shall establishconditions and procedures under which the Interstate Commission shall make itsinformation and official records available to the public for inspection orcopying. The Interstate Commission may exempt from disclosure information orofficial records to the extent they would adversely affect personal privacyrights or proprietary interests.
B. Meetings
1. The Interstate Commission shall meet at least once each calendaryear. The chairperson may call additional meetings and, upon the request of asimple majority of the member states shall call additional meetings.
2. Public notice shall be given by the Interstate Commission of allmeetings and all meetings shall be open to the public, except as set forth inthe rules or as otherwise provided in the compact. The Interstate Commissionand its committees may close a meeting, or portion thereof, where itdetermines by two-thirds vote that an open meeting would be likely to:
a. relate solely to the Interstate Commission's internal personnelpractices and procedures; or
b. disclose matters specifically exempted from disclosure by federallaw; or
c. disclose financial or commercial information which is privileged,proprietary or confidential in nature; or
d. involve accusing a person of a crime, or formally censuring a person;or
e. disclose information of a personal nature where disclosure wouldconstitute a clearly unwarranted invasion of personal privacy or physicallyendanger one or more persons; or
f. disclose investigative records compiled for law enforcement purposes;or
g. specifically relate to the Interstate Commission's participation in acivil action or other legal proceeding.
3. For a meeting, or portion of a meeting, closed pursuant to thisprovision, the Interstate Commission's legal counsel or designee shall certifythat the meeting may be closed and shall reference each relevant exemptionprovision. The Interstate Commission shall keep minutes which shall fully andclearly describe all matters discussed in a meeting and shall provide a fulland accurate summary of actions taken, and the reasons therefore, including adescription of the views expressed and the record of a roll call vote. Alldocuments considered in connection with an action shall be identified in suchminutes. All minutes and documents of a closed meeting shall remain underseal, subject to release by a majority vote of the Interstate Commission or bycourt order.
4. The bylaws may provide for meetings of the Interstate Commission tobe 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 andconditions and for such compensation as the Interstate Commission may deemappropriate. The staff director shall serve as secretary to the InterstateCommission, but shall not have a vote. The staff director may hire andsupervise such other staff as may be authorized by the Interstate Commission.
2. The Interstate Commission shall elect, from among its members, achairperson and a vice chairperson of the executive committee and othernecessary officers, each of whom shall have such authority and duties as maybe specified in the bylaws.
D. Qualified Immunity, Defense and Indemnification
1. The Interstate Commission's staff director and its employees shall beimmune from suit and liability, either personally or in their officialcapacity, for a claim for damage to or loss of property or personal injury orother civil liability caused or arising out of or relating to an actual oralleged act, error, or omission that occurred, or that such person had areasonable basis for believing occurred within the scope of Commissionemployment, duties, or responsibilities; provided, that such person shall notbe protected from suit or liability for damage, loss, injury, or liabilitycaused by a criminal act or the intentional or willful and wanton misconductof such person.
a. The liability of the Interstate Commission's staff director andemployees or Interstate Commission representatives, acting within the scope ofsuch person's employment or duties for acts, errors, or omissions occurringwithin such person's state may not exceed the limits of liability set forthunder the constitution and laws of that state for state officials, employees,and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by a criminal act or the intentional orwillful and wanton misconduct of such person.
b. The Interstate Commission shall defend the staff director and itsemployees and, subject to the approval of the attorney general or otherappropriate legal counsel of the member state shall defend the commissioner ofa member state in a civil action seeking to impose liability arising out of anactual or alleged act, error or omission that occurred within the scope ofInterstate Commission employment, duties or responsibilities, or that thedefendant had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities, provided thatthe actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such person.
c. To the extent not covered by the state involved, member state, or theInterstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arising outof an actual or alleged act, error, or omission that occurred within the scopeof Interstate Commission employment, duties, or responsibilities, or that suchpersons had a reasonable basis for believing occurred within the scope ofInterstate Commission employment, duties, or responsibilities, provided thatthe actual or alleged act, error, or omission did not result from intentionalor 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 orderto effectively and efficiently achieve the purposes of the compact.
B. Rulemaking shall occur pursuant to the criteria set forth in thisarticle and the bylaws and rules adopted pursuant thereto. Such rulemakingshall substantially conform to the principles of the "Model StateAdministrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1(2000), or such other administrative procedure acts as the InterstateCommission deems appropriate consistent with due process requirements underthe United States Constitution as now or hereafter interpreted by the U. S.Supreme Court. All rules and amendments shall become binding as of the datespecified, as published with the final version of the rule as approved by theInterstate Commission.
C. When promulgating a rule, the Interstate Commission shall, at aminimum:
1. Publish the proposed rule's entire text stating the reason(s) forthat proposed rule; and
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 bemade publicly available; and
3. Promulgate a final rule and its effective date, if appropriate, basedon input from state or local officials, or interested parties.
D. Rules promulgated by the Interstate Commission shall have the forceand effect of statutory law and shall supersede any state law, rule orregulation to the extent of any conflict.
E. Not later than 60 days after a rule is promulgated, an interestedperson may file a petition in the U.S. District Court for the District ofColumbia or in the Federal District Court where the Interstate Commission'sprincipal office is located for judicial review of such rule. If the courtfinds that the Interstate Commission's action is not supported by substantialevidence in the rulemaking record, the court shall hold the rule unlawful andset it aside.
F. If a majority of the legislatures of the member states rejects arule, those states may by enactment of a statute or resolution in the samemanner used to adopt the compact cause that such rule shall have no furtherforce and effect in any member state.
G. The existing rules governing the operation of the Interstate Compacton the Placement of Children superseded by this act shall be null and void noless than 12, but no more than 24 months after the first meeting of theInterstate Commission created hereunder, as determined by the members duringthe first meeting.
H. Within the first 12 months of operation, the Interstate Commissionshall 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 InterstateCommission that an emergency exists:
1. The Interstate Commission may promulgate an emergency rule only if itis required to:
a. Protect the children covered by this compact from an imminent threatto their health, safety and well-being; or
b. Prevent loss of federal or state funds; or
c. Meet a deadline for the promulgation of an administrative rulerequired by federal law.
2. An emergency rule shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than 90 days after the effective date of the emergency rule.
3. An emergency rule shall be promulgated as provided for in the rulesof the Interstate Commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
A. Oversight
1. The Interstate Commission shall oversee the administration andoperation of the compact.
2. The executive, legislative and judicial branches of state governmentin each member state shall enforce this compact and the rules of theInterstate Commission and shall take all actions necessary and appropriate toeffectuate the compact's purposes and intent. The compact and its rules shallsupercede state law, rules or regulations to the extent of any conflicttherewith.
3. All courts shall take judicial notice of the compact and the rules inany judicial or administrative proceeding in a member state pertaining to thesubject matter of this compact.
4. The Interstate Commission shall be entitled to receive service ofprocess in any action in which the validity of a compact provision or rule isthe issue for which a judicial determination has been sought and shall havestanding to intervene in any proceedings. Failure to provide service ofprocess to the Interstate Commission shall render any judgment, order or otherdetermination, however so captioned or classified, void as to the InterstateCommission, this compact, its bylaws or rules of the Interstate Commission.
B. Dispute Resolution
1. The Interstate Commission shall attempt, upon the request of a memberstate, to resolve disputes which are subject to the compact and which mayarise among member states and between member and nonmember states.
2. The Interstate Commission shall promulgate a rule providing for bothmediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibilityof the parties to the dispute.
C. Enforcement
1. If the Interstate Commission determines that a member state hasdefaulted in the performance of its obligations or responsibilities under thiscompact, its bylaws or rules, the Interstate Commission may:
a. Provide remedial training and specific technical assistance; or
b. Provide written notice to the defaulting state and other memberstates, of the nature of the default and the means of curing the default. TheInterstate Commission shall specify the conditions by which the defaultingstate must cure its default; or
c. By majority vote of the members, initiate against a defaulting memberstate legal action in the United State District Court for the District ofColumbia or, at the discretion of the Interstate Commission, in the federaldistrict where the Interstate Commission has its principal office, to enforcecompliance with the provisions of the compact, its bylaws or rules. Therelief sought may include both injunctive relief and damages. In the eventjudicial enforcement is necessary the prevailing party shall be awarded allcosts of such litigation including reasonable attorney's fees; or
d. Avail itself of any other remedies available under state law or theregulation of official or professional conduct.
ARTICLE XIII. FINANCING OF THE COMMISSION
A. The Interstate Commission shall pay, or provide for the payment ofthe reasonable expenses of its establishment, organization and ongoingactivities.
B. The Interstate Commission may levy on and collect an annualassessment from each member state to cover the cost of the operations andactivities of the Interstate Commission and its staff which must be in a totalamount sufficient to cover the Interstate Commission's annual budget asapproved by its members each year. The aggregate annual assessment amountshall be allocated based upon a formula to be determined by the InterstateCommission which shall promulgate a rule binding upon all member states.
C. The Interstate Commission shall not incur obligations of any kindprior to securing the funds adequate to meet the same; nor shall theInterstate Commission pledge the credit of any of the member states, except byand with the authority of the member state.
D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handled bythe Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart 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 legislativeenactment of the compact into law by no less than 35 states. The effectivedate shall be the later of July 1, 2007, or upon enactment of the compact intolaw by the 35th state. Thereafter it shall become effective and binding as toany other member state upon enactment of the compact into law by that state.The executive heads of the state human services administration with ultimateresponsibility for the child welfare program of nonmember states or theirdesignees shall be invited to participate in the activities of the InterstateCommission on a nonvoting basis prior to adoption of the compact by allstates.
C. The Interstate Commission may propose amendments to the compact forenactment by the member states. No amendment shall become effective andbinding on the member states unless and until it is enacted into law byunanimous consent of the member states.
ARTICLE XV. WITHDRAWAL AND DISSOLUTION
A. Withdrawal
1. Once effective, the compact shall continue in force and remainbinding upon each and every member state; provided that a member state maywithdraw from the compact specifically repealing the statute which enacted thecompact into law.
2. Withdrawal from this compact shall be by the enactment of a statuterepealing the same. The effective date of withdrawal shall be the effectivedate of the repeal of the statute.
3. The withdrawing state shall immediately notify the president of theInterstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall then notify the other member states of the withdrawing state's intent towithdraw.
4. The withdrawing state is responsible for all assessments, obligationsand liabilities incurred through the effective date of withdrawal.
5. Reinstatement following withdrawal of a member state shall occur uponthe withdrawing state reenacting the compact or upon such later date asdetermined by the members of the Interstate Commission.
B. Dissolution of Compact
1. This compact shall dissolve effective upon the date of the withdrawalor default of the member state which reduces the membership in the compact toone member state.
2. Upon the dissolution of this compact, the compact becomes null andvoid and shall be of no further force or effect, and the business and affairsof the Interstate Commission shall be concluded and surplus funds shall bedistributed 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 remainingprovisions of the compact shall be enforceable.
B. The provisions of this compact shall be liberally construed toeffectuate its purposes.
C. Nothing in this compact shall be construed to prohibit the concurrentapplicability of other interstate compacts to which the states are members
ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
A. Other Laws
1. Nothing herein prevents the enforcement of any other law of a memberstate that is not inconsistent with this compact.
2. All member states' laws conflicting with this compact or its rulesare superseded to the extent of the conflict.
B. Binding Effect of the Compact
1. All lawful actions of the Interstate Commission, including all rulesand bylaws promulgated by the Interstate Commission, are binding upon themember states.
2. All agreements between the Interstate Commission and the memberstates are binding in accordance with their terms.
3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shall beineffective to the extent of the conflict with the constitutional provision inquestion in that member state.
ARTICLE XVIII. INDIAN TRIBES
Notwithstanding any other provision in this compact, the InterstateCommission may promulgate guidelines to permit Indian tribes to utilize thecompact to achieve any or all of the purposes of the compact as specified inArticle I. The Interstate Commission shall make reasonable efforts to consultwith Indian tribes in promulgating guidelines to reflect the diversecircumstances of the various Indian tribes.
(L. 1975 S.B. 162 § 1, A.L. 2007 S.B. 84)Contingent effective date, see § 210.650