§ 40-15-1 - Compact enacted.
SECTION 40-15-1
§ 40-15-1 Compact enacted. – The interstate compact on the placement of children is hereby enacted into lawand entered into with all other jurisdictions legally joining therein in formsubstantially 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 cooperatewith each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximumopportunity to be placed in a suitable environment and with persons orinstitutions having appropriate qualifications and facilities to provide anecessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child isto be placed may have full opportunity to ascertain the circumstances of theproposed placement, thereby promoting full compliance with applicablerequirements for the protection of the child.
(c) The proper authorities of the state from which theplacement is made may obtain the most complete information on the basis ofwhich to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care ofchildren will be promoted.
ARTICLE II – DEFINITIONS
As used in this compact:
(a) "Child" means a person who, by reason of minority, islegally subject to parental guardianship or similar control.
(b) "Sending agency" means a party state, officer or employeethereof; a subdivision of a party state, or officer or employee thereof; acourt of a party state; a person, corporation, association, charitable agencyor other entity which sends, brings, or causes to be sent or brought any childto another party state.
(c) "Receiving state" means the state to which a child issent, brought, or caused to be sent or brought, whether by public authoritiesor private persons or agencies, and whether for placement with state or localpublic authorities or for placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of a childin a family free or boarding home or in a child-caring agency or institutionbut does not include any institution caring for people who are mentally ill, orany institution primarily educational in character, and any hospital or othermedical facility.
ARTICLE III – CONDITIONS FOR PLACEMENT
(a) No sending agency shall send, bring, or cause to be sentor brought into any other party state any child for placement in foster care oras a preliminary to a possible adoption unless the sending agency shall complywith each and every requirement set forth in this article and with theapplicable laws of the receiving state governing the placement of childrentherein.
(b) Prior to sending, bringing or causing any child to besent or brought into a receiving state for placement in foster care or as apreliminary to a possible adoption, the sending agency shall furnish theappropriate public authorities in the receiving state written notice of theintention to send, bring, or place the child in the receiving state. The noticeshall contain:
(1) The name, date and place of birth of the child;
(2) The identity and address or addresses of the parents orlegal guardian;
(3) The name and address of the person, agency or institutionto or with which the sending agency proposes to send, bring, or place thechild; and
(4) A full statement of the reasons for such proposed actionand evidence of the authority pursuant to which the placement is proposed to bemade.
(c) Any public officer or agency in a receiving state whichis in receipt of a notice pursuant to paragraph (b) of this article may requestof the sending 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 besent or brought into the receiving state until the appropriate publicauthorities 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 theinterests of the child.
ARTICLE IV – PENALTY FOR ILLEGAL PLACEMENT
The sending, bringing, or causing to be sent or brought intoany receiving state of a child in violation of the terms of this compact shallconstitute a violation of the laws respecting the placement of children of boththe state in which the sending agency is located or from which it sends orbrings the child and of the receiving state. Such violation may be punished orsubjected to penalty in either jurisdiction in accordance with its laws. Inaddition 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 sending agencywhich empowers or allows it to place, or care for children.
ARTICLE V – RETENTION OF JURISDICTION
(a) The sending agency shall retain jurisdiction over thechild sufficient to determine all matters in relation to the custody,supervision, care, treatment and disposition of the child which it would havehad if the child had remained in the sending agency's state, until the child isadopted, reaches majority, becomes self-supporting or is discharged with theconcurrence of the appropriate authority in the receiving state. Suchjurisdiction shall also include the power to effect or cause the return of thechild or its transfer to another location and custody pursuant to law. Thesending agency shall continue to have financial responsibility for support andmaintenance of the child during the period of the placement. Nothing containedherein shall 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 enterinto an agreement with an authorized public or private agency in the receivingstate providing for the performance of one or more services in respect of suchcase by the latter as agent for the sending agency.
(c) Nothing in this compact shall be construed to prevent aprivate charitable agency authorized to place children in the receiving statefrom performing services or acting as agent in that state for a privatecharitable agency of the sending state; nor to prevent the agency in thereceiving state from discharging financial responsibility for the support andmaintenance of a child who has been placed on behalf of the sending agencywithout relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI – INSTITUTIONAL CARE OF DELINQUENTCHILDREN
A child adjudicated delinquent may be placed in aninstitution in another party jurisdiction pursuant to this compact but no suchplacement shall be made unless the child is given a court hearing on notice tothe parent or guardian with opportunity to be heard, prior to his or her beingsent to such other party jurisdiction for institutional care and the courtfinds that:
1. equivalent facilities for the child are not available inthe sending agency's jurisdiction; and
2. institutional care in the other jurisdiction is in thebest interest of the child and will not produce undue hardship.
ARTICLE VII – COMPACT ADMINISTRATOR
The executive head of each jurisdiction party to this compactshall designate an officer who shall be general coordinator of activities underthis compact in his or her jurisdiction and who, acting jointly with likeofficers of other party jurisdictions, shall have power to promulgate rules andregulations to carry out more effectively the terms and provisions of thiscompact.
ARTICLE VIII – LIMITATIONS
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving stateby his or her parent, step-parent, grandparent, adult brother or sister, adultuncle or aunt, or his guardian and leaving the child with any such relative ornonagency guardian in the receiving state;
(b) Any placement, sending or bringing of a child into areceiving state pursuant to any other interstate compact to which both thestate from which the child is sent or brought and the receiving state areparty, 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, territoryor possession of the United States, the District of Columbia, the Commonwealthof Puerto Rico, and, with the consent of congress, the government of Canada orany province thereof. It shall become effective with respect to any suchjurisdiction when such jurisdiction has enacted the same into law. Withdrawalfrom 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 suchstatute and until written notice of the withdrawal has been given by thewithdrawing state to the governor of each other party jurisdiction. Withdrawalof a party state shall not affect the rights, duties and obligations under thiscompact of any sending agency therein with respect to a placement made prior tothe effective date of withdrawal.
ARTICLE X – CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construedto effectuate the purposes thereof. The provisions of this compact shall beseverable and if any phrase, clause, sentence or provision of this compact isdeclared to be contrary to the constitution of any party state or of the UnitedStates or the applicability thereof to any government, agency, person orcircumstance is held invalid, the validity of the remainder of this compact andthe applicability thereof to any government, agency, person or circumstanceshall not be affected thereby. If this compact shall be held contrary to theconstitution of any state party thereto, the compact shall remain in full forceand effect as to the remaining states and in full force and effect as to thestate affected as to all severable matters.