Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0835.01 Jane Ritter x4342
SENATE BILL 24-125
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING THE ENACTMENT OF THE "INTERSTATE COMPACT FOR101
THE PLACEMENT OF CHILDREN".102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill enacts the "Interstate Compact for the Placement of
Children" (compact). The purpose of the compact is to:
! Provide a process through which children subject to this
compact are placed in safe and suitable homes in a timely
manner;
! Facilitate ongoing supervision of a placement, the delivery
SENATE SPONSORSHIP
Pelton B. and Michaelson Jenet,
HOUSE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. of services, and communication between the states;
! Provide operating procedures that will ensure that children
are placed in safe and suitable homes in a timely manner;
! Provide for promulgation and enforcement of
administrative rules implementing the compact and
regulating the covered activities of the member states;
! Provide for uniform data collection and information
sharing between member states;
! Promote coordination between the compact, the interstate
compact for juveniles, the interstate compact on adoption
and medical assistance, and other compacts affecting the
placement of children and provision of services to children
otherwise subject to this compact;
! Provide for a state's continuing legal jurisdiction and
responsibility for placement and care of a child that it
would have had if the placement were intrastate; and
! Provide for the promulgation of guidelines, in collaboration
with Indian tribes, for interstate cases involving Indian
children as is or may be permitted by federal law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, repeal and reenact,2
with amendments, part 18 of article 60 of title 24 as follows:3
PART 184
INTERSTATE COMPACT ON PLACEMENT5
OF CHILDREN6
24-60-1801. Short title. T
HE SHORT TITLE OF THIS PART 18 IS THE7
"I
NTERSTATE COMPACT ON PLACEMENT OF CHILDREN".8
24-60-1802. Execution of compact. T
HE GOVERNOR IS9
AUTHORIZED TO EXECUTE A COMPACT ON BEHALF OF THIS STATE WITH10
ANY OTHER STATE OR STATES LEGALLY JOINING THEREIN IN THE FORM11
SUBSTANTIALLY AS FOLLOWS :12
ARTICLE I.13
PURPOSE14
SB24-125-2- THE PURPOSE OF THIS INTERSTATE COMPACT FOR THE PLACEMENT OF1
CHILDREN IS TO:2
A. P
ROVIDE A PROCESS THROUGH WHICH CHILDREN SUBJECT TO3
THIS COMPACT ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY4
MANNER.5
B. F
ACILITATE ONGOING SUPERVISION OF A PLACEMENT , THE6
DELIVERY OF SERVICES, AND COMMUNICATION BETWEEN THE STATES .7
C. P
ROVIDE OPERATING PROCEDURES THAT WILL ENSURE THAT8
CHILDREN ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY9
MANNER.10
D. P
ROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF11
ADMINISTRATIVE RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT12
AND REGULATING THE COVERED ACTIVITIES OF THE MEMBER STATES .13
E. P
ROVIDE FOR THE UNIFORM DATA COLLECTION AND14
INFORMATION SHARING BETWEEN MEMBER STATES UNDER THIS COMPACT .15
F. P
ROMOTE COORDINATION BETWEEN THIS COMPACT , THE16
I
NTERSTATE COMPACT FOR JUVENILES, THE INTERSTATE COMPACT ON17
A
DOPTION AND MEDICAL ASSISTANCE, AND OTHER COMPACTS AFFECTING18
THE PLACEMENT OF AND WHICH PROVIDE SERVICES TO CHILDREN19
OTHERWISE SUBJECT TO THIS COMPACT .20
G. P
ROVIDE FOR A STATE'S CONTINUING LEGAL JURISDICTION AND21
RESPONSIBILITY FOR PLACEMENT AND CARE OF A CHILD THAT IT WOULD22
HAVE HAD IF THE PLACEMENT WERE INTRASTATE .23
H. P
ROVIDE FOR THE PROMULGATION OF GUIDELINES , IN24
COLLABORATION WITH INDIAN TRIBES, FOR INTERSTATE CASES INVOLVING25
I
NDIAN CHILDREN AS IS OR MAY BE PERMITTED BY FEDERAL LAW .26
ARTICLE II.27
SB24-125
-3- DEFINITIONS1
A
S USED IN THIS COMPACT:2
A. "A
PPROVED PLACEMENT" MEANS THE PUBLIC CHILD PLACING3
AGENCY IN THE RECEIVING STATE HAS DETERMINED THAT THE PLACEMENT4
IS BOTH SAFE AND SUITABLE FOR THE CHILD.5
B. "A
SSESSMENT" MEANS AN EVALUATION OF A PROSPECTIVE6
PLACEMENT BY A PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE7
TO DETERMINE IF THE PLACEMENT MEETS THE INDIVIDUALIZED NEEDS OF8
THE CHILD, INCLUDING, BUT NOT LIMITED TO, THE CHILD'S SAFETY AND9
STABILITY, HEALTH AND WELL-BEING, AND MENTAL, EMOTIONAL, AND10
PHYSICAL DEVELOPMENT . AN ASSESSMENT IS ONLY APPLICABLE TO A11
PLACEMENT BY A PUBLIC CHILD PLACING AGENCY .12
C. "C
ERTIFICATION" MEANS TO ATTEST, DECLARE, OR SWEAR TO13
BEFORE A JUDGE OR NOTARY PUBLIC .14
D. "C
HILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED THE15
AGE OF EIGHTEEN (18).16
E. "D
EFAULT" MEANS THE FAILURE OF A MEMBER STATE TO17
PERFORM THE OBLIGATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY18
THIS COMPACT, THE BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.19
F. "H
OME STUDY" MEANS AN EVALUATION OF A HOME20
ENVIRONMENT CONDUCTED IN ACCORDANCE WITH THE APPLICABLE21
REQUIREMENTS OF THE STATE IN WHICH THE HOME IS LOCATED , AND22
DOCUMENTS THE PREPARATION AND THE SUITABILITY OF THE PLACEMENT23
RESOURCE FOR PLACEMENT OF A CHILD IN ACCORDANCE WITH THE LAWS24
AND REQUIREMENTS OF THE STATE IN WHICH THE HOME IS LOCATED .25
G. "I
NDIAN TRIBE" MEANS ANY INDIAN TRIBE, BAND, NATION, OR26
OTHER ORGANIZED GROUP OR COMMUNITY OF INDIANS RECOGNIZED AS27
SB24-125
-4- ELIGIBLE FOR SERVICES PROVIDED TO INDIANS BY THE SECRETARY OF THE1
I
NTERIOR BECAUSE OF THEIR STATUS AS INDIANS, INCLUDING ANY2
A
LASKAN NATIVE VILLAGE AS DEFINED IN SECTION (3)(c) OF THE ALASKA3
N
ATIVE CLAIMS SETTLEMENT ACT AT 43 U.S.C. SEC. 1602(c).4
H. "I
NTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN"5
MEANS THE COMMISSION THAT IS CREATED UNDER ARTICLE VIII OF THIS6
COMPACT AND WHICH IS GENERALLY REFERRED TO AS THE INTERSTATE7
C
OMMISSION.8
I. "J
URISDICTION" MEANS THE POWER AND AUTHORITY OF A COURT9
TO HEAR AND DECIDE MATTERS .10
J. "L
EGAL RISK PLACEMENT" ("LEGAL RISK ADOPTION") MEANS11
A PLACEMENT MADE PRELIMINARY TO AN ADOPTION WHERE THE12
PROSPECTIVE ADOPTIVE PARENTS ACKNOWLEDGE IN WRITING THAT A13
CHILD CAN BE ORDERED RETURNED TO THE SENDING STATE OR THE BIRTH14
MOTHER'S STATE OF RESIDENCE, IF DIFFERENT FROM THE SENDING STATE,15
AND A FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY16
JURISDICTION UNTIL ALL REQUIRED CONSENTS ARE OBTAINED OR ARE17
DISPENSED WITH IN ACCORDANCE WITH APPLICABLE LAW .18
K. "M
EMBER STATE" MEANS A STATE THAT HAS ENACTED THIS19
COMPACT.20
L. "N
ON-CUSTODIAL PARENT" MEANS A PERSON WHO, AT THE TIME21
OF THE COMMENCEMENT OF COURT PROCEEDINGS IN THE SENDING STATE ,22
DOES NOT HAVE SOLE LEGAL CUSTODY OF THE CHILD OR HAS JOINT LEGAL23
CUSTODY OF A CHILD, AND WHO IS NOT THE SUBJECT OF ALLEGATIONS OR24
FINDINGS OF CHILD ABUSE OR NEGLECT.25
M. "N
ON-MEMBER STATE" MEANS A STATE WHICH HAS NOT26
ENACTED THIS COMPACT.27
SB24-125
-5- N. "NOTICE OF RESIDENTIAL PLACEMENT " MEANS INFORMATION1
REGARDING A PLACEMENT INTO A RESIDENTIAL FACILITY PROVIDED TO THE2
RECEIVING STATE INCLUDING, BUT NOT LIMITED TO, THE NAME, DATE, AND3
PLACE OF BIRTH OF THE CHILD , THE IDENTITY AND ADDRESS OF THE4
PARENT OR LEGAL GUARDIAN , EVIDENCE OF AUTHORITY TO MAKE THE5
PLACEMENT, AND THE NAME AND ADDRESS OF THE FACILITY IN WHICH THE6
CHILD WILL BE PLACED. NOTICE OF RESIDENTIAL PLACEMENT SHALL ALSO7
INCLUDE INFORMATION REGARDING A DISCHARGE AND ANY8
UNAUTHORIZED ABSENCE FROM THE FACILITY .9
O. "P
LACEMENT" MEANS THE ACT BY A PUBLIC OR PRIVATE CHILD10
PLACING AGENCY INTENDED TO ARRANGE FOR THE CARE OR CUSTODY OF11
A CHILD IN ANOTHER STATE.12
P. "P
RIVATE CHILD PLACING AGENCY " MEANS ANY PRIVATE13
CORPORATION, AGENCY, FOUNDATION, INSTITUTION, OR CHARITABLE14
ORGANIZATION, OR ANY PRIVATE PERSON OR ATTORNEY THAT15
FACILITATES, CAUSES, OR IS INVOLVED IN THE PLACEMENT OF A CHILD16
FROM ONE STATE TO ANOTHER AND THAT IS NOT AN INSTRUMENTALITY OF17
THE STATE OR ACTING UNDER COLOR OF STATE LAW .18
Q. "P
ROVISIONAL PLACEMENT" MEANS A DETERMINATION MADE19
BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE THAT THE20
PROPOSED PLACEMENT IS SAFE AND SUITABLE , AND, TO THE EXTENT21
ALLOWABLE, THE RECEIVING STATE HAS TEMPORARILY WAIVED ITS22
STANDARDS OR REQUIREMENTS OTHERWISE APPLICABLE TO PROSPECTIVE23
FOSTER OR ADOPTIVE PARENTS SO AS TO NOT DELAY THE PLACEMENT .24
C
OMPLETION OF THE RECEIVING STATE REQUIREMENTS REGARDING25
TRAINING FOR PROSPECTIVE FOSTER OR ADOPTIVE PARENTS SHALL NOT26
DELAY AN OTHERWISE SAFE AND SUITABLE PLACEMENT .27
SB24-125
-6- R. "PUBLIC CHILD PLACING AGENCY" MEANS ANY GOVERNMENT1
CHILD WELFARE AGENCY OR CHILD PROTECTION AGENCY OR A PRIVATE2
ENTITY UNDER CONTRACT WITH SUCH AN AGENCY , REGARDLESS OF3
WHETHER IT ACTS ON BEHALF OF A STATE , COUNTY, MUNICIPALITY, OR4
OTHER GOVERNMENTAL UNIT AND WHICH FACILITATES , CAUSES, OR IS5
INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO ANOTHER .6
S. "R
ECEIVING STATE" MEANS THE STATE TO WHICH A CHILD IS7
SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.8
T. "R
ELATIVE" MEANS SOMEONE WHO IS RELATED TO THE CHILD9
AS A PARENT, STEP-PARENT, SIBLING BY HALF OR WHOLE BLOOD OR BY10
ADOPTION, GRANDPARENT, AUNT, UNCLE, FIRST COUSIN, OR A11
NON-RELATIVE WITH SUCH SIGNIFICANT TIES TO THE CHILD THAT THEY12
MAY BE REGARDED AS A RELATIVE AS DETERMINED BY THE COURT IN THE13
SENDING STATE.14
U. "R
ESIDENTIAL FACILITY" MEANS A FACILITY PROVIDING A15
LEVEL OF CARE THAT IS SUFFICIENT TO SUBSTITUTE FOR PARENTAL16
RESPONSIBILITY OR FOSTER CARE, AND IS BEYOND WHAT IS NEEDED FOR17
ASSESSMENT OR TREATMENT OF AN ACUTE CONDITION . FOR PURPOSES OF18
THE COMPACT, RESIDENTIAL FACILITIES DO NOT INCLUDE INSTITUTIONS19
PRIMARILY EDUCATIONAL IN CHARACTER , HOSPITALS, OR MEDICAL20
FACILITIES.21
V. "R
ULE" MEANS A WRITTEN DIRECTIVE, MANDATE, STANDARD,22
OR PRINCIPLE ISSUED BY THE INTERSTATE COMMISSION PROMULGATED23
PURSUANT TO ARTICLE XI OF THIS COMPACT THAT IS OF GENERAL24
APPLICABILITY AND THAT IMPLEMENTS , INTERPRETS, OR PRESCRIBES A25
POLICY OR PROVISION OF THE COMPACT . "RULE" HAS THE FORCE AND26
EFFECT OF AN ADMINISTRATIVE RULE IN A MEMBER STATE , AND INCLUDES27
SB24-125
-7- THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.1
W. "S
ENDING STATE" MEANS THE STATE FROM WHICH THE2
PLACEMENT OF A CHILD IS INITIATED.3
X. "S
ERVICE MEMBER'S PERMANENT DUTY STATION" MEANS THE4
MILITARY INSTALLATION WHERE AN ACTIVE DUTY ARMED SERVICES5
MEMBER IS CURRENTLY ASSIGNED AND IS PHYSICALLY LOCATED UNDER6
COMPETENT ORDERS THAT DO NOT SPECIFY THE DUTY AS TEMPORARY .7
Y. "S
ERVICE MEMBER'S STATE OF LEGAL RESIDENCE" MEANS THE8
STATE IN WHICH THE ACTIVE DUTY ARMED SERVICES MEMBER IS9
CONSIDERED A RESIDENT FOR TAX AND VOTING PURPOSES .10
Z. "S
TATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT11
OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN12
I
SLANDS, GUAM, AMERICAN SAMOA, THE NORTHERN MARIANA ISLANDS,13
AND ANY OTHER TERRITORY OF THE UNITED STATES.14
AA. "S
TATE COURT" MEANS A JUDICIAL BODY OF A STATE THAT IS15
VESTED BY LAW WITH RESPONSIBILITY FOR ADJUDICATING CASES16
INVOLVING ABUSE, NEGLECT, DEPRIVATION, DELINQUENCY, OR STATUS17
OFFENSES OF INDIVIDUALS WHO HAVE NOT YET ATTAINED THE AGE OF18
EIGHTEEN (18).19
BB. "S
UPERVISION" MEANS MONITORING PROVIDED BY THE20
RECEIVING STATE ONCE A CHILD HAS BEEN PLACED IN A RECEIVING STATE21
PURSUANT TO THIS COMPACT.22
ARTICLE III.23
APPLICABILITY24
A. E
XCEPT AS OTHERWISE PROVIDED IN ARTICLE III, SECTION B,25
THIS COMPACT SHALL APPLY TO:26
1. T
HE INTERSTATE PLACEMENT OF A CHILD SUBJECT TO ONGOING27
SB24-125
-8- COURT JURISDICTION IN THE SENDING STATE , DUE TO ALLEGATIONS OR1
FINDINGS THAT THE CHILD HAS BEEN ABUSED , NEGLECTED, OR DEPRIVED2
AS DEFINED BY THE LAWS OF THE SENDING STATE , PROVIDED, HOWEVER,3
THAT THE PLACEMENT OF SUCH A CHILD INTO A RESIDENTIAL FACILITY4
SHALL ONLY REQUIRE NOTICE OF RESIDENTIAL PLACEMENT TO THE5
RECEIVING STATE PRIOR TO PLACEMENT .6
2. T
HE INTERSTATE PLACEMENT OF A CHILD ADJUDICATED7
DELINQUENT OR UNMANAGEABLE BASED ON THE LAWS OF THE SENDING8
STATE AND SUBJECT TO ONGOING COURT JURISDICTION OF THE SENDING9
STATE IF:10
a. T
HE CHILD IS BEING PLACED IN A RESIDENTIAL FACILITY IN11
ANOTHER MEMBER STATE AND IS NOT COVERED UNDER ANOTHER12
COMPACT; OR13
b. T
HE CHILD IS BEING PLACED IN ANOTHER MEMBER STATE AND14
THE DETERMINATION OF SAFETY AND SUITABILITY OF THE PLACEMENT AND15
SERVICES REQUIRED IS NOT PROVIDED THROUGH ANOTHER COMPACT .16
3. T
HE INTERSTATE PLACEMENT OF ANY CHILD BY A PUBLIC CHILD17
PLACING AGENCY OR PRIVATE CHILD PLACING AGENCY AS DEFINED IN THE18
COMPACT AS A PRELIMINARY STEP TO A POSSIBLE ADOPTION .19
B. T
HE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO :20
1. T
HE INTERSTATE PLACEMENT OF A CHILD IN A CUSTODY21
PROCEEDING IN WHICH A PUBLIC CHILD PLACING AGENCY IS NOT A PARTY ,22
PROVIDED THE PLACEMENT IS NOT INTENDED TO EFFECTUATE AN23
ADOPTION.24
2. T
HE INTERSTATE PLACEMENT OF A CHILD WITH A NON -RELATIVE25
IN A RECEIVING STATE BY A PARENT WITH THE LEGAL AUTHORITY TO MAKE26
SUCH A PLACEMENT PROVIDED , HOWEVER, THAT THE PLACEMENT IS NOT27
SB24-125
-9- INTENDED TO EFFECTUATE AN ADOPTION .1
3. T
HE INTERSTATE PLACEMENT OF A CHILD BY ONE RELATIVE2
WITH THE LAWFUL AUTHORITY TO MAKE SUCH A PLACEMENT DIRECTLY3
WITH A RELATIVE IN A RECEIVING STATE.4
4. T
HE PLACEMENT OF A CHILD NOT SUBJECT TO ARTICLE III,5
S
ECTION A INTO A RESIDENTIAL FACILITY BY THE CHILD'S PARENT.6
5. T
HE PLACEMENT OF A CHILD WITH A NON -CUSTODIAL PARENT,7
PROVIDED THAT:8
a. T
HE NON-CUSTODIAL PARENT PROVES TO THE SATISFACTION OF9
A COURT IN THE SENDING STATE A SUBSTANTIAL RELATIONSHIP WITH THE10
CHILD; AND11
b. T
HE COURT IN THE SENDING STATE MAKES A WRITTEN FINDING12
THAT PLACEMENT WITH THE NON -CUSTODIAL PARENT IS IN THE BEST13
INTERESTS OF THE CHILD; AND14
c. T
HE COURT IN THE SENDING STATE DISMISSES ITS JURISDICTION15
IN INTERSTATE PLACEMENTS IN WHICH THE PUBLIC CHILD PLACING16
AGENCY IS A PARTY TO THE PROCEEDING .17
6. A
CHILD ENTERING THE UNITED STATES FROM A FOREIGN18
COUNTRY FOR THE PURPOSE OF ADOPTION OR LEAVING THE UNITED19
S
TATES TO GO TO A FOREIGN COUNTRY FOR THE PURPOSE OF ADOPTION IN20
THAT COUNTRY.21
7. C
ASES IN WHICH A UNITED STATES CITIZEN CHILD LIVING22
OVERSEAS WITH THE CHILD'S FAMILY, AT LEAST ONE OF WHOM IS IN THE23
U
NITED STATES ARMED SERVICES, AND WHO IS STATIONED OVERSEAS, IS24
REMOVED AND PLACED IN A STATE .25
8. T
HE SENDING OF A CHILD BY A PUBLIC CHILD PLACING AGENCY26
OR A PRIVATE CHILD PLACING AGENCY FOR A VISIT AS DEFINED BY THE27
SB24-125
-10- RULES OF THE INTERSTATE COMMISSION.1
C. F
OR PURPOSES OF DETERMINING THE APPLICABILITY OF THIS2
COMPACT TO THE PLACEMENT OF A CHILD WITH A FAMILY IN THE ARMED3
S
ERVICES, THE PUBLIC CHILD PLACING AGENCY OR PRIVATE CHILD4
PLACING AGENCY MAY CHOOSE THE STATE OF THE SERVICE MEMBER 'S5
PERMANENT DUTY STATION OR THE SERVICE MEMBER 'S DECLARED LEGAL6
RESIDENCE.7
D. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT8
THE CONCURRENT APPLICATION OF THE PROVISIONS OF THIS COMPACT9
WITH OTHER APPLICABLE INTERSTATE COMPACTS , INCLUDING THE10
I
NTERSTATE COMPACT FOR JUVENILES AND THE INTERSTATE COMPACT ON11
A
DOPTION AND MEDICAL ASSISTANCE. THE INTERSTATE COMMISSION12
MAY IN COOPERATION WITH OTHER INTERSTATE COMPACT COMMISSIONS13
HAVING RESPONSIBILITY FOR THE INTERSTATE MOVEMENT , PLACEMENT,14
OR TRANSFER OF CHILDREN, PROMULGATE LIKE RULES TO ENSURE THE15
COORDINATION OF SERVICES, TIMELY PLACEMENT OF CHILDREN, AND THE16
REDUCTION OF UNNECESSARY OR DUPLICATIVE ADMINISTRATIVE OR17
PROCEDURAL REQUIREMENTS .18
ARTICLE IV.19
JURISDICTION20
A. E
XCEPT AS PROVIDED IN ARTICLE IV, SECTION H, AND ARTICLE21
V,
SECTION B, PARAGRAPHS TWO AND THREE CONCERNING PRIVATE AND22
INDEPENDENT ADOPTIONS, AND IN INTERSTATE PLACEMENTS IN WHICH THE23
PUBLIC CHILD PLACING AGENCY IS NOT A PARTY TO A CUSTODY24
PROCEEDING, THE SENDING STATE SHALL RETAIN JURISDICTION OVER A25
CHILD WITH RESPECT TO ALL MATTERS OF CUSTODY AND DISPOSITION OF26
THE CHILD WHICH IT WOULD HAVE HAD IF THE CHILD HAD REMAINED IN27
SB24-125
-11- THE SENDING STATE. SUCH JURISDICTION SHALL ALSO INCLUDE THE POWER1
TO ORDER THE RETURN OF THE CHILD TO THE SENDING STATE .2
B. W
HEN AN ISSUE OF CHILD PROTECTION OR CUSTODY IS3
BROUGHT BEFORE A COURT IN THE RECEIVING STATE , SUCH COURT SHALL4
CONFER WITH THE COURT OF THE SENDING STATE TO DETERMINE THE MOST5
APPROPRIATE FORUM FOR ADJUDICATION .6
C. I
N CASES THAT ARE BEFORE COURTS AND SUBJECT TO THIS7
COMPACT, THE TAKING OF TESTIMONY FOR HEARINGS BEFORE ANY8
JUDICIAL OFFICER MAY OCCUR IN PERSON OR BY TELEPHONE , AUDIO-VIDEO9
CONFERENCE, OR SUCH OTHER MEANS AS APPROVED BY THE RULES OF THE10
I
NTERSTATE COMMISSION; AND JUDICIAL OFFICERS MAY COMMUNICATE11
WITH OTHER JUDICIAL OFFICERS AND PERSONS INVOLVED IN THE12
INTERSTATE PROCESS AS MAY BE PERMITTED BY THEIR CANONS OF13
J
UDICIAL CONDUCT AND ANY RULES PROMULGATED BY THE INTERSTATE14
C
OMMISSION.15
D. I
N ACCORDANCE WITH ITS OWN LAWS , THE COURT IN THE16
SENDING STATE SHALL HAVE AUTHORITY TO TERMINATE ITS JURISDICTION17
IF:18
1. T
HE CHILD IS REUNIFIED WITH THE PARENT IN THE RECEIVING19
STATE WHO IS THE SUBJECT OF ALLEGATIONS OR FINDINGS OF ABUSE OR20
NEGLECT, ONLY WITH THE CONCURRENCE OF THE PUBLIC CHILD PLACING21
AGENCY IN THE RECEIVING STATE; OR22
2. T
HE CHILD IS ADOPTED; OR23
3. T
HE CHILD REACHES THE AGE OF MAJORITY UNDER THE LAWS OF24
THE SENDING STATE; OR25
4. T
HE CHILD ACHIEVES LEGAL INDEPENDENCE PURSUANT TO THE26
LAWS OF THE SENDING STATE; OR27
SB24-125
-12- 5. A GUARDIANSHIP IS CREATED BY A COURT IN THE RECEIVING1
STATE WITH THE CONCURRENCE OF THE COURT IN THE SENDING STATE ; OR2
6. A
N INDIAN TRIBE HAS PETITIONED FOR AND RECEIVED3
JURISDICTION FROM THE COURT IN THE SENDING STATE ; OR4
7. T
HE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE5
REQUESTS TERMINATION AND HAS OBTAINED THE CONCURRENCE OF THE6
PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE .7
E. W
HEN A SENDING STATE COURT TERMINATES ITS JURISDICTION ,8
THE RECEIVING STATE CHILD PLACING AGENCY SHALL BE NOTIFIED .9
F. N
OTHING IN THIS ARTICLE SHALL DEFEAT A CLAIM OF10
JURISDICTION BY A RECEIVING STATE COURT SUFFICIENT TO DEAL WITH AN11
ACT OF TRUANCY, DELINQUENCY, CRIME, OR BEHAVIOR INVOLVING A12
CHILD AS DEFINED BY THE LAWS OF THE RECEIVING STATE COMMITTED BY13
THE CHILD IN THE RECEIVING STATE WHICH WOULD BE A VIOLATION OF ITS14
LAWS.15
G. N
OTHING IN THIS ARTICLE SHALL LIMIT THE RECEIVING STATE'S16
ABILITY TO TAKE EMERGENCY JURISDICTION FOR THE PROTECTION OF THE17
CHILD.18
H. T
HE SUBSTANTIVE LAWS OF THE STATE IN WHICH AN ADOPTION19
WILL BE FINALIZED SHALL SOLELY GOVERN ALL ISSUES RELATING TO THE20
ADOPTION OF THE CHILD, AND THE COURT IN WHICH THE ADOPTION21
PROCEEDING IS FILED SHALL HAVE SUBJECT MATTER JURISDICTION22
REGARDING ALL SUBSTANTIVE ISSUES RELATING TO THE ADOPTION ,23
EXCEPT:24
1. W
HEN THE CHILD IS A WARD OF ANOTHER COURT THAT25
ESTABLISHED JURISDICTION OVER THE CHILD PRIOR TO THE PLACEMENT ;26
OR27
SB24-125
-13- 2. WHEN THE CHILD IS IN THE LEGAL CUSTODY OF A PUBLIC1
AGENCY IN THE SENDING STATE; OR2
3. W
HEN A COURT IN THE SENDING STATE HAS OTHERWISE3
APPROPRIATELY ASSUMED JURISDICTION OVER THE CHILD , PRIOR TO THE4
SUBMISSION OF THE REQUEST FOR APPROVAL OF PLACEMENT .5
I. A
FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY6
JURISDICTION UNTIL THE PLACEMENT IS AUTHORIZED AS AN "APPROVED7
PLACEMENT" BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING8
STATE.9
ARTICLE V.10
PLACEMENT EVALUATION11
A. P
RIOR TO SENDING, BRINGING, OR CAUSING A CHILD TO BE SENT12
OR BROUGHT INTO A RECEIVING STATE , THE PUBLIC CHILD PLACING13
AGENCY SHALL PROVIDE A WRITTEN REQUEST FOR ASSESSMENT TO THE14
RECEIVING STATE.15
B. F
OR PLACEMENTS BY A PRIVATE CHILD PLACING AGENCY , A16
CHILD MAY BE SENT OR BROUGHT , OR CAUSED TO BE SENT OR BROUGHT ,17
INTO A RECEIVING STATE, UPON RECEIPT AND IMMEDIATE REVIEW OF THE18
REQUIRED CONTENT IN A REQUEST FOR APPROVAL OF A PLACEMENT IN19
BOTH THE SENDING AND RECEIVING STATE PUBLIC CHILD PLACING20
AGENCY. THE REQUIRED CONTENT TO ACCOMPANY A REQUEST FOR21
APPROVAL SHALL INCLUDE ALL OF THE FOLLOWING :22
1. A
REQUEST FOR APPROVAL IDENTIFYING THE CHILD , BIRTH23
PARENT(S), THE PROSPECTIVE ADOPTIVE PARENT(S), AND THE SUPERVISING24
AGENCY, SIGNED BY THE PERSON REQUESTING APPROVAL ; AND25
2. T
HE APPROPRIATE CONSENTS OR RELINQUISHMENTS SIGNED BY26
THE BIRTH-PARENT(S) IN ACCORDANCE WITH THE LAWS OF THE SENDING27
SB24-125
-14- STATE, OR WHERE PERMITTED , THE LAWS OF THE STATE WHERE THE1
ADOPTION WILL BE FINALIZED; AND2
3. C
ERTIFICATION BY A LICENSED ATTORNEY OR AUTHORIZED3
AGENT OF A PRIVATE ADOPTION AGENCY THAT THE CONSENT OR4
RELINQUISHMENT IS IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE5
SENDING STATE, OR, WHERE PERMITTED, THE LAWS OF THE STATE WHERE6
FINALIZATION OF THE ADOPTION WILL OCCUR ; AND7
4. A
HOME STUDY; AND8
5. A
N ACKNOWLEDGMENT OF LEGAL RISK SIGNED BY THE9
PROSPECTIVE ADOPTIVE PARENT (S).10
C. T
HE SENDING STATE AND THE RECEIVING STATE MAY REQUEST11
ADDITIONAL INFORMATION OR DOCUMENTS PRIOR TO FINALIZATION OF AN12
APPROVED PLACEMENT , BUT THEY MAY NOT DELAY TRAVEL BY THE13
PROSPECTIVE ADOPTIVE PARENT (S) WITH THE CHILD IF THE REQUIRED14
CONTENT FOR APPROVAL HAS BEEN SUBMI TTED , RECEIVED, AND REVIEWED15
BY THE PUBLIC CHILD PLACING AGENCY IN BOTH THE SENDING STATE AND16
THE RECEIVING STATE.17
D. A
PPROVAL FROM THE PUBLIC CHILD PLACING AGENCY IN THE18
RECEIVING STATE FOR PROVISIONAL OR APPROVED PLACEMENT IS19
REQUIRED AS PROVIDED FOR IN THE RULES OF THE INTERSTATE20
C
OMMISSION.21
E. T
HE PROCEDURES FOR MAKING AND THE REQUEST FOR AN22
ASSESSMENT SHALL CONTAIN ALL INFORMATION AND BE IN SUCH FORM AS23
PROVIDED FOR IN THE RULES OF THE INTERSTATE COMMISSION.24
F. U
PON RECEIPT OF A REQUEST FROM THE PUBLIC CHILD PLACING25
AGENCY OF THE SENDING STATE, THE RECEIVING STATE SHALL INITIATE AN26
ASSESSMENT OF THE PROPOSED PLACEMENT TO DETERMINE ITS SAFETY27
SB24-125
-15- AND SUITABILITY. IF THE PROPOSED PLACEMENT IS A PLACEMENT WITH A1
RELATIVE, THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE2
MAY REQUEST A DETERMINATION FOR A PROVISIONAL PLACEMENT .3
G. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE4
MAY REQUEST FROM THE PUBLIC CHILD PLACING AGENCY OR THE PRIVATE5
CHILD PLACING AGENCY IN THE SENDING STATE , AND SHALL BE ENTITLED6
TO RECEIVE, SUPPORTING OR ADDITIONAL INFORMATION NECESSARY TO7
COMPLETE THE ASSESSMENT OR APPROVE PLACEMENT .8
H. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE9
SHALL APPROVE A PROVISIONAL PLACEMENT AND COMPLETE OR ARRANGE10
FOR THE COMPLETION OF THE ASSESSMENT WITHIN THE TIME FRAMES11
ESTABLISHED BY THE RULES OF THE INTERSTATE COMMISSION.12
I. F
OR A PLACEMENT BY A PRIVATE CHILD PLACING AGENCY , THE13
SENDING STATE SHALL NOT IMPOSE ANY ADDITIONAL REQUIREMENTS TO14
COMPLETE THE HOME STUDY THAT ARE NOT REQUIRED BY THE RECEIVING15
STATE, UNLESS THE ADOPTION IS FINALIZED IN THE SENDING STATE .16
J. T
HE INTERSTATE COMMISSION MAY DEVELOP UNIFORM17
STANDARDS FOR THE ASSESSMENT OF THE SAFETY AND SUITABILITY OF18
INTERSTATE PLACEMENTS.19
ARTICLE VI.20
PLACEMENT AUTHORITY21
A. E
XCEPT AS OTHERWISE PROVIDED IN THIS COMPACT , NO CHILD22
SUBJECT TO THIS COMPACT SHALL BE PLACED INTO A RECEIVING STATE23
UNTIL APPROVAL FOR SUCH PLACEMENT IS OBTAINED .24
B. I
F THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE25
DOES NOT APPROVE THE PROPOSED PLACEMENT , THEN THE CHILD SHALL26
NOT BE PLACED. THE RECEIVING STATE SHALL PROVIDE WRITTEN27
SB24-125
-16- DOCUMENTATION OF ANY SUCH DETERMINATION IN ACCORDANCE WITH1
THE RULES PROMULGATED BY THE INTERSTATE COMMISSION. SUCH2
DETERMINATION IS NOT SUBJECT TO JUDICIAL REVIEW IN THE SENDING3
STATE.4
C. I
F THE PROPOSED PLACEMENT IS NOT APPROVED , ANY5
INTERESTED PARTY SHALL HAVE STANDING TO SEEK AN ADMINISTRATIVE6
REVIEW OF THE RECEIVING STATE'S DETERMINATION.7
1. T
HE ADMINISTRATIVE REVIEW AND ANY FURTHER JUDICIAL8
REVIEW ASSOCIATED WITH THE D ETERMINATION SHALL BE CONDUCTED IN9
THE RECEIVING STATE PURSUANT TO ITS APPLICABLE ADMINISTRATIVE10
P
ROCEDURES ACT.11
2. I
F A DETERMINATION NOT TO APPROVE THE PLACEMENT OF THE12
CHILD IN THE RECEIVING STATE IS OVERTURNED UPON REVIEW , THE13
PLACEMENT SHALL BE DEEMED APPROVED , PROVIDED, HOWEVER, THAT14
ALL ADMINISTRATIVE OR JUDICIAL REMEDIES HAVE BEEN EXHAUSTED OR15
THE TIME FOR SUCH REMEDIES HAS PASSED .16
ARTICLE VII.17
PLACING AGENCY RESPONSIBILITY18
A. F
OR THE INTERSTATE PLACEMENT OF A CHILD MADE BY A19
PUBLIC CHILD PLACING AGENCY OR STATE COURT :20
1. T
HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE21
SHALL HAVE FINANCIAL RESPONSIBILITY FOR :22
a. T
HE ONGOING SUPPORT AND MAINTENANCE FOR THE CHILD23
DURING THE PERIOD OF THE PLACEMENT , UNLESS OTHERWISE PROVIDED24
FOR IN THE RECEIVING STATE; AND25
b. A
S DETERMINED BY THE PUBLIC CHILD PLACING AGENCY IN THE26
SENDING STATE, SERVICES FOR THE CHILD BEYOND THE PUBLIC SERVICES27
SB24-125
-17- FOR WHICH THE CHILD IS ELIGIBLE IN THE RECEIVING STATE.1
2. T
HE RECEIVING STATE SHALL ONLY HAVE FINANCIAL2
RESPONSIBILITY FOR:3
a. A
NY ASSESSMENT CONDUCTED BY THE RECEIVING STATE ; AND4
b. S
UPERVISION CONDUCTED BY THE RECEIVING STATE AT THE5
LEVEL NECESSARY TO SUPPORT THE PLACEMENT AS AGREED UPON BY THE6
PUBLIC CHILD PLACING AGENCIES OF THE RECEIVING AND SENDING STATES .7
3. N
OTHING IN THIS PROVISION SHALL PROHIBIT PUBLIC CHILD8
PLACING AGENCIES IN THE SENDING STATE FROM ENTERING INTO9
AGREEMENTS WITH LICENSED AGENCIES OR PERSONS IN THE RECEIVING10
STATE TO CONDUCT ASSESSMENTS AND PROVIDE SUPERVISION .11
B. F
OR THE PLACEMENT OF A CHILD BY A PRIVATE CHILD PLACING12
AGENCY PRELIMINARY TO A POSSIBLE ADOPTION , THE PRIVATE CHILD13
PLACING AGENCY SHALL BE:14
1. L
EGALLY RESPONSIBLE FOR THE CHILD DURING THE PERIOD OF15
PLACEMENT AS PROVIDED FOR IN THE LAW OF THE SENDING STATE UNTIL16
THE FINALIZATION OF THE ADOPTION.17
2. F
INANCIALLY RESPONSIBLE FOR THE CHILD ABSENT A18
CONTRACTUAL AGREEMENT TO THE CONTRARY .19
C. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE20
SHALL PROVIDE TIMELY ASSESSMENTS , AS PROVIDED FOR IN THE RULES OF21
THE INTERSTATE COMMISSION.22
D. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE23
SHALL PROVIDE, OR ARRANGE FOR THE PROVISION OF, SUPERVISION AND24
SERVICES FOR THE CHILD, INCLUDING TIMELY REPORTS , DURING THE25
PERIOD OF THE PLACEMENT.26
E. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED AS TO LIMIT27
SB24-125
-18- THE AUTHORITY OF THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING1
STATE FROM CONTRACTING WITH A LICENSED AGENCY OR PERSON IN THE2
RECEIVING STATE FOR AN ASSESSMENT OR THE PROVISION OF SUPERVISION3
OR SERVICES FOR THE CHILD OR OTHERWISE AUTHORIZING THE PROVISION4
OF SUPERVISION OR SERVICES BY A LICENSED AGENCY DURING THE PERIOD5
OF PLACEMENT.6
F. E
ACH MEMBER STATE SHALL PROVIDE FOR COORDINATION7
AMONG ITS BRANCHES OF GOVERNMENT CONCERNING THE STATE 'S8
PARTICIPATION IN, AND COMPLIANCE WITH , THE COMPACT AND9
I
NTERSTATE COMMISSION ACTIVITIES, THROUGH THE CREATION OF AN10
ADVISORY COUNCIL OR USE OF AN EXISTING BODY OR BOARD .11
G. E
ACH MEMBER STATE SHALL ESTABLISH A CENTRAL STATE12
COMPACT OFFICE, WHICH SHALL BE RESPONSIBLE FOR STATE COMPLIANCE13
WITH THE COMPACT AND THE RULES OF THE INTERSTATE COMMISSION.14
H. T
HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE15
SHALL OVERSEE COMPLIANCE WITH THE PROVISIONS OF THE INDIAN CHILD16
W
ELFARE ACT (25 U.S.C. 1901 ET SEQ.) FOR PLACEMENTS SUBJECT TO17
THE PROVISIONS OF THIS COMPACT, PRIOR TO PLACEMENT.18
I. W
ITH THE CONSENT OF THE INTERSTATE COMMISSION, STATES19
MAY ENTER INTO LIMITED AGREEMENTS THAT FACILITATE THE TIMELY20
ASSESSMENT AND PROVISION OF SERVICES AND SUPERVISION OF21
PLACEMENTS UNDER THIS COMPACT .22
ARTICLE VIII.23
INTERSTATE COMMISSION FOR THE PLACEMENT24
OF CHILDREN25
T
HE MEMBER STATES HEREBY ESTABLISH , BY WAY OF THIS COMPACT, A26
COMMISSION KNOWN AS THE "INTERSTATE COMMISSION FOR THE27
SB24-125
-19- PLACEMENT OF CHILDREN". THE ACTIVITIES OF THE INTERSTATE1
C
OMMISSION ARE THE FORMATION OF PUBLIC POLICY AND ARE A2
DISCRETIONARY STATE FUNCTION . THE INTERSTATE COMMISSION SHALL:3
A. B
E A JOINT COMMISSION OF THE MEMBER STATES AND SHALL4
HAVE THE RESPONSIBILITIES, POWERS, AND DUTIES SET FORTH HEREIN,5
AND SUCH ADDITIONAL POWERS AS MAY BE CONFERRED UPON IT BY6
SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE LEGISLATURES OF7
THE MEMBER STATES.8
B. C
ONSIST OF ONE COMMISSIONER FROM EACH MEMBER STATE9
WHO SHALL BE APPOINTED BY THE EXECUTIVE HEAD OF THE STATE HUMAN10
SERVICES ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE11
CHILD WELFARE PROGRAM . THE APPOINTED COMMISSIONER SHALL HAVE12
THE LEGAL AUTHORITY TO VOTE ON POLICY-RELATED MATTERS GOVERNED13
BY THIS COMPACT BINDING THE STATE.14
1. E
ACH MEMBER STATE REPRESENTED AT A MEETING OF THE15
I
NTERSTATE COMMISSION IS ENTITLED TO ONE VOTE.16
2. A
MAJORITY OF THE MEMBER STATES SHALL CONSTITUTE A17
QUORUM FOR THE TRANSACTION OF BUSINESS , UNLESS A LARGER QUORUM18
IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION.19
3. A
REPRESENTATIVE SHALL NOT DELEGATE A VOTE TO ANOTHER20
MEMBER STATE.21
4. A
REPRESENTATIVE MAY DELEGATE VOTING AUTHORITY TO22
ANOTHER PERSON FROM THEIR STATE FOR A SPECIFIED MEETING .23
C. I
N ADDITION TO THE COMMISSIONERS OF EACH MEMBER STATE ,24
THE INTERSTATE COMMISSION SHALL INCLUDE PERSONS WHO ARE25
MEMBERS OF INTERESTED ORGANIZATIONS AS DEFINED IN THE BYLAWS OR26
RULES OF THE INTERSTATE COMMISSION. SUCH MEMBERS SHALL BE EX27
SB24-125
-20- OFFICIO AND SHALL NOT BE ENTITLED TO VOTE ON ANY MA TTER BEFORE1
THE INTERSTATE COMMISSION.2
D. E
STABLISH AN EXECUTIVE COMMITTEE WHICH SHALL HAVE THE3
AUTHORITY TO ADMINISTER THE DAY -TO-DAY OPERATIONS AND4
ADMINISTRATION OF THE INTERSTATE COMMISSION. IT SHALL NOT HAVE5
THE POWER TO ENGAGE IN RULEMAKING .6
ARTICLE IX.7
POWERS AND DUTIES OF THE8
INTERSTATE COMMISSION9
T
HE INTERSTATE COMMISSION SHALL HAVE THE FOLLOWING POWERS :10
A. T
O PROMULGATE RULES AND TAKE ALL NECESSARY ACTIONS TO11
EFFECT THE GOALS, PURPOSES, AND OBLIGATIONS AS ENUMERATED IN THIS12
COMPACT.13
B. T
O PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES .14
C. T
O ISSUE, UPON REQUEST OF A MEMBER STATE , ADVISORY15
OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF THE16
INTERSTATE COMPACT, ITS BYLAWS, RULES, OR ACTIONS.17
D. T
O ENFORCE COMPLIANCE WITH THIS COMPACT OR THE BYLAWS18
OR RULES OF THE INTERSTATE COMMISSION PURSUANT TO ARTICLE XII.19
E. T
O COLLECT STANDARDIZED DATA CONCERNING THE20
INTERSTATE PLACEMENT OF CHILDREN SUBJECT TO THIS COMPACT AS21
DIRECTED THROUGH ITS RULES, WHICH SHALL SPECIFY THE DATA TO BE22
COLLECTED, THE MEANS OF COLLECTION , AND DATA EXCHANGE AND23
REPORTING REQUIREMENTS .24
F. T
O ESTABLISH AND MAINTAIN OFFICES AS MAY BE NECESSARY25
FOR THE TRANSACTING OF ITS BUSINESS.26
G. T
O PURCHASE AND MAINTAIN INSURANCE AND BONDS .27
SB24-125
-21- H. TO HIRE OR CONTRACT FOR SERVICES OF PERSONNEL OR1
CONSULTANTS AS NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THE2
COMPACT AND ESTABLISH PERSONNEL QUALIFICATION POLICIES AND3
RATES OF COMPENSATION.4
I. T
O ESTABLISH AND APPOIN T COMMITTEES AND OFFICERS5
INCLUDING, BUT NOT LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED6
BY ARTICLE X.7
J. T
O ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY ,8
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE,9
UTILIZE, AND DISPOSE THEREOF.10
K. T
O LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS11
OF, OR OTHERWISE TO OWN, HOLD, IMPROVE, OR USE ANY PROPERTY, REAL,12
PERSONAL, OR MIXED.13
L. T
O SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,14
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL,15
OR MIXED.16
M. T
O ESTABLISH A BUDGET AND MAKE EXPENDITURES .17
N. T
O ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT18
AND OPERATION OF THE INTERSTATE COMMISSION.19
O. T
O REPORT ANNUALLY TO THE LEGISLATURES , GOVERNORS, THE20
JUDICIARY, AND STATE ADVISORY COUNCILS OF THE MEMBER STATES21
CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING22
THE PRECEDING YEAR . SUCH REPORTS SHALL ALSO INCLUDE ANY23
RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTERSTATE24
C
OMMISSION.25
P. T
O COORDINATE AND PROVIDE EDUCATION , TRAINING, AND26
PUBLIC AWARENESS REGARDING THE INTERSTATE MOVEMENT OF27
SB24-125
-22- CHILDREN FOR OFFICIALS INVOLVED IN SUCH ACTIVITY .1
Q. T
O MAINTAIN BOOKS AND RECORDS IN ACCORDANCE WITH THE2
BYLAWS OF THE INTERSTATE COMMISSION.3
R. T
O PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR4
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT .5
ARTICLE X.6
ORGANIZATION AND OPERATION OF THE7
INTERSTATE COMMISSION8
A. B
YLAWS9
1. W
ITHIN 12 MONTHS AFTER THE FIRST INTERSTATE COMMISSION10
MEETING, THE INTERSTATE COMMISSION SHALL ADOPT BYLAWS TO11
GOVERN ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY12
OUT THE PURPOSES OF THE COMPACT .13
2. T
HE INTERSTATE COMMISSION'S BYLAWS AND RULES SHALL14
ESTABLISH CONDITIONS AND PROCEDURES UNDER WHICH THE INTERSTATE15
C
OMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL RECORDS16
AVAILABLE TO THE PUBLIC FOR INSPECTION OR COPYING . THE INTERSTATE17
C
OMMISSION MAY EXEMPT FROM DISCLOSURE INFORMATION OR OFFICIAL18
RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT PERSONAL19
PRIVACY RIGHTS OR PROPRIETARY INTERESTS .20
B. M
EETINGS21
1. T
HE INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE22
EACH CALENDAR YEAR . THE CHAIRPERSON MAY CALL ADDITIONAL23
MEETINGS AND UPON THE REQUEST OF A SIMPLE MAJORITY OF THE24
MEMBER STATES SHALL CALL ADDITIONAL MEETINGS .25
2. P
UBLIC NOTICE SHALL BE GIVEN BY THE INTERSTATE26
C
OMMISSION OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN TO THE27
SB24-125
-23- PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED1
IN THE COMPACT. THE INTERSTATE COMMISSION AND ITS COMMITTEES2
MAY CLOSE A MEETING, OR PORTION THEREOF, WHERE IT DETERMINES BY3
TWO-THIRDS VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO :4
a. R
ELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL5
PERSONNEL PRACTICES AND PROCEDURES ; OR6
b. D
ISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE7
BY FEDERAL LAW; OR8
c. D
ISCLOSE FINANCIAL OR COMMERCIAL INFORMATION WHICH IS9
PRIVILEGED, PROPRIETARY, OR CONFIDENTIAL IN NATURE; OR10
d. I
NVOLVE ACCUSING A PERSON OF A CRIME , OR FORMALLY11
CENSURING A PERSON; OR12
e. D
ISCLOSE INFORMATION OF A PERSONAL NATURE WHERE13
DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF14
PERSONAL PRIVACY OR PHYSICALLY ENDANGER ONE OR MORE PERSONS ;15
OR16
f. D
ISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW17
ENFORCEMENT PURPOSES ; OR18
g. S
PECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S19
PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING .20
3. F
OR A MEETING, OR A PORTION OF A MEETING , CLOSED21
PURSUANT TO THIS PROVISION, THE INTERSTATE COMMISSION'S LEGAL22
COUNSEL OR DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE23
CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTION PROVISION .24
T
HE INTERSTATE COMMISSION SHALL KEEP MINUTES WHICH SHALL FULLY25
AND CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND26
SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN ,27
SB24-125
-24- AND THE REASONS THEREFORE , INCLUDING A DESCRIPTION OF THE VIEWS1
EXPRESSED AND A RECORD OF A ROLL CALL VOTE . ALL DOCUMENTS2
CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN3
SUCH MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED MEETING4
SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE5
OF THE INTERSTATE COMMISSION OR BY COURT ORDER .6
4. T
HE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE7
C
OMMISSION TO BE CONDUCTED BY TELECOMMUNICATION OR OTHER8
ELECTRONIC COMMUNICATION .9
C. O
FFICERS AND STAFF10
1. T
HE INTERSTATE COMMISSION MAY, THROUGH ITS EXECUTIVE11
COMMITTEE, APPOINT OR RETAIN A STAFF DIRECTOR FOR SUCH PERIOD ,12
UPON SUCH TERMS AND CONDITIONS AND FOR SUCH COMPENSATION AS13
THE INTERSTATE COMMISSION MAY DEEM APPROPRIATE . THE STAFF14
DIRECTOR SHALL SERVE AS SECRETARY TO THE INTERSTATE COMMISSION,15
BUT SHALL NOT HAVE A VOTE . THE STAFF DIRECTOR MAY HIRE AND16
SUPERVISE SUCH OTHER STAFF AS MAY BE AUTHORIZED BY THE17
I
NTERSTATE COMMISSION.18
2. T
HE INTERSTATE COMMISSION SHALL ELECT, FROM AMONG ITS19
MEMBERS, A CHAIRPERSON AND A VICE CHAIRPERSON OF THE EXECUTIVE20
COMMITTEE AND OTHER NECESSARY OFFICERS , EACH OF WHOM SHALL21
HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECIFIED IN THE BYLAWS .22
D. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION23
1. T
HE INTERSTATE COMMISSION'S STAFF DIRECTOR AND ITS24
EMPLOYEES SHALL BE IMMUNE FROM SUIT AND LIABILITY , EITHER25
PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR A CLAIM FOR DAMAGE26
TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY27
SB24-125
-25- CAUSED OR ARISING OUT OF OR RELATING TO AN ACTUAL OR ALLEGED ACT ,1
ERROR, OR OMISSION THAT OCCURRED , OR THAT SUCH PERSON HAD A2
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF3
I
NTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;4
PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR5
LIABILITY FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY A6
CRIMINAL ACT OR THE INTENTIONAL OR WILLFUL AND WANTON7
MISCONDUCT OF SUCH PERSON .8
a. T
HE LIABILITY OF THE INTERSTATE COMMISSION'S STAFF9
DIRECTOR AND EMPLOYEES OR INTERSTATE COMMISSION10
REPRESENTATIVES, ACTING WITHIN THE SCOPE OF SUCH PERSON 'S11
EMPLOYMENT OR DUTIES FOR ACTS , ERRORS, OR OMISSIONS OCCURRING12
WITHIN SUCH PERSON'S STATE MAY NOT EXCEED THE LIMITS OF LIABILITY13
SET FORTH UNDER THE CONSTITUTION AND LAWS OF THAT STATE FOR14
STATE OFFICIALS, EMPLOYEES, AND AGENTS . THE INTERSTATE15
C
OMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES16
FOR THE PURPOSES OF ANY SUCH ACTION . NOTHING IN THIS SUBSECTION17
SHALL BE CONSTRUED TO PROTECT SUCH PERSON FROM SUIT OR LIABILITY18
FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL ACT OR19
THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH20
PERSON.21
b. T
HE INTERSTATE COMMISSION SHALL DEFEND THE STAFF22
DIRECTOR AND ITS EMPLOYEES AND , SUBJECT TO THE APPROVAL OF THE23
A
TTORNEY GENERAL OR OTHER APPROPRIATE LEGAL COUNSEL OF THE24
MEMBER STATE, SHALL DEFEND THE COMMISSIONER OF A MEMBER STATE25
IN A CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF AN26
ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN27
SB24-125
-26- THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR1
RESPONSIBILITIES, OR THAT THE DEFENDANT HAD A REASONABLE BASIS2
FOR BELIEVING OCCURRED WITHIN THE SCOPE OF INTERSTATE3
C
OMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES, PROVIDED4
THAT THE ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION DID NOT RESULT5
FROM INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT ON THE PART6
OF SUCH PERSON.7
c. T
O THE EXTENT NOT COVERED BY THE STATE INVOLVED ,8
MEMBER STATE, OR THE INTERSTATE COMMISSION, THE REPRESENTATIVES9
OR EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE HELD10
HARMLESS IN THE AMOUNT OF A SETTLEMENT OR JUDGEMENT , INCLUDING11
ATTORNEY'S FEES AND COSTS, OBTAINED AGAINST SUCH PERSONS ARISING12
OUT OF AN ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT13
OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT ,14
DUTIES, OR RESPONSIBILITIES, OR THAT THE DEFENDANT HAD A15
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF16
I
NTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,17
PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID18
NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT19
ON THE PART OF SUCH PERSON.20
ARTICLE XI.21
RULEMAKING FUNCTIONS OF THE22
INTERSTATE COMMISSION23
A. T
HE INTERSTATE COMMISSION SHALL PROMULGATE AND24
PUBLISH RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE25
PURPOSES OF THE COMPACT.26
B. R
ULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET27
SB24-125
-27- FORTH IN THIS ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT1
THERETO. SUCH RULEMAKING SHALL SUBSTANTIALLY CONFORM TO THE2
PRINCIPLES OF THE "MODEL STATE ADMINISTRATIVE PROCEDURES ACT",3
1981
ACT, UNIFORM LAWS ANNOTATED, VOL. 15, P. 1 (2000), OR SUCH4
OTHER ADMINISTRATIVE PROCEDURE ACTS AS THE INTERSTATE5
C
OMMISSION DEEMS APPROPRIATE CONSISTENT WITH DUE PROCESS6
REQUIREMENTS UNDER THE UNITED STATES CONSTITUTION AS NOW OR7
HEREAFTER INTERPRETED BY THE U.S. SUPREME COURT. ALL RULES AND8
AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED , AS9
PUBLISHED WITH THE FINAL VERSION OF THE RULE AS APPROVED BY THE10
I
NTERSTATE COMMISSION.11
C. W
HEN PROMULGATING A RULE, THE INTERSTATE COMMISSION12
SHALL, AT A MINIMUM:13
1. P
UBLISH THE PROPOSED RULE 'S ENTIRE TEXT STATING THE14
REASON(S) FOR THAT PROPOSED RULE; AND15
2. A
LLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN16
DATA, FACTS, OPINIONS, AND ARGUMENTS, WHICH INFORMATION SHALL BE17
ADDED TO THE RECORD, AND BE MADE PUBLICLY AVAILABLE ; AND18
3. P
ROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE , IF19
APPROPRIATE, BASED ON INPUT FROM STATE OR LOCAL OFFICIALS OR20
INTERESTED PARTIES.21
D. R
ULES PROMULGATED BY THE INTERSTATE COMMISSION SHALL22
HAVE THE FORCE AND EFFECT OF ADMINISTRATIVE RULES AND SHALL BE23
BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER24
PROVIDED FOR IN THIS COMPACT.25
E. N
OT LATER THAN 60 DAYS AFTER A RULE IS PROMULGATED, AN26
INTERESTED PERSON MAY FILE A PETITION IN THE U.S. DISTRICT COURT27
SB24-125
-28- FOR THE DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT1
WHERE THE INTERSTATE COMMISSION'S PRINCIPAL OFFICE IS LOCATED FOR2
JUDICIAL REVIEW OF SUCH RULE . IF THE COURT FINDS THAT THE3
I
NTERSTATE COMMISSION'S ACTION IS NOT SUPPORTED BY SUBSTANTIAL4
EVIDENCE IN THE RULEMAKING RECORD , THE COURT SHALL HOLD THE5
RULE UNLAWFUL AND SET IT ASIDE.6
F. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES7
REJECTS A RULE, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR8
RESOLUTION IN THE SAME MANNER USED TO ADOPT THE COMPACT , CAUSE9
THAT SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY10
MEMBER STATE.11
G. T
HE EXISTING RULES GOVERNING THE OPERATION OF THE12
I
NTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN SUPERSEDED BY13
THIS ACT SHALL BE NULL AND VOID NO LESS THAN 12, BUT NO MORE THAN14
24,
MONTHS AFTER THE FIRST MEETING OF THE INTERSTATE COMMISSION15
CREATED HEREUNDER , AS DETERMINED BY THE MEMBERS DURING THE16
FIRST MEETING.17
H. W
ITHIN THE FIRST 12 MONTHS OF OPERATION, THE INTERSTATE18
C
OMMISSION SHALL PROMULGATE RULES ADDRESSING THE FOLLOWING :19
1. T
RANSITION RULES.20
2. F
ORMS AND PROCEDURES.21
3. T
IME LINES.22
4. D
ATA COLLECTION AND REPORTING .23
5. R
ULEMAKING.24
6. V
ISITATION.25
7. P
ROGRESS REPORTS/SUPERVISION.26
8. S
HARING OF INFORMATION/CONFIDENTIALITY.27
SB24-125
-29- 9. FINANCING OF THE INTERSTATE COMMISSION.1
10. M
EDIATION, ARBITRATION, AND DISPUTE RESOLUTION.2
11. E
DUCATION, TRAINING, AND TECHNICAL ASSISTANCE.3
12. E
NFORCEMENT.4
13. C
OORDINATION WITH OTHER INTERSTATE COMPACTS .5
I. U
PON DETERMINATION BY A MAJORITY OF THE MEMBERS OF THE6
I
NTERSTATE COMMISSION THAT AN EMERGENCY EXISTS :7
1. T
HE INTERSTATE COMMISSION MAY PROMULGATE AN8
EMERGENCY RULE ONLY IF IT IS REQUIRED TO:9
a. P
ROTECT THE CHILDREN COVERED BY THIS COMPACT FROM AN10
IMMINENT THREAT TO THEIR HEALTH , SAFETY, AND WELL-BEING; OR11
b. P
REVENT LOSS OF FEDERAL OR STATE FUNDS ; OR12
c. M
EET A DEADLINE FOR THE PROMULGATION OF AN13
ADMINISTRATIVE RULE REQUIRED BY FEDERAL LAW .14
2. A
N EMERGENCY RULE SHALL BECOME EFFECTIVE IMMEDIATELY15
UPON ADOPTION, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES16
PROVIDED HEREUNDER SHALL BE RETROACTIVELY APPLIED TO SAID RULE17
AS SOON AS REASONABLY POSSIBLE, BUT NO LATER THAN 90 DAYS AFTER18
THE EFFECTIVE DATE OF THE EMERGENCY RULE .19
3. A
N EMERGENCY RULE SHALL BE PROMULGATED AS PROVIDED20
FOR IN THE RULES OF THE INTERSTATE COMMISSION.21
ARTICLE XII.22
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT23
A. O
VERSIGHT24
1. T
HE INTERSTATE COMMISSION SHALL OVERSEE THE25
ADMINISTRATION AND OPERATION OF THE COMPACT .26
2. T
HE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF27
SB24-125
-30- STATE GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS1
COMPACT AND THE RULES OF THE INTERSTATE COMMISSION AND SHALL2
TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE3
COMPACT'S PURPOSES AND INTENT. THE COMPACT AND ITS RULES SHALL4
BE BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE5
MANNER PROVIDED FOR IN THIS COMPACT .6
3. A
LL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT7
AND THE RULES IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A8
MEMBER STATE PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT .9
4. T
HE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE10
SERVICE OF PROCESS IN ANY ACTION IN WHICH THE VALIDITY OF A11
COMPACT PROVISION OR RULE IS THE ISSUE FOR WHICH A JUDICIAL12
DETERMINATION HAS BEEN SOUGHT AND SHALL HAVE STANDING TO13
INTERVENE IN ANY PROCEEDINGS . FAILURE TO PROVIDE SERVICE OF14
PROCESS TO THE INTERSTATE COMMISSION SHALL RENDER ANY15
JUDGMENT, ORDER, OR OTHER DETERMINATION, HOWEVER SO CAPTIONED16
OR CLASSIFIED, VOID AS TO THE INTERSTATE COMMISSION, THIS COMPACT,17
ITS BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.18
B. D
ISPUTE RESOLUTION19
1. T
HE INTERSTATE COMMISSION SHALL ATTEMPT , UPON THE20
REQUEST OF A MEMBER STATE, TO RESOLVE DISPUTES WHICH ARE SUBJECT21
TO THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES AND22
BETWEEN MEMBER AND NON -MEMBER STATES.23
2. T
HE INTERSTATE COMMISSION SHALL PROMULGATE A RULE24
PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR25
DISPUTES AMONG COMPACTING STATES . THE COSTS OF SUCH MEDIATION26
OR DISPUTE RESOLUTION SHALL BE THE RESPONSIBILITY OF THE PARTIES27
SB24-125
-31- TO THE DISPUTE.1
C. E
NFORCEMENT2
1. I
F THE INTERSTATE COMMISSION DETERMINES THAT A MEMBER3
STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR4
RESPONSIBILITIES UNDER THIS COMPACT , ITS BYLAWS, OR RULES, THE5
I
NTERSTATE COMMISSION MAY:6
a. P
ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL7
ASSISTANCE; OR8
b. P
ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND9
OTHER MEMBER STATES, OF THE NATURE OF THE DEFAULT AND THE MEANS10
OF CURING THE DEFAULT. THE INTERSTATE COMMISSION SHALL SPECIFY11
THE CONDITIONS BY WHICH THE DEFAULTING STATE MUST CURE ITS12
DEFAULT; OR13
c. B
Y MAJORITY VOTE OF THE MEMBERS , INITIATE AGAINST A14
DEFAULTING MEMBER STATE LEGAL ACTION IN THE UNITED STATES15
D
ISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR, AT THE DISCRETION16
OF THE INTERSTATE COMMISSION, IN THE FEDERAL DISTRICT WHERE THE17
I
NTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICE , TO ENFORCE18
COMPLIANCE WITH THE PROVISIONS OF THE COMPACT , ITS BYLAWS, OR19
RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND20
DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE21
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION22
INCLUDING REASONABLE ATTORNEY 'S FEES; OR23
d. A
VAIL ITSELF OF ANY OTHER REMEDIES AVAILABLE UNDER24
STATE LAW OR THE REGULATION OF OFFICIAL OR PROFESSIONAL CONDUCT .25
ARTICLE XIII.26
FINANCING OF THE COMMISSION27
SB24-125
-32- A. THE INTERSTATE COMMISSION SHALL PAY, OR PROVIDE FOR THE1
PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,2
ORGANIZATION, AND ONGOING ACTIVITIES.3
B. T
HE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN4
ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF5
THE OPERATIONS AND ACTIVITIES OF THE INTERSTATE COMMISSION AND6
ITS STAFF WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER THE7
I
NTERSTATE COMMISSION'S ANNUAL BUDGET AS APPROVED BY ITS8
MEMBERS EACH YEAR. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT9
SHALL BE ALLOCATED BASED UPON A FORMULA TO BE DETERMINED BY THE10
I
NTERSTATE COMMISSION WHICH SHALL PROMULGATE A RULE BINDING11
UPON ALL MEMBER STATES.12
C. T
HE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS13
OF ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE14
SAME; NOR SHALL THE INTERSTATE COMMISSION PLEDGE THE CREDIT OF15
ANY OF THE MEMBER STATES , EXCEPT BY AND WITH THE AUTHORITY OF16
THE MEMBER STATE.17
D. T
HE INTERSTATE COMMISSION SHALL KEEP ACCURATE18
ACCOUNTS OF ALL RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND19
DISBURSEMENTS OF THE INTERSTATE COMMISSION SHALL BE SUBJECT TO20
THE AUDIT AND ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS21
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS22
HANDLED BY THE INTERSTATE COMMISSION SHALL BE AUDITED YEARLY23
BY A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE REPORT OF24
THE AUDIT SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL25
REPORT OF THE INTERSTATE COMMISSION.26
ARTICLE XIV.27
SB24-125
-33- MEMBER STATES, EFFECTIVE DATE AND AMENDMENT1
A. A
NY STATE IS ELIGIBLE TO BECOME A MEMBER STATE .2
B. T
HE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON3
LEGISLATIVE ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN4
35
STATES. THE EFFECTIVE DATE SHALL BE THE LATER OF JULY 1, 2007, OR5
UPON ENACTMENT OF THE COMPACT INTO LAW BY THE 35TH STATE.6
T
HEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER7
MEMBER STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT8
STATE. THE EXECUTIVE HEADS OF STATE HUMAN SERVICES9
ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE CHILD10
WELFARE PROGRAM OF NON -MEMBER STATES OR THEIR DESIGNEES SHALL11
BE INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE12
C
OMMISSION ON A NON -VOTING BASIS PRIOR TO ADOPTION OF THE13
COMPACT BY ALL STATES.14
C. T
HE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO15
THE COMPACT FOR ENACTMENT BY THE MEMBER STATES . NO AMENDMENT16
SHALL BECOME EFFECTIVE AND BINDING ON THE MEMBER STATES UNLESS17
AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE18
MEMBER STATES.19
ARTICLE XV.20
WITHDRAWAL AND DISSOLUTION21
A. W
ITHDRAWAL22
1. O
NCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND23
REMAIN BINDING UPON EACH AND EVERY MEMBER STATE ; PROVIDED THAT24
A MEMBER STATE MAY WITHDRAW FROM THE COMPACT SPECIFICALLY25
REPEALING THE STATUTE WHICH ENACTED THE COMPACT INTO LAW .26
2. W
ITHDRAWAL FROM THIS COMPACT SHALL BE BY THE27
SB24-125
-34- ENACTMENT OF A STATUTE REPEALING THE SAME . THE EFFECTIVE DATE OF1
THE WITHDRAWAL SHALL BE THE EFFECTIVE DATE OF THE REPEAL OF THE2
STATUTE.3
3. T
HE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE4
PRESIDENT OF THE INTERSTATE COMMISSION IN WRITING UPON THE5
INTRODUCTION OF LEGISLATION REPEALING THIS COMPACT IN THE6
WITHDRAWING STATE. THE INTERSTATE COMMISSION SHALL THEN NOTIFY7
THE OTHER MEMBER STATES OF THE WITHDRAWING STATE 'S INTENT TO8
WITHDRAW.9
4. T
HE WITHDRAWING STATE IS RESPONSIBLE FOR ALL10
ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE11
EFFECTIVE DATE OF WITHDRAWAL .12
5. R
EINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE13
SHALL OCCUR UPON THE WITHDRAWING STATE REENACTING THE COMPACT14
OR UPON SUCH LATER DATE AS DETERMINED BY THE MEMBERS OF THE15
I
NTERSTATE COMMISSION.16
B. D
ISSOLUTION OF COMPACT17
1. T
HIS COMPACT SHALL DISSOLVE EFFECTIVE UPON THE DATE OF18
THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES19
THE MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE .20
2. U
PON THE DISSOLUTION OF THIS COMPACT , THE COMPACT21
BECOMES NULL AND VOID AND SHALL BE OF NO FURTHER FORCE OR22
EFFECT, AND THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION23
SHALL BE CONCLUDED AND SURPLUS FUNDS SHALL BE DISTRIBUTED IN24
ACCORDANCE WITH THE BYLAWS .25
ARTICLE XVI.26
SEVERABILITY AND CONSTRUCTION27
SB24-125
-35- A. THE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE , AND1
IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION IS DEEMED2
UNENFORCEABLE, THE REMAINING PROVISIONS OF THE COMPACT SHALL BE3
ENFORCEABLE.4
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY5
CONSTRUED TO EFFECTUATE ITS PURPOSES .6
C. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT7
THE CONCURRENT APPLICABILITY OF OTHER INTERSTATE COMPACTS TO8
WHICH THE STATES ARE MEMBERS .9
ARTICLE XVII.10
BINDING EFFECT OF COMPACT AND OTHER LAWS11
A. O
THER LAWS12
1. N
OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER13
LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WITH THIS COMPACT .14
B. B
INDING EFFECT OF THE COMPACT15
1. A
LL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION,16
INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE INTERSTATE17
C
OMMISSION, ARE BINDING UPON THE MEMBER STATES .18
2. A
LL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND19
THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .20
3. I
N THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE21
CONSTITUTIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER22
STATE, SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE23
CONFLICT WITH THE CONSTITUTIONAL PROVISIONS IN QUESTION IN THAT24
MEMBER STATE.25
ARTICLE XVIII.26
INDIAN TRIBES27
SB24-125
-36- NOTWITHSTANDING ANY OTHER PROVISION IN THIS COMPACT , THE1
I
NTERSTATE COMMISSION MAY PROMULGATE GUIDELINES TO PERMIT2
I
NDIAN TRIBES TO UTILIZE THE COMPACT TO ACHIEVE ANY OR ALL OF THE3
PURPOSES OF THE COMPACT AS SPECIFIED IN ARTICLE 1. THE INTERSTATE4
C
OMMISSION SHALL MAKE REASONABLE EFFORTS TO CONSULT WITH5
I
NDIAN TRIBES IN PROMULGATING GUIDELINES TO REFLECT THE DIVERSE6
CIRCUMSTANCES OF THE VARIOUS INDIAN TRIBES.7
SECTION 2. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
SB24-125
-37-