Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 12, 2024
SENATE SPONSORSHIP
Pelton B. and Michaelson Jenet,
HOUSE SPONSORSHIP
Evans and Boesenecker,
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. Legislative declaration. (1) The general assembly
2
finds and declares that:3
(a) Child abuse and neglect is a crisis that affects the safety and4
welfare of vulnerable children on a global, national, state, and county5
level;6
(b) Finding the appropriate temporary or permanent placement for7
vulnerable children is key to helping families successfully navigate the8
child welfare system;9
(c) Although local placements are sought to mitigate disruption10
for these vulnerable children, there are times when a placement in another11
state is the best and most stable option;12
(d) The interstate compact for the placement of children was13
created to allow assessment of placements in other states and to ensure14
125-2- services would be provided after placement;1
(e) However, the existing interstate compact for the placement of2
children, established in 1960 and adopted by Colorado in 1975, is now3
applied inconsistently among the member states, creating delays and4
inconsistencies in placements;5
(f) The revised interstate compact for the placement of children6
will remove barriers and allow for the timely placement of children in7
safe and appropriate homes. Additionally, member states will have the8
opportunity to participate in a rule-making process that will provide9
consistency in the implementation and application of the regulations.10
(g) The revised interstate compact for the placement of children11
also provides additional clarifying language acknowledging that if a12
portion of the statutory language is found unconstitutional by a member13
state's highest court, that portion is severable from the compact for that14
state; and15
(h) The first thirty-five states to pass the revised interstate16
compact will be included in the drafting process for the regulations.17
(2) Therefore, the general assembly determines that:18
(a) By adopting the revised language for the interstate compact for19
the placement of children, Colorado is ensured a voice at the table and20
can be a leader in bringing other states on board and drafting the new21
regulations that consider and reflect all Colorado stakeholder viewpoints;22
and23
(b) Colorado representation at the interstate commission will24
ensure child, family, and parent voices are represented.25
SECTION 2. In Colorado Revised Statutes, repeal and reenact,26
with amendments, part 18 of article 60 of title 24 as follows:27
125
-3- PART 181
INTERSTATE COMPACT ON PLACEMENT2
OF CHILDREN3
24-60-1801. Short title. T
HE SHORT TITLE OF THIS PART 18 IS THE4
"I
NTERSTATE COMPACT ON PLACEMENT OF CHILDREN".5
24-60-1802. Execution of compact. T
HE GOVERNOR IS6
AUTHORIZED TO EXECUTE A COMPACT ON BEHALF OF THIS STATE WITH7
ANY OTHER STATE OR STATES LEGALLY JOINING THEREIN IN THE FORM8
SUBSTANTIALLY AS FOLLOWS :9
ARTICLE I.10
PURPOSE11
T
HE PURPOSE OF THIS INTERSTATE COMPACT FOR THE PLACEMENT OF12
CHILDREN IS TO:13
A. P
ROVIDE A PROCESS THROUGH WHICH CHILDREN SUBJECT TO14
THIS COMPACT ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY15
MANNER.16
B. F
ACILITATE ONGOING SUPERVISION OF A PLACEMENT , THE17
DELIVERY OF SERVICES, AND COMMUNICATION BETWEEN THE STATES .18
C. P
ROVIDE OPERATING PROCEDURES THAT WILL ENSURE THAT19
CHILDREN ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY20
MANNER.21
D. P
ROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF22
ADMINISTRATIVE RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT23
AND REGULATING THE COVERED ACTIVITIES OF THE MEMBER STATES .24
E. P
ROVIDE FOR THE UNIFORM DATA COLLECTION AND25
INFORMATION SHARING BETWEEN MEMBER STATES UNDER THIS COMPACT .26
F. P
ROMOTE COORDINATION BETWEEN THIS COMPACT , THE27
125
-4- INTERSTATE COMPACT FOR JUVENILES, THE INTERSTATE COMPACT ON1
A
DOPTION AND MEDICAL ASSISTANCE, AND OTHER COMPACTS AFFECTING2
THE PLACEMENT OF AND WHICH PROVIDE SERVICES TO CHILDREN3
OTHERWISE SUBJECT TO THIS COMPACT .4
G. P
ROVIDE FOR A STATE'S CONTINUING LEGAL JURISDICTION AND5
RESPONSIBILITY FOR PLACEMENT AND CARE OF A CHILD THAT IT WOULD6
HAVE HAD IF THE PLACEMENT WERE INTRASTATE .7
H. P
ROVIDE FOR THE PROMULGATION OF GUIDELINES , IN8
COLLABORATION WITH INDIAN TRIBES, FOR INTERSTATE CASES INVOLVING9
I
NDIAN CHILDREN AS IS OR MAY BE PERMITTED BY FEDERAL LAW .10
ARTICLE II.11
DEFINITIONS12
A
S USED IN THIS COMPACT:13
A. "A
PPROVED PLACEMENT" MEANS THE PUBLIC CHILD PLACING14
AGENCY IN THE RECEIVING STATE HAS DETERMINED THAT THE PLACEMENT15
IS BOTH SAFE AND SUITABLE FOR THE CHILD.16
B. "A
SSESSMENT" MEANS AN EVALUATION OF A PROSPECTIVE17
PLACEMENT BY A PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE18
TO DETERMINE IF THE PLACEMENT MEETS THE INDIVIDUALIZED NEEDS OF19
THE CHILD, INCLUDING, BUT NOT LIMITED TO, THE CHILD'S SAFETY AND20
STABILITY, HEALTH AND WELL-BEING, AND MENTAL, EMOTIONAL, AND21
PHYSICAL DEVELOPMENT . AN ASSESSMENT IS ONLY APPLICABLE TO A22
PLACEMENT BY A PUBLIC CHILD PLACING AGENCY .23
C. "C
ERTIFICATION" MEANS TO ATTEST, DECLARE, OR SWEAR TO24
BEFORE A JUDGE, MAGISTRATE,
OR NOTARY PUBLIC.25
D. "C
HILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED THE26
AGE OF EIGHTEEN (18).27
125
-5- E. "DEFAULT" MEANS THE FAILURE OF A MEMBER STATE TO1
PERFORM THE OBLIGATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY2
THIS COMPACT, THE BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.3
F. "H
OME STUDY" MEANS AN EVALUATION OF A HOME4
ENVIRONMENT CONDUCTED IN ACCORDANCE WITH THE APPLICABLE5
REQUIREMENTS OF THE STATE IN WHICH THE HOME IS LOCATED , AND6
DOCUMENTS THE PREPARATION AND THE SUITABILITY OF THE PLACEMENT7
RESOURCE FOR PLACEMENT OF A CHILD IN ACCORDANCE WITH THE LAWS8
AND REQUIREMENTS OF THE STATE IN WHICH THE HOME IS LOCATED .9
G. "I
NDIAN TRIBE" MEANS ANY INDIAN TRIBE, BAND, NATION, OR10
OTHER ORGANIZED GROUP OR COMMUNITY OF INDIANS RECOGNIZED AS11
ELIGIBLE FOR SERVICES PROVIDED TO INDIANS BY THE SECRETARY OF THE12
I
NTERIOR BECAUSE OF THEIR STATUS AS INDIANS, INCLUDING ANY13
A
LASKAN NATIVE VILLAGE AS DEFINED IN SECTION (3)(c) OF THE ALASKA14
N
ATIVE CLAIMS SETTLEMENT ACT AT 43 U.S.C. SEC. 1602(c).15
H. "I
NTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN"16
MEANS THE COMMISSION THAT IS CREATED UNDER ARTICLE VIII OF THIS17
COMPACT AND WHICH IS GENERALLY REFERRED TO AS THE INTERSTATE18
C
OMMISSION.19
I. "J
URISDICTION" MEANS THE POWER AND AUTHORITY OF A COURT20
TO HEAR AND DECIDE MATTERS .21
J. "L
EGAL RISK PLACEMENT" ("LEGAL RISK ADOPTION") MEANS22
A PLACEMENT MADE PRELIMINARY TO AN ADOPTION WHERE THE23
PROSPECTIVE ADOPTIVE PARENTS ACKNOWLEDGE IN WRITING THAT A24
CHILD CAN BE ORDERED RETURNED TO THE SENDING STATE OR THE BIRTH25
MOTHER'S STATE OF RESIDENCE, IF DIFFERENT FROM THE SENDING STATE,26
AND A FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY27
125
-6- JURISDICTION UNTIL ALL REQUIRED CONSENTS ARE OBTAINED OR ARE1
DISPENSED WITH IN ACCORDANCE WITH APPLICABLE LAW .2
K. "M
EMBER STATE" MEANS A STATE THAT HAS ENACTED THIS3
COMPACT.4
L. "N
ON-CUSTODIAL PARENT" MEANS A PERSON WHO, AT THE TIME5
OF THE COMMENCEMENT OF COURT PROCEEDINGS IN THE SENDING STATE ,6
DOES NOT HAVE SOLE LEGAL CUSTODY OF THE CHILD OR HAS JOINT LEGAL7
CUSTODY OF A CHILD, AND WHO IS NOT THE SUBJECT OF ALLEGATIONS OR8
FINDINGS OF CHILD ABUSE OR NEGLECT.9
M. "N
ON-MEMBER STATE" MEANS A STATE WHICH HAS NOT10
ENACTED THIS COMPACT.11
N. "N
OTICE OF RESIDENTIAL PLACEMENT " MEANS INFORMATION12
REGARDING A PLACEMENT INTO A RESIDENTIAL FACILITY PROVIDED TO THE13
RECEIVING STATE INCLUDING, BUT NOT LIMITED TO, THE NAME, DATE, AND14
PLACE OF BIRTH OF THE CHILD , THE IDENTITY AND ADDRESS OF THE15
PARENT OR LEGAL GUARDIAN , EVIDENCE OF AUTHORITY TO MAKE THE16
PLACEMENT, AND THE NAME AND ADDRESS OF THE FACILITY IN WHICH THE17
CHILD WILL BE PLACED. NOTICE OF RESIDENTIAL PLACEMENT SHALL ALSO18
INCLUDE INFORMATION REGARDING A DISCHARGE AND ANY19
UNAUTHORIZED ABSENCE FROM THE FACILITY .20
O. "P
LACEMENT" MEANS THE ACT BY A PUBLIC OR PRIVATE CHILD21
PLACING AGENCY INTENDED TO ARRANGE FOR THE CARE OR CUSTODY OF22
A CHILD IN ANOTHER STATE.23
P. "P
RIVATE CHILD PLACING AGENCY " MEANS ANY PRIVATE24
CORPORATION, AGENCY, FOUNDATION, INSTITUTION, OR CHARITABLE25
ORGANIZATION, OR ANY PRIVATE PERSON OR ATTORNEY THAT26
FACILITATES, CAUSES, OR IS INVOLVED IN THE PLACEMENT OF A CHILD27
125
-7- FROM ONE STATE TO ANOTHER AND THAT IS NOT AN INSTRUMENTALITY OF1
THE STATE OR ACTING UNDER COLOR OF STATE LAW .2
Q. "P
ROVISIONAL PLACEMENT" MEANS A DETERMINATION MADE3
BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE THAT THE4
PROPOSED PLACEMENT IS SAFE AND SUITABLE , AND, TO THE EXTENT5
ALLOWABLE, THE RECEIVING STATE HAS TEMPORARILY WAIVED ITS6
STANDARDS OR REQUIREMENTS OTHERWISE APPLICABLE TO PROSPECTIVE7
FOSTER OR ADOPTIVE PARENTS SO AS TO NOT DELAY THE PLACEMENT .8
C
OMPLETION OF THE RECEIVING STATE REQUIREMENTS REGARDING9
TRAINING FOR PROSPECTIVE FOSTER OR ADOPTIVE PARENTS SHALL NOT10
DELAY AN OTHERWISE SAFE AND SUITABLE PLACEMENT .11
R. "P
UBLIC CHILD PLACING AGENCY" MEANS ANY GOVERNMENT12
CHILD WELFARE AGENCY OR CHILD PROTECTION AGENCY OR A PRIVATE13
ENTITY UNDER CONTRACT WITH SUCH AN AGENCY , REGARDLESS OF14
WHETHER IT ACTS ON BEHALF OF A STATE , COUNTY, MUNICIPALITY, OR15
OTHER GOVERNMENTAL UNIT AND WHICH FACILITATES , CAUSES, OR IS16
INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO ANOTHER .17
S. "R
ECEIVING STATE" MEANS THE STATE TO WHICH A CHILD IS18
SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.19
T. "R
ELATIVE" MEANS SOMEONE WHO IS RELATED TO THE CHILD20
AS A PARENT, STEP-PARENT, SIBLING BY HALF OR WHOLE BLOOD OR BY21
ADOPTION, GRANDPARENT, AUNT, UNCLE, FIRST COUSIN, OR A22
NON-RELATIVE WITH SUCH SIGNIFICANT TIES TO THE CHILD THAT THEY23
MAY BE REGARDED AS RELATIVE(S)
AS DETERMINED BY THE COURT IN THE24
SENDING STATE.25
U. "R
ESIDENTIAL FACILITY" MEANS A FACILITY PROVIDING A26
LEVEL OF CARE THAT IS SUFFICIENT TO SUBSTITUTE FOR PARENTAL27
125
-8- RESPONSIBILITY OR FOSTER CARE, AND IS BEYOND WHAT IS NEEDED FOR1
ASSESSMENT OR TREATMENT OF AN ACUTE CONDITION . FOR PURPOSES OF2
THE COMPACT, RESIDENTIAL FACILITIES DO NOT INCLUDE INSTITUTIONS3
PRIMARILY EDUCATIONAL IN CHARACTER , HOSPITALS, OR OTHER MEDICAL4
FACILITIES.5
V. "R
ULE" MEANS A WRITTEN DIRECTIVE, MANDATE, STANDARD,6
OR PRINCIPLE ISSUED BY THE INTERSTATE COMMISSION PROMULGATED7
PURSUANT TO ARTICLE XI OF THIS COMPACT THAT IS OF GENERAL8
APPLICABILITY AND THAT IMPLEMENTS , INTERPRETS, OR PRESCRIBES A9
POLICY OR PROVISION OF THE COMPACT . "RULE" HAS THE FORCE AND10
EFFECT OF AN ADMINISTRATIVE RULE IN A MEMBER STATE , AND INCLUDES11
THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.12
W. "S
ENDING STATE" MEANS THE STATE FROM WHICH THE13
PLACEMENT OF A CHILD IS INITIATED.14
X. "S
ERVICE MEMBER'S PERMANENT DUTY STATION" MEANS THE15
MILITARY INSTALLATION WHERE AN ACTIVE DUTY ARMED SERVICES16
MEMBER IS CURRENTLY ASSIGNED AND IS PHYSICALLY LOCATED UNDER17
COMPETENT ORDERS THAT DO NOT SPECIFY THE DUTY AS TEMPORARY .18
Y. "S
ERVICE MEMBER'S STATE OF LEGAL RESIDENCE" MEANS THE19
STATE IN WHICH THE ACTIVE DUTY ARMED SERVICES MEMBER IS20
CONSIDERED A RESIDENT FOR TAX AND VOTING PURPOSES .21
Z. "S
TATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT22
OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN23
I
SLANDS, GUAM, AMERICAN SAMOA, THE NORTHERN MARIANA ISLANDS,24
AND ANY OTHER TERRITORY OF THE UNITED STATES.25
AA. "S
TATE COURT" MEANS A JUDICIAL BODY OF A STATE THAT IS26
VESTED BY LAW WITH RESPONSIBILITY FOR ADJUDICATING CASES27
125
-9- INVOLVING ABUSE, NEGLECT, DEPRIVATION, DELINQUENCY, OR STATUS1
OFFENSES OF INDIVIDUALS WHO HAVE NOT ATTAINED THE AGE OF2
EIGHTEEN (18).3
BB. "S
UPERVISION" MEANS MONITORING PROVIDED BY THE4
RECEIVING STATE ONCE A CHILD HAS BEEN PLACED IN A RECEIVING STATE5
PURSUANT TO THIS COMPACT.6
ARTICLE III.7
APPLICABILITY8
A. E
XCEPT AS OTHERWISE PROVIDED IN ARTICLE III, SECTION B,9
THIS COMPACT SHALL APPLY TO:10
1. T
HE INTERSTATE PLACEMENT OF A CHILD SUBJECT TO ONGOING11
COURT JURISDICTION IN THE SENDING STATE , DUE TO ALLEGATIONS OR12
FINDINGS THAT THE CHILD HAS BEEN ABUSED , NEGLECTED, OR DEPRIVED13
AS DEFINED BY THE LAWS OF THE SENDING STATE , PROVIDED, HOWEVER,14
THAT THE PLACEMENT OF SUCH A CHILD INTO A RESIDENTIAL FACILITY15
SHALL ONLY REQUIRE NOTICE OF RESIDENTIAL PLACEMENT TO THE16
RECEIVING STATE PRIOR TO PLACEMENT .17
2. T
HE INTERSTATE PLACEMENT OF A CHILD ADJUDICATED18
DELINQUENT OR UNM ANAGEABLE BASED ON THE LAWS OF THE SENDING19
STATE AND SUBJECT TO ONGOING COURT JURISDICTION OF THE SENDING20
STATE IF:21
a. T
HE CHILD IS BEING PLACED IN A RESIDENTIAL FACILITY IN22
ANOTHER MEMBER STATE AND IS NOT COVERED UNDER ANOTHER23
COMPACT; OR24
b. T
HE CHILD IS BEING PLACED IN ANOTHER MEMBER STATE AND25
THE DETERMINATION OF SAFETY AND SUITABILITY OF THE PLACEMENT AND26
SERVICES REQUIRED IS NOT PROVIDED THROUGH ANOTHER COMPACT .27
125
-10- 3. THE INTERSTATE PLACEMENT OF ANY CHILD BY A PUBLIC CHILD1
PLACING AGENCY OR PRIVATE CHILD PLACING AGENCY AS DEFINED IN THIS2
COMPACT AS A PRELIMINARY STEP TO A POSSIBLE ADOPTION .3
B. T
HE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO :4
1. T
HE INTERSTATE PLACEMENT OF A CHILD IN A CUSTODY5
PROCEEDING IN WHICH A PUBLIC CHILD PLACING AGENCY IS NOT A PARTY ,6
PROVIDED THE PLACEMENT IS NOT INTENDED TO EFFECTUATE AN7
ADOPTION.8
2. T
HE INTERSTATE PLACEMENT OF A CHILD WITH A NON -RELATIVE9
IN A RECEIVING STATE BY A PARENT WITH THE LEGAL AUTHORITY TO MAKE10
SUCH A PLACEMENT PROVIDED , HOWEVER, THAT THE PLACEMENT IS NOT11
INTENDED TO EFFECTUATE AN ADOPTION .12
3. T
HE INTERSTATE PLACEMENT OF A CHILD BY ONE RELATIVE13
WITH THE LAWFUL AUTHORITY TO MAKE SUCH A PLACEMENT DIRECTLY14
WITH A RELATIVE IN A RECEIVING STATE.15
4. T
HE PLACEMENT OF A CHILD NOT SUBJECT TO ARTICLE III,16
S
ECTION A INTO A RESIDENTIAL FACILITY BY THE CHILD'S PARENT.17
5. T
HE PLACEMENT OF A CHILD WITH A NON -CUSTODIAL PARENT,18
PROVIDED THAT:19
a. T
HE NON-CUSTODIAL PARENT PROVES TO THE SATISFACTION OF20
A COURT IN THE SENDING STATE A SUBSTANTIAL RELATIONSHIP WITH THE21
CHILD; AND22
b. T
HE COURT IN THE SENDING STATE MAKES A WRITTEN FINDING23
THAT PLACEMENT WITH THE NON -CUSTODIAL PARENT IS IN THE BEST24
INTERESTS OF THE CHILD; AND25
c. T
HE COURT IN THE SENDING STATE DISMISSES ITS JURISDICTION26
IN INTERSTATE PLACEMENTS IN WHICH THE PUBLIC CHILD PLACING27
125
-11- AGENCY IS A PARTY TO THE PROCEEDING .1
6. A
CHILD ENTERING THE UNITED STATES FROM A FOREIGN2
COUNTRY FOR THE PURPOSE OF ADOPTION OR LEAVING THE UNITED3
S
TATES TO GO TO A FOREIGN COUNTRY FOR THE PURPOSE OF ADOPTION IN4
THAT COUNTRY.5
7. C
ASES IN WHICH A UNITED STATES CITIZEN CHILD LIVING6
OVERSEAS WITH THE CHILD'S FAMILY, AT LEAST ONE OF WHOM IS IN THE7
U
NITED STATES ARMED SERVICES, AND WHO IS STATIONED OVERSEAS, IS8
REMOVED AND PLACED IN A STATE .9
8. T
HE SENDING OF A CHILD BY A PUBLIC CHILD PLACING AGENCY10
OR A PRIVATE CHILD PLACING AGENCY FOR A VISIT AS DEFINED BY THE11
RULES OF THE INTERSTATE COMMISSION.12
C. F
OR PURPOSES OF DETERMINING THE APPLICABILITY OF THIS13
COMPACT TO THE PLACEMENT OF A CHILD WITH A FAMILY IN THE ARMED14
S
ERVICES, THE PUBLIC CHILD PLACING AGENCY OR PRIVATE CHILD15
PLACING AGENCY MAY CHOOSE THE STATE OF THE SERVICE MEMBER 'S16
PERMANENT DUTY STATION OR THE SERVICE MEMBER 'S DECLARED LEGAL17
RESIDENCE.18
D. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT19
THE CONCURRENT APPLICATION OF THE PROVISIONS OF THIS COMPACT20
WITH OTHER APPLICABLE INTERSTATE COMPACTS , INCLUDING THE21
I
NTERSTATE COMPACT FOR JUVENILES AND THE INTERSTATE COMPACT ON22
A
DOPTION AND MEDICAL ASSISTANCE. THE INTERSTATE COMMISSION23
MAY IN COOPERATION WITH OTHER INTERSTATE COMPACT COMMISSIONS24
HAVING RESPONSIBILITY FOR THE INTERSTATE MOVEMENT , PLACEMENT,25
OR TRANSFER OF CHILDREN, PROMULGATE LIKE RULES TO ENSURE THE26
COORDINATION OF SERVICES, TIMELY PLACEMENT OF CHILDREN, AND THE27
125
-12- REDUCTION OF UNNECESSARY OR DUPLICATIVE ADMINISTRATIVE OR1
PROCEDURAL REQUIREMENTS .2
ARTICLE IV.3
JURISDICTION4
A. E
XCEPT AS PROVIDED IN ARTICLE IV, SECTION H, AND ARTICLE5
V,
SECTION B, PARAGRAPHS TWO AND THREE CONCERNING PRIVATE AND6
INDEPENDENT ADOPTIONS, AND IN INTERSTATE PLACEMENTS IN WHICH THE7
PUBLIC CHILD PLACING AGENCY IS NOT A PARTY TO A CUSTODY8
PROCEEDING, THE SENDING STATE SHALL RETAIN JURISDICTION OVER A9
CHILD WITH RESPECT TO ALL MATTERS OF CUSTODY AND DISPOSITION OF10
THE CHILD WHICH IT WOULD HAVE HAD IF THE CHILD HAD REMAINED IN11
THE SENDING STATE. SUCH JURISDICTION SHALL ALSO INCLUDE THE POWER12
TO ORDER THE RETURN OF THE CHILD TO THE SENDING STATE .13
B. W
HEN AN ISSUE OF CHILD PROTECTION OR CUSTODY IS14
BROUGHT BEFORE A COURT IN THE RECEIVING STATE , SUCH COURT SHALL15
CONFER WITH THE COURT OF THE SENDING STATE TO DETERMINE THE MOST16
APPROPRIATE FORUM FOR ADJUDICATION .17
C. I
N CASES THAT ARE BEFORE COURTS AND SUBJECT TO THIS18
COMPACT, THE TAKING OF TESTIMONY FOR HEARINGS BEFORE ANY19
JUDICIAL OFFICER MAY OCCUR IN PERSON OR BY TELEPHONE , AUDIO-VIDEO20
CONFERENCE, OR SUCH OTHER MEANS AS APPROVED BY THE RULES OF THE21
I
NTERSTATE COMMISSION; AND JUDICIAL OFFICERS MAY COMMUNICATE22
WITH OTHER JUDICIAL OFFICERS AND PERSONS INVOLVED IN THE23
INTERSTATE PROCESS AS MAY BE PERMITTED BY THEIR CANONS OF24
J
UDICIAL CONDUCT AND ANY RULES PROMULGATED BY THE INTERSTATE25
C
OMMISSION.26
D. I
N ACCORDANCE WITH ITS OWN LAWS , THE COURT IN THE27
125
-13- SENDING STATE SHALL HAVE AUTHORITY TO TERMINATE ITS JURISDICTION1
IF:2
1. T
HE CHILD IS REUNIFIED WITH THE PARENT IN THE RECEIVING3
STATE WHO IS THE SUBJECT OF ALLEGATIONS OR FINDINGS OF ABUSE OR4
NEGLECT, ONLY WITH THE CONCURRENCE OF THE PUBLIC CHILD PLACING5
AGENCY IN THE RECEIVING STATE; OR6
2. T
HE CHILD IS ADOPTED; OR7
3. T
HE CHILD REACHES THE AGE OF MAJORITY UNDER THE LAWS OF8
THE SENDING STATE; OR9
4. T
HE CHILD ACHIEVES LEGAL INDEPENDENCE PURSUANT TO THE10
LAWS OF THE SENDING STATE; OR11
5. A
GUARDIANSHIP IS CREATED BY A COURT IN THE RECEIVING12
STATE WITH THE CONCURRENCE OF THE COURT IN THE SENDING STATE ; OR13
6. A
N INDIAN TRIBE HAS PETITIONED FOR AND RECEIVED14
JURISDICTION FROM THE COURT IN THE SENDING STATE ; OR15
7. T
HE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE16
REQUESTS TERMINATION AND HAS OBTAINED THE CONCURRENCE OF THE17
PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE .18
E. W
HEN A SENDING STATE COURT TERMINATES ITS JURISDICTION ,19
THE RECEIVING STATE CHILD PLACING AGENCY SHALL BE NOTIFIED .20
F. N
OTHING IN THIS ARTICLE SHALL DEFEAT A CLAIM OF21
JURISDICTION BY A RECEIVING STATE COURT SUFFICIENT TO DEAL WITH AN22
ACT OF TRUANCY, DELINQUENCY, CRIME, OR BEHAVIOR INVOLVING A23
CHILD AS DEFINED BY THE LAWS OF THE RECEIVING STATE COMMITTED BY24
THE CHILD IN THE RECEIVING STATE WHICH WOULD BE A VIOLATION OF ITS25
LAWS.26
G. N
OTHING IN THIS ARTICLE SHALL LIMIT THE RECEIVING STATE'S27
125
-14- ABILITY TO TAKE EMERGENCY JURISDICTION FOR THE PROTECTION OF THE1
CHILD.2
H. T
HE SUBSTANTIVE LAWS OF THE STATE IN WHICH AN ADOPTION3
WILL BE FINALIZED SHALL SOLELY GOVERN ALL ISSUES RELATING TO THE4
ADOPTION OF THE CHILD, AND THE COURT IN WHICH THE ADOPTION5
PROCEEDING IS FILED SHALL HAVE SUBJECT MATTER JURISDICTION6
REGARDING ALL SUBSTANTIVE ISSUES RELATING TO THE ADOPTION ,7
EXCEPT:8
1. W
HEN THE CHILD IS A WARD OF ANOTHER COURT THAT9
ESTABLISHED JURISDICTION OVER THE CHILD PRIOR TO THE PLACEMENT ;10
OR11
2. W
HEN THE CHILD IS IN THE LEGAL CUSTODY OF A PUBLIC12
AGENCY IN THE SENDING STATE; OR13
3. W
HEN A COURT IN THE SENDING STATE HAS OTHERWISE14
APPROPRIATELY ASSUMED JURISDICTION OVER THE CHILD , PRIOR TO THE15
SUBMISSION OF THE REQUEST FOR APPROVAL OF PLACEMENT .16
I. A
FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY17
JURISDICTION UNTIL THE PLACEMENT IS AUTHORIZED AS AN "APPROVED18
PLACEMENT" BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING19
STATE.20
ARTICLE V.21
PLACEMENT EVALUATION22
A. P
RIOR TO SENDING, BRINGING, OR CAUSING A CHILD TO BE SENT23
OR BROUGHT INTO A RECEIVING STATE , THE PUBLIC CHILD PLACING24
AGENCY SHALL PROVIDE A WRITTEN REQUEST FOR ASSESSMENT TO THE25
RECEIVING STATE.26
B. F
OR PLACEMENTS BY A PRIVATE CHILD PLACING AGENCY , A27
125
-15- CHILD MAY BE SENT OR BROUGHT , OR CAUSED TO BE SENT OR BROUGHT ,1
INTO A RECEIVING STATE, UPON RECEIPT AND IMMEDIATE REVIEW OF THE2
REQUIRED CONTENT IN A REQUEST FOR APPROVAL OF A PLACEMENT IN3
BOTH THE SENDING AND RECEIVING STATE PUBLIC CHILD PLACING4
AGENCY. THE REQUIRED CONTENT TO ACCOMPANY A REQUEST FOR5
APPROVAL SHALL INCLUDE ALL OF THE FOLLOWING :6
1. A
REQUEST FOR APPROVAL IDENTIFYING THE CHILD , BIRTH7
PARENT(S), THE PROSPECTIVE ADOPTIVE PARENT(S), AND THE SUPERVISING8
AGENCY, SIGNED BY THE PERSON REQUESTING APPROVAL ; AND9
2. T
HE APPROPRIATE CONSENTS OR RELINQUISHMENTS SIGNED BY10
THE BIRTH-PARENT(S) IN ACCORDANCE WITH THE LAWS OF THE SENDING11
STATE, OR WHERE PERMITTED , THE LAWS OF THE STATE WHERE THE12
ADOPTION WILL BE FINALIZED; AND13
3. C
ERTIFICATION BY A LICENSED ATTORNEY OR AUTHORIZED14
AGENT OF A PRIVATE ADOPTION AGENCY THAT THE CONSENT OR15
RELINQUISHMENT IS IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE16
SENDING STATE, OR, WHERE PERMITTED, THE LAWS OF THE STATE WHERE17
FINALIZATION OF THE ADOPTION WILL OCCUR ; AND18
4. A
HOME STUDY; AND19
5. A
N ACKNOWLEDGMENT OF LEGAL RISK SIGNED BY THE20
PROSPECTIVE ADOPTIVE PARENT (S).21
C. T
HE SENDING STATE AND THE RECEIVING STATE MAY REQUEST22
ADDITIONAL INFORMATION OR DOCUMENTS PRIOR TO FINALIZATION OF AN23
APPROVED PLACEMENT , BUT THEY MAY NOT DELAY TRAVEL BY THE24
PROSPECTIVE ADOPTIVE PARENT (S) WITH THE CHILD IF THE REQUIRED25
CONTENT FOR APPROVAL HAS BEEN SUBMI TTED , RECEIVED, AND REVIEWED26
BY THE PUBLIC CHILD PLACING AGENCY IN BOTH THE SENDING STATE AND27
125
-16- THE RECEIVING STATE.1
D. A
PPROVAL FROM THE PUBLIC CHILD PLACING AGENCY IN THE2
RECEIVING STATE FOR PROVISIONAL OR APPROVED PLACEMENT IS3
REQUIRED AS PROVIDED FOR IN THE RULES OF THE INTERSTATE4
C
OMMISSION.5
E. T
HE PROCEDURES FOR MAKING AND THE REQUEST FOR AN6
ASSESSMENT SHALL CONTAIN ALL INFORMATION AND BE IN SUCH FORM AS7
PROVIDED FOR IN THE RULES OF THE INTERSTATE COMMISSION.8
F. U
PON RECEIPT OF A REQUEST FROM THE PUBLIC CHILD PLACING9
AGENCY OF THE SENDING STATE, THE RECEIVING STATE SHALL INITIATE AN10
ASSESSMENT OF THE PROPOSED PLACEMENT TO DETERMINE ITS SAFETY11
AND SUITABILITY. IF THE PROPOSED PLACEMENT IS A PLACEMENT WITH A12
RELATIVE, THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE13
MAY REQUEST A DETERMINATION FOR A PROVISIONAL PLACEMENT .14
G. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE15
MAY REQUEST FROM THE PUBLIC CHILD PLACING AGENCY OR THE PRIVATE16
CHILD PLACING AGENCY IN THE SENDING STATE , AND SHALL BE ENTITLED17
TO RECEIVE, SUPPORTING OR ADDITIONAL INFORMATION NECESSARY TO18
COMPLETE THE ASSESSMENT OR APPROVE THE
PLACEMENT.19
H. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE20
SHALL APPROVE A PROVISIONAL PLACEMENT AND COMPLETE OR ARRANGE21
FOR THE COMPLETION OF THE ASSESSMENT WITHIN THE TIME FRAMES22
ESTABLISHED BY THE RULES OF THE INTERSTATE COMMISSION.23
I. F
OR A PLACEMENT BY A PRIVATE CHILD PLACING AGENCY , THE24
SENDING STATE SHALL NOT IMPOSE ANY ADDITIONAL REQUIREMENTS TO25
COMPLETE THE HOME STUDY THAT ARE NOT REQUIRED BY THE RECEIVING26
STATE, UNLESS THE ADOPTION IS FINALIZED IN THE SENDING STATE .27
125
-17- J. THE INTERSTATE COMMISSION MAY DEVELOP UNIFORM1
STANDARDS FOR THE ASSESSMENT OF THE SAFETY AND SUITABILITY OF2
INTERSTATE PLACEMENTS.3
ARTICLE VI.4
PLACEMENT AUTHORITY5
A. E
XCEPT AS OTHERWISE PROVIDED IN THIS COMPACT , NO CHILD6
SUBJECT TO THIS COMPACT SHALL BE PLACED INTO A RECEIVING STATE7
UNTIL APPROVAL FOR SUCH PLACEMENT IS OBTAINED .8
B. I
F THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE9
DOES NOT APPROVE THE PROPOSED PLACEMENT , THEN THE CHILD SHALL10
NOT BE PLACED. THE RECEIVING STATE SHALL PROVIDE WRITTEN11
DOCUMENTATION OF ANY SUCH DETERMINATION IN ACCORDANCE WITH12
THE RULES PROMULGATED BY THE INTERSTATE COMMISSION. SUCH13
DETERMINATION IS NOT SUBJECT TO JUDICIAL REVIEW IN THE SENDING14
STATE.15
C. I
F THE PROPOSED PLACEMENT IS NOT APPROVED , ANY16
INTERESTED PARTY SHALL HAVE STANDING TO SEEK AN ADMINISTRATIVE17
REVIEW OF THE RECEIVING STATE'S DETERMINATION.18
1. T
HE ADMINISTRATIVE REVIEW AND ANY FURTHER JUDICIAL19
REVIEW ASSOCIATED WITH THE D ETERMINATION SHALL BE CONDUCTED IN20
THE RECEIVING STATE PURSUANT TO ITS APPLICABLE ADMINISTRATIVE21
P
ROCEDURES ACT.22
2. I
F A DETERMINATION NOT TO APPROVE THE PLACEMENT OF THE23
CHILD IN THE RECEIVING STATE IS OVERTURNED UPON REVIEW , THE24
PLACEMENT SHALL BE DEEMED APPROVED , PROVIDED, HOWEVER, THAT25
ALL ADMINISTRATIVE OR JUDICIAL REMEDIES HAVE BEEN EXHAUSTED OR26
THE TIME FOR SUCH REMEDIES HAS PASSED .27
125
-18- ARTICLE VII.1
PLACING AGENCY RESPONSIBILITY2
A. F
OR THE INTERSTATE PLACEMENT OF A CHILD MADE BY A3
PUBLIC CHILD PLACING AGENCY OR STATE COURT :4
1. T
HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE5
SHALL HAVE FINANCIAL RESPONSIBILITY FOR :6
a. T
HE ONGOING SUPPORT AND MAINTENANCE FOR THE CHILD7
DURING THE PERIOD OF THE PLACEMENT , UNLESS OTHERWISE PROVIDED8
FOR IN THE RECEIVING STATE; AND9
b. A
S DETERMINED BY THE PUBLIC CHILD PLACING AGENCY IN THE10
SENDING STATE, SERVICES FOR THE CHILD BEYOND THE PUBLIC SERVICES11
FOR WHICH THE CHILD IS ELIGIBLE IN THE RECEIVING STATE.12
2. T
HE RECEIVING STATE SHALL ONLY HAVE FINANCIAL13
RESPONSIBILITY FOR:14
a. A
NY ASSESSMENT CONDUCTED BY THE RECEIVING STATE ; AND15
b. S
UPERVISION CONDUCTED BY THE RECEIVING STATE AT THE16
LEVEL NECESSARY TO SUPPORT THE PLACEMENT AS AGREED UPON BY THE17
PUBLIC CHILD PLACING AGENCIES OF THE RECEIVING AND SENDING STATES .18
3. N
OTHING IN THIS PROVISION SHALL PROHIBIT PUBLIC CHILD19
PLACING AGENCIES IN THE SENDING STATE FROM ENTERING INTO20
AGREEMENTS WITH LICENSED AGENCIES OR PERSONS IN THE RECEIVING21
STATE TO CONDUCT ASSESSMENTS AND PROVIDE SUPERVISION .22
B. F
OR THE PLACEMENT OF A CHILD BY A PRIVATE CHILD PLACING23
AGENCY PRELIMINARY TO A POSSIBLE ADOPTION , THE PRIVATE CHILD24
PLACING AGENCY SHALL BE:25
1. L
EGALLY RESPONSIBLE FOR THE CHILD DURING THE PERIOD OF26
PLACEMENT AS PROVIDED FOR IN THE LAW OF THE SENDING STATE UNTIL27
125
-19- THE FINALIZATION OF THE ADOPTION.1
2. F
INANCIALLY RESPONSIBLE FOR THE CHILD ABSENT A2
CONTRACTUAL AGREEMENT TO THE CONTRARY .3
C. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE4
SHALL PROVIDE TIMELY ASSESSMENTS , AS PROVIDED FOR IN THE RULES OF5
THE INTERSTATE COMMISSION.6
D. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE7
SHALL PROVIDE, OR ARRANGE FOR THE PROVISION OF, SUPERVISION AND8
SERVICES FOR THE CHILD, INCLUDING TIMELY REPORTS , DURING THE9
PERIOD OF THE PLACEMENT.10
E. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED AS TO LIMIT11
THE AUTHORITY OF THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING12
STATE FROM CONTRACTING WITH A LICENSED AGENCY OR PERSON IN THE13
RECEIVING STATE FOR AN ASSESSMENT OR THE PROVISION OF SUPERVISION14
OR SERVICES FOR THE CHILD OR OTHERWISE AUTHORIZING THE PROVISION15
OF SUPERVISION OR SERVICES BY A LICENSED AGENCY DURING THE PERIOD16
OF PLACEMENT.17
F. E
ACH MEMBER STATE SHALL PROVIDE FOR COORDINATION18
AMONG ITS BRANCHES OF GOVERNMENT CONCERNING THE STATE 'S19
PARTICIPATION IN, AND COMPLIANCE WITH , THE COMPACT AND20
I
NTERSTATE COMMISSION ACTIVITIES, THROUGH THE CREATION OF AN21
ADVISORY COUNCIL OR USE OF AN EXISTING BODY OR BOARD .22
G. E
ACH MEMBER STATE SHALL ESTABLISH A CENTRAL STATE23
COMPACT OFFICE, WHICH SHALL BE RESPONSIBLE FOR STATE COMPLIANCE24
WITH THE COMPACT AND THE RULES OF THE INTERSTATE COMMISSION.25
H. T
HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE26
SHALL OVERSEE COMPLIANCE WITH THE PROVISIONS OF THE INDIAN CHILD27
125
-20- WELFARE ACT (25 U.S.C. 1901 ET SEQ.) FOR PLACEMENTS SUBJECT TO1
THE PROVISIONS OF THIS COMPACT, PRIOR TO PLACEMENT.2
I. W
ITH THE CONSENT OF THE INTERSTATE COMMISSION, STATES3
MAY ENTER INTO LIMITED AGREEMENTS THAT FACILITATE THE TIMELY4
ASSESSMENT AND PROVISION OF SERVICES AND SUPERVISION OF5
PLACEMENTS UNDER THIS COMPACT .6
ARTICLE VIII.7
INTERSTATE COMMISSION FOR THE PLACEMENT8
OF CHILDREN9
T
HE MEMBER STATES HEREBY ESTABLISH , BY WAY OF THIS COMPACT, A10
COMMISSION KNOWN AS THE "INTERSTATE COMMISSION FOR THE11
P
LACEMENT OF CHILDREN". THE ACTIVITIES OF THE INTERSTATE12
C
OMMISSION ARE THE FORMATION OF PUBLIC POLICY AND ARE A13
DISCRETIONARY STATE FUNCTION . THE INTERSTATE COMMISSION SHALL:14
A. B
E A JOINT COMMISSION OF THE MEMBER STATES AND SHALL15
HAVE THE RESPONSIBILITIES, POWERS, AND DUTIES SET FORTH HEREIN,16
AND SUCH ADDITIONAL POWERS AS MAY BE CONFERRED UPON IT BY17
SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE LEGISLATURES OF18
THE MEMBER STATES.19
B. C
ONSIST OF ONE COMMISSIONER FROM EACH MEMBER STATE20
WHO SHALL BE APPOINTED BY THE EXECUTIVE HEAD OF THE STATE HUMAN21
SERVICES ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE22
CHILD WELFARE PROGRAM . THE APPOINTED COMMISSIONER SHALL HAVE23
THE LEGAL AUTHORITY TO VOTE ON POLICY-RELATED MATTERS GOVERNED24
BY THIS COMPACT BINDING THE STATE.25
1. E
ACH MEMBER STATE REPRESENTED AT A MEETING OF THE26
I
NTERSTATE COMMISSION IS ENTITLED TO ONE VOTE.27
125
-21- 2. A MAJORITY OF THE MEMBER STATES SHALL CONSTITUTE A1
QUORUM FOR THE TRANSACTION OF BUSINESS , UNLESS A LARGER QUORUM2
IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION.3
3. A
REPRESENTATIVE SHALL NOT DELEGATE A VOTE TO ANOTHER4
MEMBER STATE.5
4. A
REPRESENTATIVE MAY DELEGATE VOTING AUTHORITY TO6
ANOTHER PERSON FROM THEIR STATE FOR A SPECIFIED MEETING .7
C. I
N ADDITION TO THE COMMISSIONERS OF EACH MEMBER STATE ,8
THE INTERSTATE COMMISSION SHALL INCLUDE PERSONS WHO ARE9
MEMBERS OF INTERESTED ORGANIZATIONS AS DEFINED IN THE BYLAWS OR10
RULES OF THE INTERSTATE COMMISSION. SUCH MEMBERS SHALL BE EX11
OFFICIO AND SHALL NOT BE ENTITLED TO VOTE ON ANY MATTER BEFORE12
THE INTERSTATE COMMISSION.13
D. E
STABLISH AN EXECUTIVE COMMITTEE WHICH SHALL HAVE THE14
AUTHORITY TO ADMINISTER THE DAY -TO-DAY OPERATIONS AND15
ADMINISTRATION OF THE INTERSTATE COMMISSION. IT SHALL NOT HAVE16
THE POWER TO ENGAGE IN RULEMAKING .17
ARTICLE IX.18
POWERS AND DUTIES OF THE19
INTERSTATE COMMISSION20
T
HE INTERSTATE COMMISSION SHALL HAVE THE FOLLOWING POWERS :21
A. T
O PROMULGATE RULES AND TAKE ALL NECESSARY ACTIONS TO22
EFFECT THE GOALS, PURPOSES, AND OBLIGATIONS AS ENUMERATED IN THIS23
COMPACT.24
B. T
O PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES .25
C. T
O ISSUE, UPON REQUEST OF A MEMBER STATE , ADVISORY26
OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF THE27
125
-22- INTERSTATE COMPACT, ITS BYLAWS, RULES, OR ACTIONS.1
D. T
O ENFORCE COMPLIANCE WITH THIS COMPACT OR THE BYLAWS2
OR RULES OF THE INTERSTATE COMMISSION PURSUANT TO ARTICLE XII.3
E. T
O COLLECT STANDARDIZED DATA CONCERNING THE4
INTERSTATE PLACEMENT OF CHILDREN SUBJECT TO THIS COMPACT AS5
DIRECTED THROUGH ITS RULES, WHICH SHALL SPECIFY THE DATA TO BE6
COLLECTED, THE MEANS OF COLLECTION , AND DATA EXCHANGE AND7
REPORTING REQUIREMENTS .8
F. T
O ESTABLISH AND MAINTAIN OFFICES AS MAY BE NECESSARY9
FOR THE TRANSACTING OF ITS BUSINESS.10
G. T
O PURCHASE AND MAINTAIN INSURANCE AND BONDS .11
H. T
O HIRE OR CONTRACT FOR SERVICES OF PERSONNEL OR12
CONSULTANTS AS NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THE13
COMPACT AND ESTABLISH PERSONNEL QUALIFICATION POLICIES AND14
RATES OF COMPENSATION.15
I. T
O ESTABLISH AND APPOIN T COMMITTEES AND OFFICERS16
INCLUDING, BUT NOT LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED17
BY ARTICLE X.18
J. T
O ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY ,19
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE,20
UTILIZE, AND DISPOSE THEREOF.21
K. T
O LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS22
OF, OR OTHERWISE TO OWN, HOLD, IMPROVE, OR USE ANY PROPERTY, REAL,23
PERSONAL, OR MIXED.24
L. T
O SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,25
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL,26
OR MIXED.27
125
-23- M. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES .1
N. T
O ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT2
AND OPERATION OF THE INTERSTATE COMMISSION.3
O. T
O REPORT ANNUALLY TO THE LEGISLATURES , GOVERNORS, THE4
JUDICIARY, AND STATE ADVISORY COUNCILS OF THE MEMBER STATES5
CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING6
THE PRECEDING YEAR . SUCH REPORTS SHALL ALSO INCLUDE ANY7
RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTERSTATE8
C
OMMISSION.9
P. T
O COORDINATE AND PROVIDE EDUCATION , TRAINING, AND10
PUBLIC AWARENESS REGARDING THE INTERSTATE MOVEMENT OF11
CHILDREN FOR OFFICIALS INVOLVED IN SUCH ACTIVITY .12
Q. T
O MAINTAIN BOOKS AND RECORDS IN ACCORDANCE WITH THE13
BYLAWS OF THE INTERSTATE COMMISSION.14
R. T
O PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR15
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT .16
ARTICLE X.17
ORGANIZATION AND OPERATION OF THE18
INTERSTATE COMMISSION19
A. B
YLAWS20
1. W
ITHIN 12 MONTHS AFTER THE FIRST INTERSTATE COMMISSION21
MEETING, THE INTERSTATE COMMISSION SHALL ADOPT BYLAWS TO22
GOVERN ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY23
OUT THE PURPOSES OF THE COMPACT .24
2. T
HE INTERSTATE COMMISSION'S BYLAWS AND RULES SHALL25
ESTABLISH CONDITIONS AND PROCEDURES UNDER WHICH THE INTERSTATE26
C
OMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL RECORDS27
125
-24- AVAILABLE TO THE PUBLIC FOR INSPECTION OR COPYING . THE INTERSTATE1
C
OMMISSION MAY EXEMPT FROM DISCLOSURE INFORMATION OR OFFICIAL2
RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT PERSONAL3
PRIVACY RIGHTS OR PROPRIETARY INTERESTS .4
B. M
EETINGS5
1. T
HE INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE6
EACH CALENDAR YEAR . THE CHAIRPERSON MAY CALL ADDITIONAL7
MEETINGS AND UPON THE REQUEST OF A SIMPLE MAJORITY OF THE8
MEMBER STATES SHALL CALL ADDITIONAL MEETINGS .9
2. P
UBLIC NOTICE SHALL BE GIVEN BY THE INTERSTATE10
C
OMMISSION OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN TO THE11
PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED12
IN THE COMPACT. THE INTERSTATE COMMISSION AND ITS COMMITTEES13
MAY CLOSE A MEETING, OR PORTION THEREOF, WHERE IT DETERMINES BY14
TWO-THIRDS VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO :15
a. R
ELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL16
PERSONNEL PRACTICES AND PROCEDURES ; OR17
b. D
ISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE18
BY FEDERAL LAW; OR19
c. D
ISCLOSE FINANCIAL OR COMMERCIAL INFORMATION WHICH IS20
PRIVILEGED, PROPRIETARY, OR CONFIDENTIAL IN NATURE; OR21
d. I
NVOLVE ACCUSING A PERSON OF A CRIME , OR FORMALLY22
CENSURING A PERSON; OR23
e. D
ISCLOSE INFORMATION OF A PERSONAL NATURE WHERE24
DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF25
PERSONAL PRIVACY OR PHYSICALLY ENDANGER ONE OR MORE PERSONS ;26
OR27
125
-25- f. DISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW1
ENFORCEMENT PURPOSES ; OR2
g. S
PECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S3
PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING .4
3. F
OR A MEETING, OR A PORTION OF A MEETING , CLOSED5
PURSUANT TO THIS PROVISION, THE INTERSTATE COMMISSION'S LEGAL6
COUNSEL OR DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE7
CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTION PROVISION .8
T
HE INTERSTATE COMMISSION SHALL KEEP MINUTES WHICH SHALL FULLY9
AND CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND10
SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN ,11
AND THE REASONS THEREFORE , INCLUDING A DESCRIPTION OF THE VIEWS12
EXPRESSED AND THE
RECORD OF A ROLL CALL VOTE . ALL DOCUMENTS13
CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN14
SUCH MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED MEETING15
SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE16
OF THE INTERSTATE COMMISSION OR BY COURT ORDER .17
4. T
HE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE18
C
OMMISSION TO BE CONDUCTED BY TELECOMMUNICATION OR OTHER19
ELECTRONIC COMMUNICATION .20
C. O
FFICERS AND STAFF21
1. T
HE INTERSTATE COMMISSION MAY, THROUGH ITS EXECUTIVE22
COMMITTEE, APPOINT OR RETAIN A STAFF DIRECTOR FOR SUCH PERIOD ,23
UPON SUCH TERMS AND CONDITIONS AND FOR SUCH COMPENSATION AS24
THE INTERSTATE COMMISSION MAY DEEM APPROPRIATE . THE STAFF25
DIRECTOR SHALL SERVE AS SECRETARY TO THE INTERSTATE COMMISSION,26
BUT SHALL NOT HAVE A VOTE . THE STAFF DIRECTOR MAY HIRE AND27
125
-26- SUPERVISE SUCH OTHER STAFF AS MAY BE AUTHORIZED BY THE1
I
NTERSTATE COMMISSION.2
2. T
HE INTERSTATE COMMISSION SHALL ELECT, FROM AMONG ITS3
MEMBERS, A CHAIRPERSON AND A VICE CHAIRPERSON OF THE EXECUTIVE4
COMMITTEE AND OTHER NECESSARY OFFICERS , EACH OF WHOM SHALL5
HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECIFIED IN THE BYLAWS .6
D. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION7
1. T
HE INTERSTATE COMMISSION'S STAFF DIRECTOR AND ITS8
EMPLOYEES SHALL BE IMMUNE FROM SUIT AND LIABILITY , EITHER9
PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR A CLAIM FOR DAMAGE10
TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY11
CAUSED OR ARISING OUT OF OR RELATING TO AN ACTUAL OR ALLEGED ACT ,12
ERROR, OR OMISSION THAT OCCURRED , OR THAT SUCH PERSON HAD A13
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF14
I
NTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;15
PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR16
LIABILITY FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY A17
CRIMINAL ACT OR THE INTENTIONAL OR WILLFUL AND WANTON18
MISCONDUCT OF SUCH PERSON .19
a. T
HE LIABILITY OF THE INTERSTATE COMMISSION'S STAFF20
DIRECTOR AND EMPLOYEES OR INTERSTATE COMMISSION21
REPRESENTATIVES, ACTING WITHIN THE SCOPE OF SUCH PERSON 'S22
EMPLOYMENT OR DUTIES FOR ACTS , ERRORS, OR OMISSIONS OCCURRING23
WITHIN SUCH PERSON'S STATE MAY NOT EXCEED THE LIMITS OF LIABILITY24
SET FORTH UNDER THE CONSTITUTION AND LAWS OF THAT STATE FOR25
STATE OFFICIALS, EMPLOYEES, AND AGENTS . THE INTERSTATE26
C
OMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES27
125
-27- FOR THE PURPOSES OF ANY SUCH ACTION . NOTHING IN THIS SUBSECTION1
SHALL BE CONSTRUED TO PROTECT SUCH PERSON FROM SUIT OR LIABILITY2
FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL ACT OR3
THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH4
PERSON.5
b. T
HE INTERSTATE COMMISSION SHALL DEFEND THE STAFF6
DIRECTOR AND ITS EMPLOYEES AND , SUBJECT TO THE APPROVAL OF THE7
A
TTORNEY GENERAL OR OTHER APPROPRIATE LEGAL COUNSEL OF THE8
MEMBER STATE, SHALL DEFEND THE COMMISSIONER OF A MEMBER STATE9
IN A CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF AN10
ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN11
THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR12
RESPONSIBILITIES, OR THAT THE DEFENDANT HAD A REASONABLE BASIS13
FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
COMMISSION14
EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL15
OR ALLEGED ACT , ERROR, OR OMISSION DID NOT RESULT FROM16
INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF17
SUCH PERSON.18
c. T
O THE EXTENT NOT COVERED BY THE STATE INVOLVED ,19
MEMBER STATE, OR THE INTERSTATE COMMISSION, THE REPRESENTATIVES20
OR EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE HELD21
HARMLESS IN THE AMOUNT OF A SETTLEMENT OR JUDGEMENT , INCLUDING22
ATTORNEY'S FEES AND COSTS, OBTAINED AGAINST SUCH PERSONS ARISING23
OUT OF AN ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT24
OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT ,25
DUTIES, OR RESPONSIBILITIES, OR THAT THE DEFENDANT HAD A26
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF27
125
-28- INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,1
PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID2
NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT3
ON THE PART OF SUCH PERSON.4
ARTICLE XI.5
RULEMAKING FUNCTIONS OF THE6
INTERSTATE COMMISSION7
A. T
HE INTERSTATE COMMISSION SHALL PROMULGATE AND8
PUBLISH RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE9
PURPOSES OF THE COMPACT.10
B. R
ULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET11
FORTH IN THIS ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT12
THERETO. SUCH RULEMAKING SHALL SUBSTANTIALLY CONFORM TO THE13
PRINCIPLES OF THE "MODEL STATE ADMINISTRATIVE PROCEDURES ACT",14
1981
ACT, UNIFORM LAWS ANNOTATED, VOL. 15, P. 1 (2000), OR SUCH15
OTHER ADMINISTRATIVE PROCEDURE ACTS AS THE INTERSTATE16
C
OMMISSION DEEMS APPROPRIATE CONSISTENT WITH DUE PROCESS17
REQUIREMENTS UNDER THE UNITED STATES CONSTITUTION AS NOW OR18
HEREAFTER INTERPRETED BY THE U.S. SUPREME COURT. ALL RULES AND19
AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED , AS20
PUBLISHED WITH THE FINAL VERSION OF THE RULE AS APPROVED BY THE21
I
NTERSTATE COMMISSION.22
C. W
HEN PROMULGATING A RULE, THE INTERSTATE COMMISSION23
SHALL, AT A MINIMUM:24
1. P
UBLISH THE PROPOSED RULE 'S ENTIRE TEXT STATING THE25
REASON(S) FOR THAT PROPOSED RULE; AND26
2. A
LLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN27
125
-29- DATA, FACTS, OPINIONS, AND ARGUMENTS, WHICH INFORMATION SHALL BE1
ADDED TO THE RECORD, AND BE MADE PUBLICLY AVAILABLE ; AND2
3. P
ROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE , IF3
APPROPRIATE, BASED ON INPUT FROM STATE OR LOCAL OFFICIALS OR4
INTERESTED PARTIES.5
D. R
ULES PROMULGATED BY THE INTERSTATE COMMISSION SHALL6
HAVE THE FORCE AND EFFECT OF ADMINISTRATIVE RULES AND SHALL BE7
BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER8
PROVIDED FOR IN THIS COMPACT.9
E. N
OT LATER THAN 60 DAYS AFTER A RULE IS PROMULGATED, AN10
INTERESTED PERSON MAY FILE A PETITION IN THE U.S. DISTRICT COURT11
FOR THE DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT12
WHERE THE INTERSTATE COMMISSION'S PRINCIPAL OFFICE IS LOCATED FOR13
JUDICIAL REVIEW OF SUCH RULE . IF THE COURT FINDS THAT THE14
I
NTERSTATE COMMISSION'S ACTION IS NOT SUPPORTED BY SUBSTANTIAL15
EVIDENCE IN THE RULEMAKING RECORD , THE COURT SHALL HOLD THE16
RULE UNLAWFUL AND SET IT ASIDE.17
F. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES18
REJECTS A RULE, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR19
RESOLUTION IN THE SAME MANNER USED TO ADOPT THE COMPACT , CAUSE20
THAT SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY21
MEMBER STATE.22
G. T
HE EXISTING RULES GOVERNING THE OPERATION OF THE23
I
NTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN SUPERSEDED BY24
THIS ACT SHALL BE NULL AND VOID NO LESS THAN 12, BUT NO MORE THAN25
24,
MONTHS AFTER THE FIRST MEETING OF THE INTERSTATE COMMISSION26
CREATED HEREUNDER , AS DETERMINED BY THE MEMBERS DURING THE27
125
-30- FIRST MEETING.1
H. W
ITHIN THE FIRST 12 MONTHS OF OPERATION, THE INTERSTATE2
C
OMMISSION SHALL PROMULGATE RULES ADDRESSING THE FOLLOWING :3
1. T
RANSITION RULES.4
2. F
ORMS AND PROCEDURES.5
3. T
IME LINES.6
4. D
ATA COLLECTION AND REPORTING .7
5. R
ULEMAKING.8
6. V
ISITATION.9
7. P
ROGRESS REPORTS/SUPERVISION.10
8. S
HARING OF INFORMATION/CONFIDENTIALITY.11
9. F
INANCING OF THE INTERSTATE COMMISSION.12
10. M
EDIATION, ARBITRATION, AND DISPUTE RESOLUTION.13
11. E
DUCATION, TRAINING, AND TECHNICAL ASSISTANCE.14
12. E
NFORCEMENT.15
13. C
OORDINATION WITH OTHER INTERSTATE COMPACTS .16
I. U
PON DETERMINATION BY A MAJORITY OF THE MEMBERS OF THE17
I
NTERSTATE COMMISSION THAT AN EMERGENCY EXISTS :18
1. T
HE INTERSTATE COMMISSION MAY PROMULGATE AN19
EMERGENCY RULE ONLY IF IT IS REQUIRED TO:20
a. P
ROTECT THE CHILDREN COVERED BY THIS COMPACT FROM AN21
IMMINENT THREAT TO THEIR HEALTH , SAFETY, AND WELL-BEING; OR22
b. P
REVENT LOSS OF FEDERAL OR STATE FUNDS ; OR23
c. M
EET A DEADLINE FOR THE PROMULGATION OF AN24
ADMINISTRATIVE RULE REQUIRED BY FEDERAL LAW .25
2. A
N EMERGENCY RULE SHALL BECOME EFFECTIVE IMMEDIATELY26
UPON ADOPTION, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES27
125
-31- PROVIDED HEREUNDER SHALL BE RETROACTIVELY APPLIED TO SAID RULE1
AS SOON AS REASONABLY POSSIBLE, BUT NO LATER THAN 90 DAYS AFTER2
THE EFFECTIVE DATE OF THE EMERGENCY RULE .3
3. A
N EMERGENCY RULE SHALL BE PROMULGATED AS PROVIDED4
FOR IN THE RULES OF THE INTERSTATE COMMISSION.5
ARTICLE XII.6
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT7
A. O
VERSIGHT8
1. T
HE INTERSTATE COMMISSION SHALL OVERSEE THE9
ADMINISTRATION AND OPERATION OF THE COMPACT .10
2. T
HE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF11
STATE GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS12
COMPACT AND THE RULES OF THE INTERSTATE COMMISSION AND SHALL13
TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE14
COMPACT'S PURPOSES AND INTENT. THE COMPACT AND ITS RULES SHALL15
BE BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE16
MANNER PROVIDED FOR IN THIS COMPACT .17
3. A
LL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT18
AND THE RULES IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A19
MEMBER STATE PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT .20
4. T
HE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE21
SERVICE OF PROCESS IN ANY ACTION IN WHICH THE VALIDITY OF A22
COMPACT PROVISION OR RULE IS THE ISSUE FOR WHICH A JUDICIAL23
DETERMINATION HAS BEEN SOUGHT AND SHALL HAVE STANDING TO24
INTERVENE IN ANY PROCEEDINGS . FAILURE TO PROVIDE SERVICE OF25
PROCESS TO THE INTERSTATE COMMISSION SHALL RENDER ANY26
JUDGMENT, ORDER, OR OTHER DETERMINATION, HOWEVER SO CAPTIONED27
125
-32- OR CLASSIFIED, VOID AS TO THE INTERSTATE COMMISSION, THIS COMPACT,1
ITS BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.2
B. D
ISPUTE RESOLUTION3
1. T
HE INTERSTATE COMMISSION SHALL ATTEMPT , UPON THE4
REQUEST OF A MEMBER STATE, TO RESOLVE DISPUTES WHICH ARE SUBJECT5
TO THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES AND6
BETWEEN MEMBER AND NON -MEMBER STATES.7
2. T
HE INTERSTATE COMMISSION SHALL PROMULGATE A RULE8
PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR9
DISPUTES AMONG COMPACTING STATES . THE COSTS OF SUCH MEDIATION10
OR DISPUTE RESOLUTION SHALL BE THE RESPONSIBILITY OF THE PARTIES11
TO THE DISPUTE.12
C. E
NFORCEMENT13
1. I
F THE INTERSTATE COMMISSION DETERMINES THAT A MEMBER14
STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR15
RESPONSIBILITIES UNDER THIS COMPACT , ITS BYLAWS, OR RULES, THE16
I
NTERSTATE COMMISSION MAY:17
a. P
ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL18
ASSISTANCE; OR19
b. P
ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND20
OTHER MEMBER STATES, OF THE NATURE OF THE DEFAULT AND THE MEANS21
OF CURING THE DEFAULT. THE INTERSTATE COMMISSION SHALL SPECIFY22
THE CONDITIONS BY WHICH THE DEFAULTING STATE MUST CURE ITS23
DEFAULT; OR24
c. B
Y MAJORITY VOTE OF THE MEMBERS , INITIATE AGAINST A25
DEFAULTING MEMBER STATE LEGAL ACTION IN THE UNITED STATES26
D
ISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR, AT THE DISCRETION27
125
-33- OF THE INTERSTATE COMMISSION, IN THE FEDERAL DISTRICT WHERE THE1
I
NTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICE , TO ENFORCE2
COMPLIANCE WITH THE PROVISIONS OF THE COMPACT , ITS BYLAWS, OR3
RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND4
DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE5
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION6
INCLUDING REASONABLE ATTORNEY 'S FEES; OR7
d. A
VAIL ITSELF OF ANY OTHER REMEDIES AVAILABLE UNDER8
STATE LAW OR THE REGULATION OF OFFICIAL OR PROFESSIONAL CONDUCT .9
ARTICLE XIII.10
FINANCING OF THE COMMISSION11
A. T
HE INTERSTATE COMMISSION SHALL PAY, OR PROVIDE FOR THE12
PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,13
ORGANIZATION, AND ONGOING ACTIVITIES.14
B. T
HE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN15
ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF16
THE OPERATIONS AND ACTIVITIES OF THE INTERSTATE COMMISSION AND17
ITS STAFF WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER THE18
I
NTERSTATE COMMISSION'S ANNUAL BUDGET AS APPROVED BY ITS19
MEMBERS EACH YEAR. THE AGGREGATE ANNUAL ASSESSMENT AM OUNT20
SHALL BE ALLOCATED BASED UPON A FORMULA TO BE DETERMINED BY THE21
I
NTERSTATE COMMISSION WHICH SHALL PROMULGATE A RULE BINDING22
UPON ALL MEMBER STATES.23
C. T
HE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS24
OF ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE25
SAME; NOR SHALL THE INTERSTATE COMMISSION PLEDGE THE CREDIT OF26
ANY OF THE MEMBER STATES , EXCEPT BY AND WITH THE AUTHORITY OF27
125
-34- THE MEMBER STATE.1
D. T
HE INTERSTATE COMMISSION SHALL KEEP ACCURATE2
ACCOUNTS OF ALL RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND3
DISBURSEMENTS OF THE INTERSTATE COMMISSION SHALL BE SUBJECT TO4
THE AUDIT AND ACC OUNTING PROCEDURES ESTABLISHED UNDER ITS5
BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS6
HANDLED BY THE INTERSTATE COMMISSION SHALL BE AUDITED YEARLY7
BY A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE REPORT OF8
THE AUDIT SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL9
REPORT OF THE INTERSTATE COMMISSION.10
ARTICLE XIV.11
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT12
A. A
NY STATE IS ELIGIBLE TO BECOME A MEMBER STATE .13
B. T
HE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON14
LEGISLATIVE ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN15
35
STATES. THE EFFECTIVE DATE SHALL BE THE LATER OF JULY 1, 2007, OR16
UPON ENACTMENT OF THE COMPACT INTO LAW BY THE 35TH STATE.17
T
HEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER18
MEMBER STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT19
STATE. THE EXECUTIVE HEADS OF STATE HUMAN SERVICES20
ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE CHILD21
WELFARE PROGRAM OF NON -MEMBER STATES OR THEIR DESIGNEES SHALL22
BE INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE23
C
OMMISSION ON A NON -VOTING BASIS PRIOR TO ADOPTION OF THE24
COMPACT BY ALL STATES.25
C. T
HE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO26
THE COMPACT FOR ENACTMENT BY THE MEMBER STATES . NO AMENDMENT27
125
-35- SHALL BECOME EFFECTIVE AND BINDING ON THE MEMBER STATES UNLESS1
AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE2
MEMBER STATES.3
ARTICLE XV.4
WITHDRAWAL AND DISSOLUTION5
A. W
ITHDRAWAL6
1. O
NCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND7
REMAIN BINDING UPON EACH AND EVERY MEMBER STATE ; PROVIDED THAT8
A MEMBER STATE MAY WITHDRAW FROM THE COMPACT SPECIFICALLY9
REPEALING THE STATUTE WHICH ENACTED THE COMPACT INTO LAW .10
2. W
ITHDRAWAL FROM THIS COMPACT SHALL BE BY THE11
ENACTMENT OF A STATUTE REPEALING THE SAME . THE EFFECTIVE DATE OF12
THE WITHDRAWAL SHALL BE THE EFFECTIVE DATE OF THE REPEAL OF THE13
STATUTE.14
3. T
HE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE15
PRESIDENT OF THE INTERSTATE COMMISSION IN WRITING UPON THE16
INTRODUCTION OF LEGISLATION REPEALING THIS COMPACT IN THE17
WITHDRAWING STATE. THE INTERSTATE COMMISSION SHALL THEN NOTIFY18
THE OTHER MEMBER STATES OF THE WITHDRAWING STATE 'S INTENT TO19
WITHDRAW.20
4. T
HE WITHDRAWING STATE IS RESPONSIBLE FOR ALL21
ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE22
EFFECTIVE DATE OF WITHDRAWAL .23
5. R
EINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE24
SHALL OCCUR UPON THE WITHDRAWING STATE REENACTING THE COMPACT25
OR UPON SUCH LATER DATE AS DETERMINED BY THE MEMBERS OF THE26
I
NTERSTATE COMMISSION.27
125
-36- B. DISSOLUTION OF COMPACT1
1. T
HIS COMPACT SHALL DISSOLVE EFFECTIVE UPON THE DATE OF2
THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES3
THE MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE .4
2. U
PON THE DISSOLUTION OF THIS COMPACT , THE COMPACT5
BECOMES NULL AND VOID AND SHALL BE OF NO FURTHER FORCE OR6
EFFECT, AND THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION7
SHALL BE CONCLUDED AND SURPLUS FUNDS SHALL BE DISTRIBUTED IN8
ACCORDANCE WITH THE BYLAWS .9
ARTICLE XVI.10
SEVERABILITY AND CONSTRUCTION11
A. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE , AND12
IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION IS DEEMED13
UNENFORCEABLE, THE REMAINING PROVISIONS OF THE COMPACT SHALL BE14
ENFORCEABLE.15
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY16
CONSTRUED TO EFFECTUATE ITS PURPOSES .17
C. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT18
THE CONCURRENT APPLICABILITY OF OTHER INTERSTATE COMPACTS TO19
WHICH THE STATES ARE MEMBERS .20
ARTICLE XVII.21
BINDING EFFECT OF COMPACT AND OTHER LAWS22
A. O
THER LAWS23
1. N
OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER24
LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WITH THIS COMPACT .25
B. B
INDING EFFECT OF THE COMPACT26
1. A
LL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION,27
125
-37- INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE INTERSTATE1
C
OMMISSION, ARE BINDING UPON THE MEMBER STATES .2
2. A
LL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND3
THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .4
3. I
N THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE5
CONSTITUTIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER6
STATE, SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE7
CONFLICT WITH THE CONSTITUTIONAL PROVISIONS IN QUESTION IN THAT8
MEMBER STATE.9
ARTICLE XVIII.10
INDIAN TRIBES11
NOTWITHSTANDING ANY OTHER PROVISION IN THIS COMPACT , THE12
I
NTERSTATE COMMISSION MAY PROMULGATE GUIDELINES TO PERMIT13
I
NDIAN TRIBES TO UTILIZE THE COMPACT TO ACHIEVE ANY OR ALL OF THE14
PURPOSES OF THE COMPACT AS SPECIFIED IN ARTICLE 1. THE INTERSTATE15
C
OMMISSION SHALL MAKE REASONABLE EFFORTS TO CONSULT WITH16
I
NDIAN TRIBES IN PROMULGATING GUIDELINES TO REFLECT THE DIVERSE17
CIRCUMSTANCES OF THE VARIOUS INDIAN TRIBES.18
SECTION 3.
Act subject to petition - effective date. This act19
takes effect at 12:01 a.m. on the day following the expiration of the20
ninety-day period after final adjournment of the general assembly; except21
that, if a referendum petition is filed pursuant to section 1 (3) of article V22
of the state constitution against this act or an item, section, or part of this23
act within such period, then the act, item, section, or part will not take24
effect unless approved by the people at the general election to be held in25
November 2024 and, in such case, will take effect on the date of the26
official declaration of the vote thereon by the governor.27
125
-38-