Colorado 2024 Regular Session

Colorado Senate Bill SB125 Compare Versions

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1+Second Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 24-0835.01 Jane Ritter x4342
18 SENATE BILL 24-125
2-BY SENATOR(S) Pelton B. and Michaelson Jenet, Baisley, Bridges,
3-Buckner, Cutter, Danielson, Ginal, Jaquez Lewis, Kolker, Marchman,
4-Pelton R., Priola, Winter F.;
5-also REPRESENTATIVE(S) Evans and Boesenecker, Duran, Kipp.
9+Senate Committees House Committees
10+Health & Human Services Health & Human Services
11+A BILL FOR AN ACT
612 C
7-ONCERNING THE ENACTMENT OF THE "INTERSTATE COMPACT FOR THE
8-PLACEMENT OF CHILDREN".
9-
10-Be it enacted by the General Assembly of the State of Colorado:
13+ONCERNING THE ENACTMENT OF THE "INTERSTATE COMPACT FOR101
14+THE PLACEMENT OF CHILDREN".102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+The bill enacts the "Interstate Compact for the Placement of
23+Children" (compact). The purpose of the compact is to:
24+! Provide a process through which children subject to this
25+compact are placed in safe and suitable homes in a timely
26+manner;
27+! Facilitate ongoing supervision of a placement, the delivery
28+HOUSE
29+Amended 2nd Reading
30+April 20, 2024
31+SENATE
32+3rd Reading Unamended
33+March 13, 2024
34+SENATE
35+Amended 2nd Reading
36+March 12, 2024
37+SENATE SPONSORSHIP
38+Pelton B. and Michaelson Jenet, Bridges, Buckner, Cutter, Danielson, Ginal, Jaquez
39+Lewis, Kolker, Marchman, Pelton R., Priola, Winter F.
40+HOUSE SPONSORSHIP
41+Evans and Boesenecker, Duran, Kipp
42+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43+Capital letters or bold & italic numbers indicate new material to be added to existing law.
44+Dashes through the words or numbers indicate deletions from existing law. of services, and communication between the states;
45+! Provide operating procedures that will ensure that children
46+are placed in safe and suitable homes in a timely manner;
47+! Provide for promulgation and enforcement of
48+administrative rules implementing the compact and
49+regulating the covered activities of the member states;
50+! Provide for uniform data collection and information
51+sharing between member states;
52+! Promote coordination between the compact, the interstate
53+compact for juveniles, the interstate compact on adoption
54+and medical assistance, and other compacts affecting the
55+placement of children and provision of services to children
56+otherwise subject to this compact;
57+! Provide for a state's continuing legal jurisdiction and
58+responsibility for placement and care of a child that it
59+would have had if the placement were intrastate; and
60+! Provide for the promulgation of guidelines, in collaboration
61+with Indian tribes, for interstate cases involving Indian
62+children as is or may be permitted by federal law.
63+Be it enacted by the General Assembly of the State of Colorado:1
1164 SECTION 1. Legislative declaration. (1) The general assembly
12-finds and declares that:
13-(a) Child abuse and neglect is a crisis that affects the safety and
14-welfare of vulnerable children on a global, national, state, and county level;
15-(b) Finding the appropriate temporary or permanent placement for
16-vulnerable children is key to helping families successfully navigate the child
17-welfare system;
18-(c) Although local placements are sought to mitigate disruption for
19-these vulnerable children, there are times when a placement in another state
20-NOTE: This bill has been prepared for the signatures of the appropriate legislative
21-officers and the Governor. To determine whether the Governor has signed the bill
22-or taken other action on it, please consult the legislative status sheet, the legislative
23-history, or the Session Laws.
24-________
25-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
26-through words or numbers indicate deletions from existing law and such material is not part of
27-the act. is the best and most stable option;
28-(d) The interstate compact for the placement of children was created
29-to allow assessment of placements in other states and to ensure services
30-would be provided after placement;
31-(e) However, the existing interstate compact for the placement of
32-children, established in 1960 and adopted by Colorado in 1975, is now
33-applied inconsistently among the member states, creating delays and
34-inconsistencies in placements;
35-(f) The revised interstate compact for the placement of children will
36-remove barriers and allow for the timely placement of children in safe and
37-appropriate homes. Additionally, member states will have the opportunity
38-to participate in a rule-making process that will provide consistency in the
39-implementation and application of the regulations.
40-(g) The revised interstate compact for the placement of children also
41-provides additional clarifying language acknowledging that if a portion of
42-the statutory language is found unconstitutional by a member state's highest
43-court, that portion is severable from the compact for that state; and
44-(h) The first thirty-five states to pass the revised interstate compact
45-will be included in the drafting process for the regulations.
46-(2) Therefore, the general assembly determines that:
47-(a) By adopting the revised language for the interstate compact for
48-the placement of children, Colorado is ensured a voice at the table and can
49-be a leader in bringing other states on board and drafting the new
50-regulations that consider and reflect all Colorado stakeholder viewpoints;
51-and
52-(b) Colorado representation at the interstate commission will ensure
53-child, family, and parent voices are represented.
54-SECTION 2. In Colorado Revised Statutes, repeal and reenact,
55-with amendments, part 18 of article 60 of title 24 as follows:
56-PART 18
57-PAGE 2-SENATE BILL 24-125 INTERSTATE COMPACT ON PLACEMENT
58-OF CHILDREN
65+2
66+finds and declares that:3
67+(a) Child abuse and neglect is a crisis that affects the safety and4
68+welfare of vulnerable children on a global, national, state, and county5
69+level;6
70+(b) Finding the appropriate temporary or permanent placement for7
71+vulnerable children is key to helping families successfully navigate the8
72+child welfare system;9
73+(c) Although local placements are sought to mitigate disruption10
74+for these vulnerable children, there are times when a placement in another11
75+state is the best and most stable option;12
76+(d) The interstate compact for the placement of children was13
77+created to allow assessment of placements in other states and to ensure14
78+125-2- services would be provided after placement;1
79+(e) However, the existing interstate compact for the placement of2
80+children, established in 1960 and adopted by Colorado in 1975, is now3
81+applied inconsistently among the member states, creating delays and4
82+inconsistencies in placements;5
83+(f) The revised interstate compact for the placement of children6
84+will remove barriers and allow for the timely placement of children in7
85+safe and appropriate homes. Additionally, member states will have the8
86+opportunity to participate in a rule-making process that will provide9
87+consistency in the implementation and application of the regulations.10
88+(g) The revised interstate compact for the placement of children11
89+also provides additional clarifying language acknowledging that if a12
90+portion of the statutory language is found unconstitutional by a member13
91+state's highest court, that portion is severable from the compact for that14
92+state; and15
93+(h) The first thirty-five states to pass the revised interstate16
94+compact will be included in the drafting process for the regulations.17
95+(2) Therefore, the general assembly determines that:18
96+(a) By adopting the revised language for the interstate compact for19
97+the placement of children, Colorado is ensured a voice at the table and20
98+can be a leader in bringing other states on board and drafting the new21
99+regulations that consider and reflect all Colorado stakeholder viewpoints;22
100+and23
101+(b) Colorado representation at the interstate commission will24
102+ensure child, family, and parent voices are represented.25
103+SECTION 2. In Colorado Revised Statutes, repeal and reenact,26
104+with amendments, part 18 of article 60 of title 24 as follows:27
105+125
106+-3- PART 181
107+INTERSTATE COMPACT ON PLACEMENT2
108+OF CHILDREN3
59109 24-60-1801. Short title. T
60-HE SHORT TITLE OF THIS PART 18 IS THE
61-"INTERSTATE COMPACT ON PLACEMENT OF CHILDREN".
110+HE SHORT TITLE OF THIS PART 18 IS THE4
111+"I
112+NTERSTATE COMPACT ON PLACEMENT OF CHILDREN".5
62113 24-60-1802. Execution of compact. T
63-HE GOVERNOR IS AUTHORIZED
64-TO EXECUTE A COMPACT ON BEHALF OF THIS STATE WITH ANY OTHER STATE
65-OR STATES LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS
66-FOLLOWS
67-:
68-ARTICLE I.
69-PURPOSE
114+HE GOVERNOR IS6
115+AUTHORIZED TO EXECUTE A COMPACT ON BEHALF OF THIS STATE WITH7
116+ANY OTHER STATE OR STATES LEGALLY JOINING THEREIN IN THE FORM8
117+SUBSTANTIALLY AS FOLLOWS :9
118+ARTICLE I.10
119+PURPOSE11
70120 T
71-HE PURPOSE OF THIS INTERSTATE COMPACT FOR THE PLACEMENT OF
72-CHILDREN IS TO
73-:
121+HE PURPOSE OF THIS INTERSTATE COMPACT FOR THE PLACEMENT OF12
122+CHILDREN IS TO:13
74123 A. P
75-ROVIDE A PROCESS THROUGH WHICH CHILDREN SUBJECT TO THIS
76-COMPACT ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY MANNER
77-.
124+ROVIDE A PROCESS THROUGH WHICH CHILDREN SUBJECT TO14
125+THIS COMPACT ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY15
126+MANNER.16
78127 B. F
79-ACILITATE ONGOING SUPERVISION OF A PLACEMENT , THE
80-DELIVERY OF SERVICES
81-, AND COMMUNICATION BETWEEN THE STATES .
128+ACILITATE ONGOING SUPERVISION OF A PLACEMENT , THE17
129+DELIVERY OF SERVICES, AND COMMUNICATION BETWEEN THE STATES .18
82130 C. P
83-ROVIDE OPERATING PROCEDURES THAT WILL ENSURE THAT
84-CHILDREN ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY MANNER
85-.
131+ROVIDE OPERATING PROCEDURES THAT WILL ENSURE THAT19
132+CHILDREN ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY20
133+MANNER.21
86134 D. P
87-ROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF
88-ADMINISTRATIVE RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT
89-AND REGULATING THE COVERED ACTIVITIES OF THE MEMBER STATES
90-.
135+ROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF22
136+ADMINISTRATIVE RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT23
137+AND REGULATING THE COVERED ACTIVITIES OF THE MEMBER STATES .24
91138 E. P
92-ROVIDE FOR THE UNIFORM DATA COLLECTION AND INFORMATION
93-SHARING BETWEEN MEMBER STATES UNDER THIS COMPACT
94-.
139+ROVIDE FOR THE UNIFORM DATA COLLECTION AND25
140+INFORMATION SHARING BETWEEN MEMBER STATES UNDER THIS COMPACT .26
95141 F. P
96-ROMOTE COORDINATION BETWEEN THIS COMPACT , THE
97-INTERSTATE COMPACT FOR JUVENILES, THE INTERSTATE COMPACT ON
98-ADOPTION AND MEDICAL ASSISTANCE, AND OTHER COMPACTS AFFECTING
99-THE PLACEMENT OF AND WHICH PROVIDE SERVICES TO CHILDREN OTHERWISE
100-SUBJECT TO THIS COMPACT
101-.
142+ROMOTE COORDINATION BETWEEN THIS COMPACT , THE27
143+125
144+-4- INTERSTATE COMPACT FOR JUVENILES, THE INTERSTATE COMPACT ON1
145+A
146+DOPTION AND MEDICAL ASSISTANCE, AND OTHER COMPACTS AFFECTING2
147+THE PLACEMENT OF AND WHICH PROVIDE SERVICES TO CHILDREN3
148+OTHERWISE SUBJECT TO THIS COMPACT .4
102149 G. P
103-ROVIDE FOR A STATE'S CONTINUING LEGAL JURISDICTION AND
104-RESPONSIBILITY FOR PLACEMENT AND CARE OF A CHILD THAT IT WOULD
105-HAVE HAD IF THE PLACEMENT WERE INTRASTATE
106-.
107-PAGE 3-SENATE BILL 24-125 H. PROVIDE FOR THE PROMULGATION OF GUIDELINES , IN
108-COLLABORATION WITH
109-INDIAN TRIBES, FOR INTERSTATE CASES INVOLVING
110-INDIAN CHILDREN AS IS OR MAY BE PERMITTED BY FEDERAL LAW .
111-ARTICLE II.
112-DEFINITIONS
150+ROVIDE FOR A STATE'S CONTINUING LEGAL JURISDICTION AND5
151+RESPONSIBILITY FOR PLACEMENT AND CARE OF A CHILD THAT IT WOULD6
152+HAVE HAD IF THE PLACEMENT WERE INTRASTATE .7
153+H. P
154+ROVIDE FOR THE PROMULGATION OF GUIDELINES , IN8
155+COLLABORATION WITH INDIAN TRIBES, FOR INTERSTATE CASES INVOLVING9
156+I
157+NDIAN CHILDREN AS IS OR MAY BE PERMITTED BY FEDERAL LAW .10
158+ARTICLE II.11
159+DEFINITIONS12
113160 A
114-S USED IN THIS COMPACT:
161+S USED IN THIS COMPACT:13
115162 A. "A
116-PPROVED PLACEMENT" MEANS THE PUBLIC CHILD PLACING
117-AGENCY IN THE RECEIVING STATE HAS DETERMINED THAT THE PLACEMENT
118-IS BOTH SAFE AND SUITABLE FOR THE CHILD
119-.
163+PPROVED PLACEMENT" MEANS THE PUBLIC CHILD PLACING14
164+AGENCY IN THE RECEIVING STATE HAS DETERMINED THAT THE PLACEMENT15
165+IS BOTH SAFE AND SUITABLE FOR THE CHILD.16
120166 B. "A
121-SSESSMENT" MEANS AN EVALUATION OF A PROSPECTIVE
122-PLACEMENT BY A PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
123-TO DETERMINE IF THE PLACEMENT MEETS THE INDIVIDUALIZED NEEDS OF THE
124-CHILD
125-, INCLUDING, BUT NOT LIMITED TO , THE CHILD'S SAFETY AND
126-STABILITY
127-, HEALTH AND WELL -BEING, AND MENTAL, EMOTIONAL, AND
128-PHYSICAL DEVELOPMENT
129-. AN ASSESSMENT IS ONLY APPLICABLE TO A
130-PLACEMENT BY A PUBLIC CHILD PLACING AGENCY
131-.
167+SSESSMENT" MEANS AN EVALUATION OF A PROSPECTIVE17
168+PLACEMENT BY A PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE18
169+TO DETERMINE IF THE PLACEMENT MEETS THE INDIVIDUALIZED NEEDS OF19
170+THE CHILD, INCLUDING, BUT NOT LIMITED TO, THE CHILD'S SAFETY AND20
171+STABILITY, HEALTH AND WELL-BEING, AND MENTAL, EMOTIONAL, AND21
172+PHYSICAL DEVELOPMENT . AN ASSESSMENT IS ONLY APPLICABLE TO A22
173+PLACEMENT BY A PUBLIC CHILD PLACING AGENCY .23
132174 C. "C
133-ERTIFICATION" MEANS TO ATTEST, DECLARE, OR SWEAR TO
134-BEFORE A JUDGE
135-, MAGISTRATE, OR NOTARY PUBLIC.
175+ERTIFICATION" MEANS TO ATTEST, DECLARE, OR SWEAR TO24
176+BEFORE A JUDGE, MAGISTRATE,
177+ OR NOTARY PUBLIC.25
136178 D. "C
137-HILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE
138-OF EIGHTEEN
139-(18).
140-E. "D
141-EFAULT" MEANS THE FAILURE OF A MEMBER STATE TO PERFORM
142-THE OBLIGATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THIS COMPACT
143-,
144-THE BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.
179+HILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED THE26
180+AGE OF EIGHTEEN (18).27
181+125
182+-5- E. "DEFAULT" MEANS THE FAILURE OF A MEMBER STATE TO1
183+PERFORM THE OBLIGATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY2
184+THIS COMPACT, THE BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.3
145185 F. "H
146-OME STUDY" MEANS AN EVALUATION OF A HOME ENVIRONMENT
147-CONDUCTED IN ACCORDANCE WITH THE APPLICABLE REQUIREMENTS OF THE
148-STATE IN WHICH THE HOME IS LOCATED
149-, AND DOCUMENTS THE PREPARATION
150-AND THE SUITABILITY OF THE PLACEMENT RESOURCE FOR PLACEMENT OF A
151-CHILD IN ACCORDANCE WITH THE LAWS AND REQUIREMENTS OF THE STATE
152-IN WHICH THE HOME IS LOCATED
153-.
186+OME STUDY" MEANS AN EVALUATION OF A HOME4
187+ENVIRONMENT CONDUCTED IN ACCORDANCE WITH THE APPLICABLE5
188+REQUIREMENTS OF THE STATE IN WHICH THE HOME IS LOCATED , AND6
189+DOCUMENTS THE PREPARATION AND THE SUITABILITY OF THE PLACEMENT7
190+RESOURCE FOR PLACEMENT OF A CHILD IN ACCORDANCE WITH THE LAWS8
191+AND REQUIREMENTS OF THE STATE IN WHICH THE HOME IS LOCATED .9
154192 G. "I
155-NDIAN TRIBE" MEANS ANY INDIAN TRIBE, BAND, NATION, OR
156-OTHER ORGANIZED GROUP OR COMMUNITY OF
157-INDIANS RECOGNIZED AS
158-ELIGIBLE FOR SERVICES PROVIDED TO
159-INDIANS BY THE SECRETARY OF THE
160-INTERIOR BECAUSE OF THEIR STATUS AS INDIANS, INCLUDING ANY ALASKAN
161-PAGE 4-SENATE BILL 24-125 NATIVE VILLAGE AS DEFINED IN SECTION (3)(c) OF THE ALASKA NATIVE
162-CLAIMS SETTLEMENT ACT AT 43 U.S.C. SEC. 1602(c).
193+NDIAN TRIBE" MEANS ANY INDIAN TRIBE, BAND, NATION, OR10
194+OTHER ORGANIZED GROUP OR COMMUNITY OF INDIANS RECOGNIZED AS11
195+ELIGIBLE FOR SERVICES PROVIDED TO INDIANS BY THE SECRETARY OF THE12
196+I
197+NTERIOR BECAUSE OF THEIR STATUS AS INDIANS, INCLUDING ANY13
198+A
199+LASKAN NATIVE VILLAGE AS DEFINED IN SECTION (3)(c) OF THE ALASKA14
200+N
201+ATIVE CLAIMS SETTLEMENT ACT AT 43 U.S.C. SEC. 1602(c).15
163202 H. "I
164-NTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN"
165-MEANS THE COMMISSION THAT IS CREATED UNDER ARTICLE VIII OF THIS
166-COMPACT AND WHICH IS GENERALLY REFERRED TO AS THE
167-INTERSTATE
168-COMMISSION.
203+NTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN"16
204+MEANS THE COMMISSION THAT IS CREATED UNDER ARTICLE VIII OF THIS17
205+COMPACT AND WHICH IS GENERALLY REFERRED TO AS THE INTERSTATE18
206+C
207+OMMISSION.19
169208 I. "J
170-URISDICTION" MEANS THE POWER AND AUTHORITY OF A COURT
171-TO HEAR AND DECIDE MATTERS
172-.
209+URISDICTION" MEANS THE POWER AND AUTHORITY OF A COURT20
210+TO HEAR AND DECIDE MATTERS .21
173211 J. "L
174-EGAL RISK PLACEMENT" ("LEGAL RISK ADOPTION") MEANS A
175-PLACEMENT MADE PRELIMINARY TO AN ADOPTION WHERE THE PROSPECTIVE
176-ADOPTIVE PARENTS ACKNOWLEDGE IN WRITING THAT A CHILD CAN BE
177-ORDERED RETURNED TO THE SENDING STATE OR THE BIRTH MOTHER
178-'S STATE
179-OF RESIDENCE
180-, IF DIFFERENT FROM THE SENDING STATE, AND A FINAL DECREE
181-OF ADOPTION SHALL NOT BE ENTERED IN ANY JURISDICTION UNTIL ALL
182-REQUIRED CONSENTS ARE OBTAINED OR ARE DISPENSED WITH IN
183-ACCORDANCE WITH APPLICABLE LAW
184-.
212+EGAL RISK PLACEMENT" ("LEGAL RISK ADOPTION") MEANS22
213+A PLACEMENT MADE PRELIMINARY TO AN ADOPTION WHERE THE23
214+PROSPECTIVE ADOPTIVE PARENTS ACKNOWLEDGE IN WRITING THAT A24
215+CHILD CAN BE ORDERED RETURNED TO THE SENDING STATE OR THE BIRTH25
216+MOTHER'S STATE OF RESIDENCE, IF DIFFERENT FROM THE SENDING STATE,26
217+AND A FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY27
218+125
219+-6- JURISDICTION UNTIL ALL REQUIRED CONSENTS ARE OBTAINED OR ARE1
220+DISPENSED WITH IN ACCORDANCE WITH APPLICABLE LAW .2
185221 K. "M
186-EMBER STATE" MEANS A STATE THAT HAS ENACTED THIS
187-COMPACT
188-.
222+EMBER STATE" MEANS A STATE THAT HAS ENACTED THIS3
223+COMPACT.4
189224 L. "N
190-ON-CUSTODIAL PARENT" MEANS A PERSON WHO, AT THE TIME
191-OF THE COMMENCEMENT OF COURT PROCEEDINGS IN THE SENDING STATE
192-,
193-DOES NOT HAVE SOLE LEGAL CUSTODY OF THE CHILD OR HAS JOINT LEGAL
194-CUSTODY OF A CHILD
195-, AND WHO IS NOT THE SUBJECT OF ALLEGATIONS OR
196-FINDINGS OF CHILD ABUSE OR NEGLECT
197-.
225+ON-CUSTODIAL PARENT" MEANS A PERSON WHO, AT THE TIME5
226+OF THE COMMENCEMENT OF COURT PROCEEDINGS IN THE SENDING STATE ,6
227+DOES NOT HAVE SOLE LEGAL CUSTODY OF THE CHILD OR HAS JOINT LEGAL7
228+CUSTODY OF A CHILD, AND WHO IS NOT THE SUBJECT OF ALLEGATIONS OR8
229+FINDINGS OF CHILD ABUSE OR NEGLECT.9
198230 M. "N
199-ON-MEMBER STATE" MEANS A STATE WHICH HAS NOT ENACTED
200-THIS COMPACT
201-.
231+ON-MEMBER STATE" MEANS A STATE WHICH HAS NOT10
232+ENACTED THIS COMPACT.11
202233 N. "N
203-OTICE OF RESIDENTIAL PLACEMENT " MEANS INFORMATION
204-REGARDING A PLACEMENT INTO A RESIDENTIAL FACILITY PROVIDED TO THE
205-RECEIVING STATE INCLUDING
206-, BUT NOT LIMITED TO, THE NAME, DATE, AND
207-PLACE OF BIRTH OF THE CHILD
208-, THE IDENTITY AND ADDRESS OF THE PARENT
209-OR LEGAL GUARDIAN
210-, EVIDENCE OF AUTHORITY TO MAKE THE PLACEMENT ,
211-AND THE NAME AND ADDRESS OF THE FACILITY IN WHICH THE CHILD WILL BE
212-PLACED
213-. NOTICE OF RESIDENTIAL PLACEMENT SHALL ALSO INCLUDE
214-INFORMATION REGARDING A DISCHARGE AND ANY UNAUTHORIZED ABSENCE
215-PAGE 5-SENATE BILL 24-125 FROM THE FACILITY.
234+OTICE OF RESIDENTIAL PLACEMENT " MEANS INFORMATION12
235+REGARDING A PLACEMENT INTO A RESIDENTIAL FACILITY PROVIDED TO THE13
236+RECEIVING STATE INCLUDING, BUT NOT LIMITED TO, THE NAME, DATE, AND14
237+PLACE OF BIRTH OF THE CHILD , THE IDENTITY AND ADDRESS OF THE15
238+PARENT OR LEGAL GUARDIAN , EVIDENCE OF AUTHORITY TO MAKE THE16
239+PLACEMENT, AND THE NAME AND ADDRESS OF THE FACILITY IN WHICH THE17
240+CHILD WILL BE PLACED. NOTICE OF RESIDENTIAL PLACEMENT SHALL ALSO18
241+INCLUDE INFORMATION REGARDING A DISCHARGE AND ANY19
242+UNAUTHORIZED ABSENCE FROM THE FACILITY .20
216243 O. "P
217-LACEMENT" MEANS THE ACT BY A PUBLIC OR PRIVATE CHILD
218-PLACING AGENCY INTENDED TO ARRANGE FOR THE CARE OR CUSTODY OF A
219-CHILD IN ANOTHER STATE
220-.
244+LACEMENT" MEANS THE ACT BY A PUBLIC OR PRIVATE CHILD21
245+PLACING AGENCY INTENDED TO ARRANGE FOR THE CARE OR CUSTODY OF22
246+A CHILD IN ANOTHER STATE.23
221247 P. "P
222-RIVATE CHILD PLACING AGENCY " MEANS ANY PRIVATE
223-CORPORATION
224-, AGENCY, FOUNDATION, INSTITUTION, OR CHARITABLE
225-ORGANIZATION
226-, OR ANY PRIVATE PERSON OR ATTORNEY THAT FACILITATES ,
227-CAUSES, OR IS INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO
228-ANOTHER AND THAT IS NOT AN INSTRUMENTALITY OF THE STATE OR ACTING
229-UNDER COLOR OF STATE LAW
230-.
248+RIVATE CHILD PLACING AGENCY " MEANS ANY PRIVATE24
249+CORPORATION, AGENCY, FOUNDATION, INSTITUTION, OR CHARITABLE25
250+ORGANIZATION, OR ANY PRIVATE PERSON OR ATTORNEY THAT26
251+FACILITATES, CAUSES, OR IS INVOLVED IN THE PLACEMENT OF A CHILD27
252+125
253+-7- FROM ONE STATE TO ANOTHER AND THAT IS NOT AN INSTRUMENTALITY OF1
254+THE STATE OR ACTING UNDER COLOR OF STATE LAW .2
231255 Q. "P
232-ROVISIONAL PLACEMENT" MEANS A DETERMINATION MADE BY
233-THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE THAT THE
234-PROPOSED PLACEMENT IS SAFE AND SUITABLE
235-, AND, TO THE EXTENT
236-ALLOWABLE
237-, THE RECEIVING STATE HAS TEMPORARILY WAIVED ITS
238-STANDARDS OR REQUIREMENTS OTHERWISE APPLICABLE TO PROSPECTIVE
239-FOSTER OR ADOPTIVE PARENTS SO AS TO NOT DELAY THE PLACEMENT
240-.
256+ROVISIONAL PLACEMENT" MEANS A DETERMINATION MADE3
257+BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE THAT THE4
258+PROPOSED PLACEMENT IS SAFE AND SUITABLE , AND, TO THE EXTENT5
259+ALLOWABLE, THE RECEIVING STATE HAS TEMPORARILY WAIVED ITS6
260+STANDARDS OR REQUIREMENTS OTHERWISE APPLICABLE TO PROSPECTIVE7
261+FOSTER OR ADOPTIVE PARENTS SO AS TO NOT DELAY THE PLACEMENT .8
241262 C
242-OMPLETION OF THE RECEIVING STATE REQUIREMENTS REGARDING
243-TRAINING FOR PROSPECTIVE FOSTER OR ADOPTIVE PARENTS SHALL NOT
244-DELAY AN OTHERWISE SAFE AND SUITABLE PLACEMENT
245-.
263+OMPLETION OF THE RECEIVING STATE REQUIREMENTS REGARDING9
264+TRAINING FOR PROSPECTIVE FOSTER OR ADOPTIVE PARENTS SHALL NOT10
265+DELAY AN OTHERWISE SAFE AND SUITABLE PLACEMENT .11
246266 R. "P
247-UBLIC CHILD PLACING AGENCY " MEANS ANY GOVERNMENT
248-CHILD WELFARE AGENCY OR CHILD PROTECTION AGENCY OR A PRIVATE
249-ENTITY UNDER CONTRACT WITH SUCH AN AGENCY
250-, REGARDLESS OF
251-WHETHER IT ACTS ON BEHALF OF A STATE
252-, COUNTY, MUNICIPALITY, OR
253-OTHER GOVERNMENTAL UNIT AND WHICH FACILITATES
254-, CAUSES, OR IS
255-INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO ANOTHER
256-.
267+UBLIC CHILD PLACING AGENCY" MEANS ANY GOVERNMENT12
268+CHILD WELFARE AGENCY OR CHILD PROTECTION AGENCY OR A PRIVATE13
269+ENTITY UNDER CONTRACT WITH SUCH AN AGENCY , REGARDLESS OF14
270+WHETHER IT ACTS ON BEHALF OF A STATE , COUNTY, MUNICIPALITY, OR15
271+OTHER GOVERNMENTAL UNIT AND WHICH FACILITATES , CAUSES, OR IS16
272+INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO ANOTHER .17
257273 S. "R
258-ECEIVING STATE" MEANS THE STATE TO WHICH A CHILD IS SENT,
259-BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
274+ECEIVING STATE" MEANS THE STATE TO WHICH A CHILD IS18
275+SENT, BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.19
260276 T. "R
261-ELATIVE" MEANS SOMEONE WHO IS RELATED TO THE CHILD AS
262-A PARENT
263-, STEP-PARENT, SIBLING BY HALF OR WHOLE BLOOD OR BY
264-ADOPTION
265-, GRANDPARENT, AUNT, UNCLE, FIRST COUSIN, OR A NON-RELATIVE
266-WITH SUCH SIGNIFICANT TIES TO THE CHILD THAT THEY MAY BE REGARDED
267-AS RELATIVE
268-(S) AS DETERMINED BY THE COURT IN THE SENDING STATE .
277+ELATIVE" MEANS SOMEONE WHO IS RELATED TO THE CHILD20
278+AS A PARENT, STEP-PARENT, SIBLING BY HALF OR WHOLE BLOOD OR BY21
279+ADOPTION, GRANDPARENT, AUNT, UNCLE, FIRST COUSIN, OR A22
280+NON-RELATIVE WITH SUCH SIGNIFICANT TIES TO THE CHILD THAT THEY23
281+MAY BE REGARDED AS RELATIVE(S)
282+ AS DETERMINED BY THE COURT IN THE24
283+SENDING STATE.25
269284 U. "R
270-ESIDENTIAL FACILITY" MEANS A FACILITY PROVIDING A LEVEL
271-PAGE 6-SENATE BILL 24-125 OF CARE THAT IS SUFFICIENT TO SUBSTITUTE FOR PARENTAL RESPONSIBILITY
272-OR FOSTER CARE
273-, AND IS BEYOND WHAT IS NEEDED FOR ASSESSMENT OR
274-TREATMENT OF AN ACUTE CONDITION
275-. FOR PURPOSES OF THE COMPACT ,
276-RESIDENTIAL FACILITIES DO NOT INCLUDE INSTITUTIONS PRIMARILY
277-EDUCATIONAL IN CHARACTER
278-, HOSPITALS, OR OTHER MEDICAL FACILITIES.
285+ESIDENTIAL FACILITY" MEANS A FACILITY PROVIDING A26
286+LEVEL OF CARE THAT IS SUFFICIENT TO SUBSTITUTE FOR PARENTAL27
287+125
288+-8- RESPONSIBILITY OR FOSTER CARE, AND IS BEYOND WHAT IS NEEDED FOR1
289+ASSESSMENT OR TREATMENT OF AN ACUTE CONDITION . FOR PURPOSES OF2
290+THE COMPACT, RESIDENTIAL FACILITIES DO NOT INCLUDE INSTITUTIONS3
291+PRIMARILY EDUCATIONAL IN CHARACTER , HOSPITALS, OR OTHER MEDICAL4
292+FACILITIES.5
279293 V. "R
280-ULE" MEANS A WRITTEN DIRECTIVE, MANDATE, STANDARD, OR
281-PRINCIPLE ISSUED BY THE
282-INTERSTATE COMMISSION PROMULGATED
283-PURSUANT TO
284-ARTICLE XI OF THIS COMPACT THAT IS OF GENERAL
285-APPLICABILITY AND THAT IMPLEMENTS
286-, INTERPRETS, OR PRESCRIBES A
287-POLICY OR PROVISION OF THE COMPACT
288-. "RULE" HAS THE FORCE AND EFFECT
289-OF AN ADMINISTRATIVE RULE IN A MEMBER STATE
290-, AND INCLUDES THE
291-AMENDMENT
292-, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
294+ULE" MEANS A WRITTEN DIRECTIVE, MANDATE, STANDARD,6
295+OR PRINCIPLE ISSUED BY THE INTERSTATE COMMISSION PROMULGATED7
296+PURSUANT TO ARTICLE XI OF THIS COMPACT THAT IS OF GENERAL8
297+APPLICABILITY AND THAT IMPLEMENTS , INTERPRETS, OR PRESCRIBES A9
298+POLICY OR PROVISION OF THE COMPACT . "RULE" HAS THE FORCE AND10
299+EFFECT OF AN ADMINISTRATIVE RULE IN A MEMBER STATE , AND INCLUDES11
300+THE AMENDMENT, REPEAL, OR SUSPENSION OF AN EXISTING RULE.12
293301 W. "S
294-ENDING STATE" MEANS THE STATE FROM WHICH THE
295-PLACEMENT OF A CHILD IS INITIATED
296-.
302+ENDING STATE" MEANS THE STATE FROM WHICH THE13
303+PLACEMENT OF A CHILD IS INITIATED.14
297304 X. "S
298-ERVICE MEMBER'S PERMANENT DUTY STATION " MEANS THE
299-MILITARY INSTALLATION WHERE AN ACTIVE DUTY
300-ARMED SERVICES
301-MEMBER IS CURRENTLY ASSIGNED AND IS PHYSICALLY LOCATED UNDER
302-COMPETENT ORDERS THAT DO NOT SPECIFY THE DUTY AS TEMPORARY
303-.
305+ERVICE MEMBER'S PERMANENT DUTY STATION" MEANS THE15
306+MILITARY INSTALLATION WHERE AN ACTIVE DUTY ARMED SERVICES16
307+MEMBER IS CURRENTLY ASSIGNED AND IS PHYSICALLY LOCATED UNDER17
308+COMPETENT ORDERS THAT DO NOT SPECIFY THE DUTY AS TEMPORARY .18
304309 Y. "S
305-ERVICE MEMBER'S STATE OF LEGAL RESIDENCE" MEANS THE
306-STATE IN WHICH THE ACTIVE DUTY
307-ARMED SERVICES MEMBER IS
308-CONSIDERED A RESIDENT FOR TAX AND VOTING PURPOSES
309-.
310+ERVICE MEMBER'S STATE OF LEGAL RESIDENCE" MEANS THE19
311+STATE IN WHICH THE ACTIVE DUTY ARMED SERVICES MEMBER IS20
312+CONSIDERED A RESIDENT FOR TAX AND VOTING PURPOSES .21
310313 Z. "S
311-TATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT
312-OF
313-COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN
314-ISLANDS, GUAM, AMERICAN SAMOA, THE NORTHERN MARIANA ISLANDS,
315-AND ANY OTHER TERRITORY OF THE UNITED STATES.
314+TATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT22
315+OF COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN23
316+I
317+SLANDS, GUAM, AMERICAN SAMOA, THE NORTHERN MARIANA ISLANDS,24
318+AND ANY OTHER TERRITORY OF THE UNITED STATES.25
316319 AA. "S
317-TATE COURT" MEANS A JUDICIAL BODY OF A STATE THAT IS
318-VESTED BY LAW WITH RESPONSIBILITY FOR ADJUDICATING CASES INVOLVING
319-ABUSE
320-, NEGLECT, DEPRIVATION, DELINQUENCY, OR STATUS OFFENSES OF
321-INDIVIDUALS WHO HAVE NOT ATTAINED THE AGE OF EIGHTEEN
322-(18).
320+TATE COURT" MEANS A JUDICIAL BODY OF A STATE THAT IS26
321+VESTED BY LAW WITH RESPONSIBILITY FOR ADJUDICATING CASES27
322+125
323+-9- INVOLVING ABUSE, NEGLECT, DEPRIVATION, DELINQUENCY, OR STATUS1
324+OFFENSES OF INDIVIDUALS WHO HAVE NOT ATTAINED THE AGE OF2
325+EIGHTEEN (18).3
323326 BB. "S
324-UPERVISION" MEANS MONITORING PROVIDED BY THE
325-RECEIVING STATE ONCE A CHILD HAS BEEN PLACED IN A RECEIVING STATE
326-PURSUANT TO THIS COMPACT
327-.
328-ARTICLE III.
329-PAGE 7-SENATE BILL 24-125 APPLICABILITY
327+UPERVISION" MEANS MONITORING PROVIDED BY THE4
328+RECEIVING STATE ONCE A CHILD HAS BEEN PLACED IN A RECEIVING STATE5
329+PURSUANT TO THIS COMPACT.6
330+ARTICLE III.7
331+APPLICABILITY8
330332 A. E
331-XCEPT AS OTHERWISE PROVIDED IN ARTICLE III, SECTION B, THIS
332-COMPACT SHALL APPLY TO
333-:
333+XCEPT AS OTHERWISE PROVIDED IN ARTICLE III, SECTION B,9
334+THIS COMPACT SHALL APPLY TO:10
334335 1. T
335-HE INTERSTATE PLACEMENT OF A CHILD SUBJECT TO ONGOING
336-COURT JURISDICTION IN THE SENDING STATE
337-, DUE TO ALLEGATIONS OR
338-FINDINGS THAT THE CHILD HAS BEEN ABUSED
339-, NEGLECTED, OR DEPRIVED AS
340-DEFINED BY THE LAWS OF THE SENDING STATE
341-, PROVIDED, HOWEVER, THAT
342-THE PLACEMENT OF SUCH A CHILD INTO A RESIDENTIAL FACILITY SHALL
343-ONLY REQUIRE NOTICE OF RESIDENTIAL PLACEMENT TO THE RECEIVING
344-STATE PRIOR TO PLACEMENT
345-.
336+HE INTERSTATE PLACEMENT OF A CHILD SUBJECT TO ONGOING11
337+COURT JURISDICTION IN THE SENDING STATE , DUE TO ALLEGATIONS OR12
338+FINDINGS THAT THE CHILD HAS BEEN ABUSED , NEGLECTED, OR DEPRIVED13
339+AS DEFINED BY THE LAWS OF THE SENDING STATE , PROVIDED, HOWEVER,14
340+THAT THE PLACEMENT OF SUCH A CHILD INTO A RESIDENTIAL FACILITY15
341+SHALL ONLY REQUIRE NOTICE OF RESIDENTIAL PLACEMENT TO THE16
342+RECEIVING STATE PRIOR TO PLACEMENT .17
346343 2. T
347-HE INTERSTATE PLACEMENT OF A CHILD ADJUDICATED
348-DELINQUENT OR UNMANAGEABLE BASED ON THE LAWS OF THE SENDING
349-STATE AND SUBJECT TO ONGOING COURT JURISDICTION OF THE SENDING
350-STATE IF
351-:
344+HE INTERSTATE PLACEMENT OF A CHILD ADJUDICATED18
345+DELINQUENT OR UNM ANAGEABLE BASED ON THE LAWS OF THE SENDING19
346+STATE AND SUBJECT TO ONGOING COURT JURISDICTION OF THE SENDING20
347+STATE IF:21
352348 a. T
353-HE CHILD IS BEING PLACED IN A RESIDENTIAL FACILITY IN
354-ANOTHER MEMBER STATE AND IS NOT COVERED UNDER ANOTHER COMPACT
355-;
356-OR
357-b. THE CHILD IS BEING PLACED IN ANOTHER MEMBER STATE AND THE
358-DETERMINATION OF SAFETY AND SUITABILITY OF THE PLACEMENT AND
359-SERVICES REQUIRED IS NOT PROVIDED THROUGH ANOTHER COMPACT
360-.
349+HE CHILD IS BEING PLACED IN A RESIDENTIAL FACILITY IN22
350+ANOTHER MEMBER STATE AND IS NOT COVERED UNDER ANOTHER23
351+COMPACT; OR24
352+b. T
353+HE CHILD IS BEING PLACED IN ANOTHER MEMBER STATE AND25
354+THE DETERMINATION OF SAFETY AND SUITABILITY OF THE PLACEMENT AND26
355+SERVICES REQUIRED IS NOT PROVIDED THROUGH ANOTHER COMPACT .27
356+125
357+-10- 3. THE INTERSTATE PLACEMENT OF ANY CHILD BY A PUBLIC CHILD1
358+PLACING AGENCY OR PRIVATE CHILD PLACING AGENCY AS DEFINED IN THIS2
359+COMPACT AS A PRELIMINARY STEP TO A POSSIBLE ADOPTION .3
360+B. T
361+HE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO :4
362+1. T
363+HE INTERSTATE PLACEMENT OF A CHILD IN A CUSTODY5
364+PROCEEDING IN WHICH A PUBLIC CHILD PLACING AGENCY IS NOT A PARTY ,6
365+PROVIDED THE PLACEMENT IS NOT INTENDED TO EFFECTUATE AN7
366+ADOPTION.8
367+2. T
368+HE INTERSTATE PLACEMENT OF A CHILD WITH A NON -RELATIVE9
369+IN A RECEIVING STATE BY A PARENT WITH THE LEGAL AUTHORITY TO MAKE10
370+SUCH A PLACEMENT PROVIDED , HOWEVER, THAT THE PLACEMENT IS NOT11
371+INTENDED TO EFFECTUATE AN ADOPTION .12
361372 3. T
362-HE INTERSTATE PLACEMENT OF ANY CHILD BY A PUBLIC CHILD
363-PLACING AGENCY OR PRIVATE CHILD PLACING AGENCY AS DEFINED IN THIS
364-COMPACT AS A PRELIMINARY STEP TO A POSSIBLE ADOPTION
365-.
373+HE INTERSTATE PLACEMENT OF A CHILD BY ONE RELATIVE13
374+WITH THE LAWFUL AUTHORITY TO MAKE SUCH A PLACEMENT DIRECTLY14
375+WITH A RELATIVE IN A RECEIVING STATE.15
376+4. T
377+HE PLACEMENT OF A CHILD NOT SUBJECT TO ARTICLE III,16
378+S
379+ECTION A INTO A RESIDENTIAL FACILITY BY THE CHILD'S PARENT.17
380+5. T
381+HE PLACEMENT OF A CHILD WITH A NON -CUSTODIAL PARENT,18
382+PROVIDED THAT:19
383+a. T
384+HE NON-CUSTODIAL PARENT PROVES TO THE SATISFACTION OF20
385+A COURT IN THE SENDING STATE A SUBSTANTIAL RELATIONSHIP WITH THE21
386+CHILD; AND22
366387 b. T
367-HE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO :
388+HE COURT IN THE SENDING STATE MAKES A WRITTEN FINDING23
389+THAT PLACEMENT WITH THE NON -CUSTODIAL PARENT IS IN THE BEST24
390+INTERESTS OF THE CHILD; AND25
391+c. T
392+HE COURT IN THE SENDING STATE DISMISSES ITS JURISDICTION26
393+IN INTERSTATE PLACEMENTS IN WHICH THE PUBLIC CHILD PLACING27
394+125
395+-11- AGENCY IS A PARTY TO THE PROCEEDING .1
396+6. A
397+ CHILD ENTERING THE UNITED STATES FROM A FOREIGN2
398+COUNTRY FOR THE PURPOSE OF ADOPTION OR LEAVING THE UNITED3
399+S
400+TATES TO GO TO A FOREIGN COUNTRY FOR THE PURPOSE OF ADOPTION IN4
401+THAT COUNTRY.5
402+7. C
403+ASES IN WHICH A UNITED STATES CITIZEN CHILD LIVING6
404+OVERSEAS WITH THE CHILD'S FAMILY, AT LEAST ONE OF WHOM IS IN THE7
405+U
406+NITED STATES ARMED SERVICES, AND WHO IS STATIONED OVERSEAS, IS8
407+REMOVED AND PLACED IN A STATE .9
408+8. T
409+HE SENDING OF A CHILD BY A PUBLIC CHILD PLACING AGENCY10
410+OR A PRIVATE CHILD PLACING AGENCY FOR A VISIT AS DEFINED BY THE11
411+RULES OF THE INTERSTATE COMMISSION.12
412+C. F
413+OR PURPOSES OF DETERMINING THE APPLICABILITY OF THIS13
414+COMPACT TO THE PLACEMENT OF A CHILD WITH A FAMILY IN THE ARMED14
415+S
416+ERVICES, THE PUBLIC CHILD PLACING AGENCY OR PRIVATE CHILD15
417+PLACING AGENCY MAY CHOOSE THE STATE OF THE SERVICE MEMBER 'S16
418+PERMANENT DUTY STATION OR THE SERVICE MEMBER 'S DECLARED LEGAL17
419+RESIDENCE.18
420+D. N
421+OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT19
422+THE CONCURRENT APPLICATION OF THE PROVISIONS OF THIS COMPACT20
423+WITH OTHER APPLICABLE INTERSTATE COMPACTS , INCLUDING THE21
424+I
425+NTERSTATE COMPACT FOR JUVENILES AND THE INTERSTATE COMPACT ON22
426+A
427+DOPTION AND MEDICAL ASSISTANCE. THE INTERSTATE COMMISSION23
428+MAY IN COOPERATION WITH OTHER INTERSTATE COMPACT COMMISSIONS24
429+HAVING RESPONSIBILITY FOR THE INTERSTATE MOVEMENT , PLACEMENT,25
430+OR TRANSFER OF CHILDREN, PROMULGATE LIKE RULES TO ENSURE THE26
431+COORDINATION OF SERVICES, TIMELY PLACEMENT OF CHILDREN, AND THE27
432+125
433+-12- REDUCTION OF UNNECESSARY OR DUPLICATIVE ADMINISTRATIVE OR1
434+PROCEDURAL REQUIREMENTS .2
435+ARTICLE IV.3
436+JURISDICTION4
437+A. E
438+XCEPT AS PROVIDED IN ARTICLE IV, SECTION H, AND ARTICLE5
439+V,
440+ SECTION B, PARAGRAPHS TWO AND THREE CONCERNING PRIVATE AND6
441+INDEPENDENT ADOPTIONS, AND IN INTERSTATE PLACEMENTS IN WHICH THE7
442+PUBLIC CHILD PLACING AGENCY IS NOT A PARTY TO A CUSTODY8
443+PROCEEDING, THE SENDING STATE SHALL RETAIN JURISDICTION OVER A9
444+CHILD WITH RESPECT TO ALL MATTERS OF CUSTODY AND DISPOSITION OF10
445+THE CHILD WHICH IT WOULD HAVE HAD IF THE CHILD HAD REMAINED IN11
446+THE SENDING STATE. SUCH JURISDICTION SHALL ALSO INCLUDE THE POWER12
447+TO ORDER THE RETURN OF THE CHILD TO THE SENDING STATE .13
448+B. W
449+HEN AN ISSUE OF CHILD PROTECTION OR CUSTODY IS14
450+BROUGHT BEFORE A COURT IN THE RECEIVING STATE , SUCH COURT SHALL15
451+CONFER WITH THE COURT OF THE SENDING STATE TO DETERMINE THE MOST16
452+APPROPRIATE FORUM FOR ADJUDICATION .17
453+C. I
454+N CASES THAT ARE BEFORE COURTS AND SUBJECT TO THIS18
455+COMPACT, THE TAKING OF TESTIMONY FOR HEARINGS BEFORE ANY19
456+JUDICIAL OFFICER MAY OCCUR IN PERSON OR BY TELEPHONE , AUDIO-VIDEO20
457+CONFERENCE, OR SUCH OTHER MEANS AS APPROVED BY THE RULES OF THE21
458+I
459+NTERSTATE COMMISSION; AND JUDICIAL OFFICERS MAY COMMUNICATE22
460+WITH OTHER JUDICIAL OFFICERS AND PERSONS INVOLVED IN THE23
461+INTERSTATE PROCESS AS MAY BE PERMITTED BY THEIR CANONS OF24
462+J
463+UDICIAL CONDUCT AND ANY RULES PROMULGATED BY THE INTERSTATE25
464+C
465+OMMISSION.26
466+D. I
467+N ACCORDANCE WITH ITS OWN LAWS , THE COURT IN THE27
468+125
469+-13- SENDING STATE SHALL HAVE AUTHORITY TO TERMINATE ITS JURISDICTION1
470+IF:2
368471 1. T
369-HE INTERSTATE PLACEMENT OF A CHILD IN A CUSTODY
370-PROCEEDING IN WHICH A PUBLIC CHILD PLACING AGENCY IS NOT A PARTY
371-,
372-PROVIDED THE PLACEMENT IS NOT INTENDED TO EFFECTUATE AN ADOPTION .
472+HE CHILD IS REUNIFIED WITH THE PARENT IN THE RECEIVING3
473+STATE WHO IS THE SUBJECT OF ALLEGATIONS OR FINDINGS OF ABUSE OR4
474+NEGLECT, ONLY WITH THE CONCURRENCE OF THE PUBLIC CHILD PLACING5
475+AGENCY IN THE RECEIVING STATE; OR6
373476 2. T
374-HE INTERSTATE PLACEMENT OF A CHILD WITH A NON -RELATIVE
375-IN A RECEIVING STATE BY A PARENT WITH THE LEGAL AUTHORITY TO MAKE
376-SUCH A PLACEMENT PROVIDED
377-, HOWEVER, THAT THE PLACEMENT IS NOT
378-INTENDED TO EFFECTUATE AN ADOPTION
379-.
380-PAGE 8-SENATE BILL 24-125 3. THE INTERSTATE PLACEMENT OF A CHILD BY ONE RELATIVE WITH
381-THE LAWFUL AUTHORITY TO MAKE SUCH A PLACEMENT DIRECTLY WITH A
382-RELATIVE IN A RECEIVING STATE
383-.
477+HE CHILD IS ADOPTED; OR7
478+3. T
479+HE CHILD REACHES THE AGE OF MAJORITY UNDER THE LAWS OF8
480+THE SENDING STATE; OR9
384481 4. T
385-HE PLACEMENT OF A CHILD NOT SUBJECT TO ARTICLE III,
386-S
387-ECTION A INTO A RESIDENTIAL FACILITY BY THE CHILD'S PARENT.
388-5. T
389-HE PLACEMENT OF A CHILD WITH A NON -CUSTODIAL PARENT,
390-PROVIDED THAT:
482+HE CHILD ACHIEVES LEGAL INDEPENDENCE PURSUANT TO THE10
483+LAWS OF THE SENDING STATE; OR11
484+5. A
485+ GUARDIANSHIP IS CREATED BY A COURT IN THE RECEIVING12
486+STATE WITH THE CONCURRENCE OF THE COURT IN THE SENDING STATE ; OR13
487+6. A
488+N INDIAN TRIBE HAS PETITIONED FOR AND RECEIVED14
489+JURISDICTION FROM THE COURT IN THE SENDING STATE ; OR15
490+7. T
491+HE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE16
492+REQUESTS TERMINATION AND HAS OBTAINED THE CONCURRENCE OF THE17
493+PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE .18
494+E. W
495+HEN A SENDING STATE COURT TERMINATES ITS JURISDICTION ,19
496+THE RECEIVING STATE CHILD PLACING AGENCY SHALL BE NOTIFIED .20
497+F. N
498+OTHING IN THIS ARTICLE SHALL DEFEAT A CLAIM OF21
499+JURISDICTION BY A RECEIVING STATE COURT SUFFICIENT TO DEAL WITH AN22
500+ACT OF TRUANCY, DELINQUENCY, CRIME, OR BEHAVIOR INVOLVING A23
501+CHILD AS DEFINED BY THE LAWS OF THE RECEIVING STATE COMMITTED BY24
502+THE CHILD IN THE RECEIVING STATE WHICH WOULD BE A VIOLATION OF ITS25
503+LAWS.26
504+G. N
505+OTHING IN THIS ARTICLE SHALL LIMIT THE RECEIVING STATE'S27
506+125
507+-14- ABILITY TO TAKE EMERGENCY JURISDICTION FOR THE PROTECTION OF THE1
508+CHILD.2
509+H. T
510+HE SUBSTANTIVE LAWS OF THE STATE IN WHICH AN ADOPTION3
511+WILL BE FINALIZED SHALL SOLELY GOVERN ALL ISSUES RELATING TO THE4
512+ADOPTION OF THE CHILD, AND THE COURT IN WHICH THE ADOPTION5
513+PROCEEDING IS FILED SHALL HAVE SUBJECT MATTER JURISDICTION6
514+REGARDING ALL SUBSTANTIVE ISSUES RELATING TO THE ADOPTION ,7
515+EXCEPT:8
516+1. W
517+HEN THE CHILD IS A WARD OF ANOTHER COURT THAT9
518+ESTABLISHED JURISDICTION OVER THE CHILD PRIOR TO THE PLACEMENT ;10
519+OR11
520+2. W
521+HEN THE CHILD IS IN THE LEGAL CUSTODY OF A PUBLIC12
522+AGENCY IN THE SENDING STATE; OR13
523+3. W
524+HEN A COURT IN THE SENDING STATE HAS OTHERWISE14
525+APPROPRIATELY ASSUMED JURISDICTION OVER THE CHILD , PRIOR TO THE15
526+SUBMISSION OF THE REQUEST FOR APPROVAL OF PLACEMENT .16
527+I. A
528+ FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY17
529+JURISDICTION UNTIL THE PLACEMENT IS AUTHORIZED AS AN "APPROVED18
530+PLACEMENT" BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING19
531+STATE.20
532+ARTICLE V.21
533+PLACEMENT EVALUATION22
534+A. P
535+RIOR TO SENDING, BRINGING, OR CAUSING A CHILD TO BE SENT23
536+OR BROUGHT INTO A RECEIVING STATE , THE PUBLIC CHILD PLACING24
537+AGENCY SHALL PROVIDE A WRITTEN REQUEST FOR ASSESSMENT TO THE25
538+RECEIVING STATE.26
539+B. F
540+OR PLACEMENTS BY A PRIVATE CHILD PLACING AGENCY , A27
541+125
542+-15- CHILD MAY BE SENT OR BROUGHT , OR CAUSED TO BE SENT OR BROUGHT ,1
543+INTO A RECEIVING STATE, UPON RECEIPT AND IMMEDIATE REVIEW OF THE2
544+REQUIRED CONTENT IN A REQUEST FOR APPROVAL OF A PLACEMENT IN3
545+BOTH THE SENDING AND RECEIVING STATE PUBLIC CHILD PLACING4
546+AGENCY. THE REQUIRED CONTENT TO ACCOMPANY A REQUEST FOR5
547+APPROVAL SHALL INCLUDE ALL OF THE FOLLOWING :6
548+1. A
549+ REQUEST FOR APPROVAL IDENTIFYING THE CHILD , BIRTH7
550+PARENT(S), THE PROSPECTIVE ADOPTIVE PARENT(S), AND THE SUPERVISING8
551+AGENCY, SIGNED BY THE PERSON REQUESTING APPROVAL ; AND9
552+2. T
553+HE APPROPRIATE CONSENTS OR RELINQUISHMENTS SIGNED BY10
554+THE BIRTH-PARENT(S) IN ACCORDANCE WITH THE LAWS OF THE SENDING11
555+STATE, OR WHERE PERMITTED , THE LAWS OF THE STATE WHERE THE12
556+ADOPTION WILL BE FINALIZED; AND13
557+3. C
558+ERTIFICATION BY A LICENSED ATTORNEY OR AUTHORIZED14
559+AGENT OF A PRIVATE ADOPTION AGENCY THAT THE CONSENT OR15
560+RELINQUISHMENT IS IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE16
561+SENDING STATE, OR, WHERE PERMITTED, THE LAWS OF THE STATE WHERE17
562+FINALIZATION OF THE ADOPTION WILL OCCUR ; AND18
563+4. A
564+ HOME STUDY; AND19
565+5. A
566+N ACKNOWLEDGMENT OF LEGAL RISK SIGNED BY THE20
567+PROSPECTIVE ADOPTIVE PARENT (S).21
568+C. T
569+HE SENDING STATE AND THE RECEIVING STATE MAY REQUEST22
570+ADDITIONAL INFORMATION OR DOCUMENTS PRIOR TO FINALIZATION OF AN23
571+APPROVED PLACEMENT , BUT THEY MAY NOT DELAY TRAVEL BY THE24
572+PROSPECTIVE ADOPTIVE PARENT (S) WITH THE CHILD IF THE REQUIRED25
573+CONTENT FOR APPROVAL HAS BEEN SUBMI TTED , RECEIVED, AND REVIEWED26
574+BY THE PUBLIC CHILD PLACING AGENCY IN BOTH THE SENDING STATE AND27
575+125
576+-16- THE RECEIVING STATE.1
577+D. A
578+PPROVAL FROM THE PUBLIC CHILD PLACING AGENCY IN THE2
579+RECEIVING STATE FOR PROVISIONAL OR APPROVED PLACEMENT IS3
580+REQUIRED AS PROVIDED FOR IN THE RULES OF THE INTERSTATE4
581+C
582+OMMISSION.5
583+E. T
584+HE PROCEDURES FOR MAKING AND THE REQUEST FOR AN6
585+ASSESSMENT SHALL CONTAIN ALL INFORMATION AND BE IN SUCH FORM AS7
586+PROVIDED FOR IN THE RULES OF THE INTERSTATE COMMISSION.8
587+F. U
588+PON RECEIPT OF A REQUEST FROM THE PUBLIC CHILD PLACING9
589+AGENCY OF THE SENDING STATE, THE RECEIVING STATE SHALL INITIATE AN10
590+ASSESSMENT OF THE PROPOSED PLACEMENT TO DETERMINE ITS SAFETY11
591+AND SUITABILITY. IF THE PROPOSED PLACEMENT IS A PLACEMENT WITH A12
592+RELATIVE, THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE13
593+MAY REQUEST A DETERMINATION FOR A PROVISIONAL PLACEMENT .14
594+G. T
595+HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE15
596+MAY REQUEST FROM THE PUBLIC CHILD PLACING AGENCY OR THE PRIVATE16
597+CHILD PLACING AGENCY IN THE SENDING STATE , AND SHALL BE ENTITLED17
598+TO RECEIVE, SUPPORTING OR ADDITIONAL INFORMATION NECESSARY TO18
599+COMPLETE THE ASSESSMENT OR APPROVE THE
600+ PLACEMENT.19
601+H. T
602+HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE20
603+SHALL APPROVE A PROVISIONAL PLACEMENT AND COMPLETE OR ARRANGE21
604+FOR THE COMPLETION OF THE ASSESSMENT WITHIN THE TIME FRAMES22
605+ESTABLISHED BY THE RULES OF THE INTERSTATE COMMISSION.23
606+I. F
607+OR A PLACEMENT BY A PRIVATE CHILD PLACING AGENCY , THE24
608+SENDING STATE SHALL NOT IMPOSE ANY ADDITIONAL REQUIREMENTS TO25
609+COMPLETE THE HOME STUDY THAT ARE NOT REQUIRED BY THE RECEIVING26
610+STATE, UNLESS THE ADOPTION IS FINALIZED IN THE SENDING STATE .27
611+125
612+-17- J. THE INTERSTATE COMMISSION MAY DEVELOP UNIFORM1
613+STANDARDS FOR THE ASSESSMENT OF THE SAFETY AND SUITABILITY OF2
614+INTERSTATE PLACEMENTS.3
615+ARTICLE VI.4
616+PLACEMENT AUTHORITY5
617+A. E
618+XCEPT AS OTHERWISE PROVIDED IN THIS COMPACT , NO CHILD6
619+SUBJECT TO THIS COMPACT SHALL BE PLACED INTO A RECEIVING STATE7
620+UNTIL APPROVAL FOR SUCH PLACEMENT IS OBTAINED .8
621+B. I
622+F THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE9
623+DOES NOT APPROVE THE PROPOSED PLACEMENT , THEN THE CHILD SHALL10
624+NOT BE PLACED. THE RECEIVING STATE SHALL PROVIDE WRITTEN11
625+DOCUMENTATION OF ANY SUCH DETERMINATION IN ACCORDANCE WITH12
626+THE RULES PROMULGATED BY THE INTERSTATE COMMISSION. SUCH13
627+DETERMINATION IS NOT SUBJECT TO JUDICIAL REVIEW IN THE SENDING14
628+STATE.15
629+C. I
630+F THE PROPOSED PLACEMENT IS NOT APPROVED , ANY16
631+INTERESTED PARTY SHALL HAVE STANDING TO SEEK AN ADMINISTRATIVE17
632+REVIEW OF THE RECEIVING STATE'S DETERMINATION.18
633+1. T
634+HE ADMINISTRATIVE REVIEW AND ANY FURTHER JUDICIAL19
635+REVIEW ASSOCIATED WITH THE D ETERMINATION SHALL BE CONDUCTED IN20
636+THE RECEIVING STATE PURSUANT TO ITS APPLICABLE ADMINISTRATIVE21
637+P
638+ROCEDURES ACT.22
639+2. I
640+F A DETERMINATION NOT TO APPROVE THE PLACEMENT OF THE23
641+CHILD IN THE RECEIVING STATE IS OVERTURNED UPON REVIEW , THE24
642+PLACEMENT SHALL BE DEEMED APPROVED , PROVIDED, HOWEVER, THAT25
643+ALL ADMINISTRATIVE OR JUDICIAL REMEDIES HAVE BEEN EXHAUSTED OR26
644+THE TIME FOR SUCH REMEDIES HAS PASSED .27
645+125
646+-18- ARTICLE VII.1
647+PLACING AGENCY RESPONSIBILITY2
648+A. F
649+OR THE INTERSTATE PLACEMENT OF A CHILD MADE BY A3
650+PUBLIC CHILD PLACING AGENCY OR STATE COURT :4
651+1. T
652+HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE5
653+SHALL HAVE FINANCIAL RESPONSIBILITY FOR :6
391654 a. T
392-HE NON-CUSTODIAL PARENT PROVES TO THE SATISFACTION OF A
393-COURT IN THE SENDING STATE A SUBSTANTIAL RELATIONSHIP WITH THE
394-CHILD
395-; AND
396-b. THE COURT IN THE SENDING STATE MAKES A WRITTEN FINDING
397-THAT PLACEMENT WITH THE NON
398--CUSTODIAL PARENT IS IN THE BEST
399-INTERESTS OF THE CHILD
400-; AND
401-c. THE COURT IN THE SENDING STATE DISMISSES ITS JURISDICTION IN
402-INTERSTATE PLACEMENTS IN WHICH THE PUBLIC CHILD PLACING AGENCY IS
403-A PARTY TO THE PROCEEDING
404-.
405-6. A
406- CHILD ENTERING THE UNITED STATES FROM A FOREIGN
407-COUNTRY FOR THE PURPOSE OF ADOPTION OR LEAVING THE
408-UNITED STATES
409-TO GO TO A FOREIGN COUNTRY FOR THE PURPOSE OF ADOPTION IN THAT
410-COUNTRY
411-.
412-7. C
413-ASES IN WHICH A UNITED STATES CITIZEN CHILD LIVING
414-OVERSEAS WITH THE CHILD
415-'S FAMILY, AT LEAST ONE OF WHOM IS IN THE
416-UNITED STATES ARMED SERVICES, AND WHO IS STATIONED OVERSEAS , IS
417-REMOVED AND PLACED IN A STATE
418-.
419-8. T
420-HE SENDING OF A CHILD BY A PUBLIC CHILD PLACING AGENCY OR
421-A PRIVATE CHILD PLACING AGENCY FOR A VISIT AS DEFINED BY THE RULES
422-OF THE
423-INTERSTATE COMMISSION.
424-C. F
425-OR PURPOSES OF DETERMINING THE APPLICABILITY OF THIS
426-COMPACT TO THE PLACEMENT OF A CHILD WITH A FAMILY IN THE
427-ARMED
428-SERVICES, THE PUBLIC CHILD PLACING AGENCY OR PRIVATE CHILD PLACING
429-AGENCY MAY CHOOSE THE STATE OF THE SERVICE MEMBER
430-'S PERMANENT
431-PAGE 9-SENATE BILL 24-125 DUTY STATION OR THE SERVICE MEMBER 'S DECLARED LEGAL RESIDENCE.
432-D. N
433-OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT
434-THE CONCURRENT APPLICATION OF THE PROVISIONS OF THIS COMPACT WITH
435-OTHER APPLICABLE INTERSTATE COMPACTS
436-, INCLUDING THE INTERSTATE
437-COMPACT FOR JUVENILES AND THE INTERSTATE COMPACT ON ADOPTION
438-AND
439-MEDICAL ASSISTANCE. THE INTERSTATE COMMISSION MAY IN
440-COOPERATION WITH OTHER INTERSTATE COMPACT COMMISSIONS HAVING
441-RESPONSIBILITY FOR THE INTERSTATE MOVEMENT
442-, PLACEMENT, OR
443-TRANSFER OF CHILDREN
444-, PROMULGATE LIKE RULES TO ENSURE THE
445-COORDINATION OF SERVICES
446-, TIMELY PLACEMENT OF CHILDREN , AND THE
447-REDUCTION OF UNNECESSARY OR DUPLICATIVE ADMINISTRATIVE OR
448-PROCEDURAL REQUIREMENTS
449-.
450-ARTICLE IV.
451-JURISDICTION
452-A. E
453-XCEPT AS PROVIDED IN ARTICLE IV, SECTION H, AND ARTICLE
454-V, SECTION B, PARAGRAPHS TWO AND THREE CONCERNING PRIVATE AND
455-INDEPENDENT ADOPTIONS
456-, AND IN INTERSTATE PLACEMENTS IN WHICH THE
457-PUBLIC CHILD PLACING AGENCY IS NOT A PARTY TO A CUSTODY PROCEEDING
458-,
459-THE SENDING STATE SHALL RETAIN JURISDICTION OVER A CHILD WITH
460-RESPECT TO ALL MATTERS OF CUSTODY AND DISPOSITION OF THE CHILD
461-WHICH IT WOULD HAVE HAD IF THE CHILD HAD REMAINED IN THE SENDING
462-STATE
463-. SUCH JURISDICTION SHALL ALSO INCLUDE THE POWER TO ORDER THE
464-RETURN OF THE CHILD TO THE SENDING STATE
465-.
466-B. W
467-HEN AN ISSUE OF CHILD PROTECTION OR CUSTODY IS BROUGHT
468-BEFORE A COURT IN THE RECEIVING STATE
469-, SUCH COURT SHALL CONFER WITH
470-THE COURT OF THE SENDING STATE TO DETERMINE THE MOST APPROPRIATE
471-FORUM FOR ADJUDICATION
472-.
655+HE ONGOING SUPPORT AND MAINTENANCE FOR THE CHILD7
656+DURING THE PERIOD OF THE PLACEMENT , UNLESS OTHERWISE PROVIDED8
657+FOR IN THE RECEIVING STATE; AND9
658+b. A
659+S DETERMINED BY THE PUBLIC CHILD PLACING AGENCY IN THE10
660+SENDING STATE, SERVICES FOR THE CHILD BEYOND THE PUBLIC SERVICES11
661+FOR WHICH THE CHILD IS ELIGIBLE IN THE RECEIVING STATE.12
662+2. T
663+HE RECEIVING STATE SHALL ONLY HAVE FINANCIAL13
664+RESPONSIBILITY FOR:14
665+a. A
666+NY ASSESSMENT CONDUCTED BY THE RECEIVING STATE ; AND15
667+b. S
668+UPERVISION CONDUCTED BY THE RECEIVING STATE AT THE16
669+LEVEL NECESSARY TO SUPPORT THE PLACEMENT AS AGREED UPON BY THE17
670+PUBLIC CHILD PLACING AGENCIES OF THE RECEIVING AND SENDING STATES .18
671+3. N
672+OTHING IN THIS PROVISION SHALL PROHIBIT PUBLIC CHILD19
673+PLACING AGENCIES IN THE SENDING STATE FROM ENTERING INTO20
674+AGREEMENTS WITH LICENSED AGENCIES OR PERSONS IN THE RECEIVING21
675+STATE TO CONDUCT ASSESSMENTS AND PROVIDE SUPERVISION .22
676+B. F
677+OR THE PLACEMENT OF A CHILD BY A PRIVATE CHILD PLACING23
678+AGENCY PRELIMINARY TO A POSSIBLE ADOPTION , THE PRIVATE CHILD24
679+PLACING AGENCY SHALL BE:25
680+1. L
681+EGALLY RESPONSIBLE FOR THE CHILD DURING THE PERIOD OF26
682+PLACEMENT AS PROVIDED FOR IN THE LAW OF THE SENDING STATE UNTIL27
683+125
684+-19- THE FINALIZATION OF THE ADOPTION.1
685+2. F
686+INANCIALLY RESPONSIBLE FOR THE CHILD ABSENT A2
687+CONTRACTUAL AGREEMENT TO THE CONTRARY .3
688+C. T
689+HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE4
690+SHALL PROVIDE TIMELY ASSESSMENTS , AS PROVIDED FOR IN THE RULES OF5
691+THE INTERSTATE COMMISSION.6
692+D. T
693+HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE7
694+SHALL PROVIDE, OR ARRANGE FOR THE PROVISION OF, SUPERVISION AND8
695+SERVICES FOR THE CHILD, INCLUDING TIMELY REPORTS , DURING THE9
696+PERIOD OF THE PLACEMENT.10
697+E. N
698+OTHING IN THIS COMPACT SHALL BE CONSTRUED AS TO LIMIT11
699+THE AUTHORITY OF THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING12
700+STATE FROM CONTRACTING WITH A LICENSED AGENCY OR PERSON IN THE13
701+RECEIVING STATE FOR AN ASSESSMENT OR THE PROVISION OF SUPERVISION14
702+OR SERVICES FOR THE CHILD OR OTHERWISE AUTHORIZING THE PROVISION15
703+OF SUPERVISION OR SERVICES BY A LICENSED AGENCY DURING THE PERIOD16
704+OF PLACEMENT.17
705+F. E
706+ACH MEMBER STATE SHALL PROVIDE FOR COORDINATION18
707+AMONG ITS BRANCHES OF GOVERNMENT CONCERNING THE STATE 'S19
708+PARTICIPATION IN, AND COMPLIANCE WITH , THE COMPACT AND20
709+I
710+NTERSTATE COMMISSION ACTIVITIES, THROUGH THE CREATION OF AN21
711+ADVISORY COUNCIL OR USE OF AN EXISTING BODY OR BOARD .22
712+G. E
713+ACH MEMBER STATE SHALL ESTABLISH A CENTRAL STATE23
714+COMPACT OFFICE, WHICH SHALL BE RESPONSIBLE FOR STATE COMPLIANCE24
715+WITH THE COMPACT AND THE RULES OF THE INTERSTATE COMMISSION.25
716+H. T
717+HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE26
718+SHALL OVERSEE COMPLIANCE WITH THE PROVISIONS OF THE INDIAN CHILD27
719+125
720+-20- WELFARE ACT (25 U.S.C. 1901 ET SEQ.) FOR PLACEMENTS SUBJECT TO1
721+THE PROVISIONS OF THIS COMPACT, PRIOR TO PLACEMENT.2
722+I. W
723+ITH THE CONSENT OF THE INTERSTATE COMMISSION, STATES3
724+MAY ENTER INTO LIMITED AGREEMENTS THAT FACILITATE THE TIMELY4
725+ASSESSMENT AND PROVISION OF SERVICES AND SUPERVISION OF5
726+PLACEMENTS UNDER THIS COMPACT .6
727+ARTICLE VIII.7
728+INTERSTATE COMMISSION FOR THE PLACEMENT8
729+OF CHILDREN9
730+T
731+HE MEMBER STATES HEREBY ESTABLISH , BY WAY OF THIS COMPACT, A10
732+COMMISSION KNOWN AS THE "INTERSTATE COMMISSION FOR THE11
733+P
734+LACEMENT OF CHILDREN". THE ACTIVITIES OF THE INTERSTATE12
735+C
736+OMMISSION ARE THE FORMATION OF PUBLIC POLICY AND ARE A13
737+DISCRETIONARY STATE FUNCTION . THE INTERSTATE COMMISSION SHALL:14
738+A. B
739+E A JOINT COMMISSION OF THE MEMBER STATES AND SHALL15
740+HAVE THE RESPONSIBILITIES, POWERS, AND DUTIES SET FORTH HEREIN,16
741+AND SUCH ADDITIONAL POWERS AS MAY BE CONFERRED UPON IT BY17
742+SUBSEQUENT CONCURRENT ACTION OF THE RESPECTIVE LEGISLATURES OF18
743+THE MEMBER STATES.19
744+B. C
745+ONSIST OF ONE COMMISSIONER FROM EACH MEMBER STATE20
746+WHO SHALL BE APPOINTED BY THE EXECUTIVE HEAD OF THE STATE HUMAN21
747+SERVICES ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE22
748+CHILD WELFARE PROGRAM . THE APPOINTED COMMISSIONER SHALL HAVE23
749+THE LEGAL AUTHORITY TO VOTE ON POLICY-RELATED MATTERS GOVERNED24
750+BY THIS COMPACT BINDING THE STATE.25
751+1. E
752+ACH MEMBER STATE REPRESENTED AT A MEETING OF THE26
753+I
754+NTERSTATE COMMISSION IS ENTITLED TO ONE VOTE.27
755+125
756+-21- 2. A MAJORITY OF THE MEMBER STATES SHALL CONSTITUTE A1
757+QUORUM FOR THE TRANSACTION OF BUSINESS , UNLESS A LARGER QUORUM2
758+IS REQUIRED BY THE BYLAWS OF THE INTERSTATE COMMISSION.3
759+3. A
760+ REPRESENTATIVE SHALL NOT DELEGATE A VOTE TO ANOTHER4
761+MEMBER STATE.5
762+4. A
763+ REPRESENTATIVE MAY DELEGATE VOTING AUTHORITY TO6
764+ANOTHER PERSON FROM THEIR STATE FOR A SPECIFIED MEETING .7
473765 C. I
474-N CASES THAT ARE BEFORE COURTS AND SUBJECT TO THIS
475-COMPACT
476-, THE TAKING OF TESTIMONY FOR HEARINGS BEFORE ANY JUDICIAL
477-OFFICER MAY OCCUR IN PERSON OR BY TELEPHONE
478-, AUDIO-VIDEO
479-CONFERENCE
480-, OR SUCH OTHER MEANS AS APPROVED BY THE RULES OF THE
481-INTERSTATE COMMISSION; AND JUDICIAL OFFICERS MAY COMMUNICATE
482-WITH OTHER JUDICIAL OFFICERS AND PERSONS INVOLVED IN THE INTERSTATE
483-PROCESS AS MAY BE PERMITTED BY THEIR
484-CANONS OF JUDICIAL CONDUCT
485-AND ANY RULES PROMULGATED BY THE
486-INTERSTATE COMMISSION.
487-PAGE 10-SENATE BILL 24-125 D. IN ACCORDANCE WITH ITS OWN LAWS , THE COURT IN THE SENDING
488-STATE SHALL HAVE AUTHORITY TO TERMINATE ITS JURISDICTION IF
489-:
766+N ADDITION TO THE COMMISSIONERS OF EACH MEMBER STATE ,8
767+THE INTERSTATE COMMISSION SHALL INCLUDE PERSONS WHO ARE9
768+MEMBERS OF INTERESTED ORGANIZATIONS AS DEFINED IN THE BYLAWS OR10
769+RULES OF THE INTERSTATE COMMISSION. SUCH MEMBERS SHALL BE EX11
770+OFFICIO AND SHALL NOT BE ENTITLED TO VOTE ON ANY MATTER BEFORE12
771+THE INTERSTATE COMMISSION.13
772+D. E
773+STABLISH AN EXECUTIVE COMMITTEE WHICH SHALL HAVE THE14
774+AUTHORITY TO ADMINISTER THE DAY -TO-DAY OPERATIONS AND15
775+ADMINISTRATION OF THE INTERSTATE COMMISSION. IT SHALL NOT HAVE16
776+THE POWER TO ENGAGE IN RULEMAKING .17
777+ARTICLE IX.18
778+POWERS AND DUTIES OF THE19
779+INTERSTATE COMMISSION20
780+T
781+HE INTERSTATE COMMISSION SHALL HAVE THE FOLLOWING POWERS :21
782+A. T
783+O PROMULGATE RULES AND TAKE ALL NECESSARY ACTIONS TO22
784+EFFECT THE GOALS, PURPOSES, AND OBLIGATIONS AS ENUMERATED IN THIS23
785+COMPACT.24
786+B. T
787+O PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES .25
788+C. T
789+O ISSUE, UPON REQUEST OF A MEMBER STATE , ADVISORY26
790+OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF THE27
791+125
792+-22- INTERSTATE COMPACT, ITS BYLAWS, RULES, OR ACTIONS.1
793+D. T
794+O ENFORCE COMPLIANCE WITH THIS COMPACT OR THE BYLAWS2
795+OR RULES OF THE INTERSTATE COMMISSION PURSUANT TO ARTICLE XII.3
796+E. T
797+O COLLECT STANDARDIZED DATA CONCERNING THE4
798+INTERSTATE PLACEMENT OF CHILDREN SUBJECT TO THIS COMPACT AS5
799+DIRECTED THROUGH ITS RULES, WHICH SHALL SPECIFY THE DATA TO BE6
800+COLLECTED, THE MEANS OF COLLECTION , AND DATA EXCHANGE AND7
801+REPORTING REQUIREMENTS .8
802+F. T
803+O ESTABLISH AND MAINTAIN OFFICES AS MAY BE NECESSARY9
804+FOR THE TRANSACTING OF ITS BUSINESS.10
805+G. T
806+O PURCHASE AND MAINTAIN INSURANCE AND BONDS .11
807+H. T
808+O HIRE OR CONTRACT FOR SERVICES OF PERSONNEL OR12
809+CONSULTANTS AS NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THE13
810+COMPACT AND ESTABLISH PERSONNEL QUALIFICATION POLICIES AND14
811+RATES OF COMPENSATION.15
812+I. T
813+O ESTABLISH AND APPOIN T COMMITTEES AND OFFICERS16
814+INCLUDING, BUT NOT LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED17
815+BY ARTICLE X.18
816+J. T
817+O ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY ,19
818+EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE,20
819+UTILIZE, AND DISPOSE THEREOF.21
820+K. T
821+O LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS22
822+OF, OR OTHERWISE TO OWN, HOLD, IMPROVE, OR USE ANY PROPERTY, REAL,23
823+PERSONAL, OR MIXED.24
824+L. T
825+O SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,25
826+ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY , REAL, PERSONAL,26
827+OR MIXED.27
828+125
829+-23- M. TO ESTABLISH A BUDGET AND MAKE EXPENDITURES .1
830+N. T
831+O ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT2
832+AND OPERATION OF THE INTERSTATE COMMISSION.3
833+O. T
834+O REPORT ANNUALLY TO THE LEGISLATURES , GOVERNORS, THE4
835+JUDICIARY, AND STATE ADVISORY COUNCILS OF THE MEMBER STATES5
836+CONCERNING THE ACTIVITIES OF THE INTERSTATE COMMISSION DURING6
837+THE PRECEDING YEAR . SUCH REPORTS SHALL ALSO INCLUDE ANY7
838+RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE INTERSTATE8
839+C
840+OMMISSION.9
841+P. T
842+O COORDINATE AND PROVIDE EDUCATION , TRAINING, AND10
843+PUBLIC AWARENESS REGARDING THE INTERSTATE MOVEMENT OF11
844+CHILDREN FOR OFFICIALS INVOLVED IN SUCH ACTIVITY .12
845+Q. T
846+O MAINTAIN BOOKS AND RECORDS IN ACCORDANCE WITH THE13
847+BYLAWS OF THE INTERSTATE COMMISSION.14
848+R. T
849+O PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR15
850+APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT .16
851+ARTICLE X.17
852+ORGANIZATION AND OPERATION OF THE18
853+INTERSTATE COMMISSION19
854+A. B
855+YLAWS20
856+1. W
857+ITHIN 12 MONTHS AFTER THE FIRST INTERSTATE COMMISSION21
858+MEETING, THE INTERSTATE COMMISSION SHALL ADOPT BYLAWS TO22
859+GOVERN ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY23
860+OUT THE PURPOSES OF THE COMPACT .24
861+2. T
862+HE INTERSTATE COMMISSION'S BYLAWS AND RULES SHALL25
863+ESTABLISH CONDITIONS AND PROCEDURES UNDER WHICH THE INTERSTATE26
864+C
865+OMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL RECORDS27
866+125
867+-24- AVAILABLE TO THE PUBLIC FOR INSPECTION OR COPYING . THE INTERSTATE1
868+C
869+OMMISSION MAY EXEMPT FROM DISCLOSURE INFORMATION OR OFFICIAL2
870+RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT PERSONAL3
871+PRIVACY RIGHTS OR PROPRIETARY INTERESTS .4
872+B. M
873+EETINGS5
490874 1. T
491-HE CHILD IS REUNIFIED WITH THE PARENT IN THE RECEIVING
492-STATE WHO IS THE SUBJECT OF ALLEGATIONS OR FINDINGS OF ABUSE OR
493-NEGLECT
494-, ONLY WITH THE CONCURRENCE OF THE PUBLIC CHILD PLACING
495-AGENCY IN THE RECEIVING STATE
496-; OR
497-2. THE CHILD IS ADOPTED; OR
498-3. THE CHILD REACHES THE AGE OF MAJORITY UNDER THE LAWS OF
499-THE SENDING STATE
500-; OR
501-4. THE CHILD ACHIEVES LEGAL INDEPENDENCE PURSUANT TO THE
502-LAWS OF THE SENDING STATE
503-; OR
504-5. A GUARDIANSHIP IS CREATED BY A COURT IN THE RECEIVING
505-STATE WITH THE CONCURRENCE OF THE COURT IN THE SENDING STATE
506-; OR
507-6. AN INDIAN TRIBE HAS PETITIONED FOR AND RECEIVED
508-JURISDICTION FROM THE COURT IN THE SENDING STATE
509-; OR
510-7. THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE
511-REQUESTS TERMINATION AND HAS OBTAINED THE CONCURRENCE OF THE
512-PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
513-.
514-E. W
515-HEN A SENDING STATE COURT TERMINATES ITS JURISDICTION ,
516-THE RECEIVING STATE CHILD PLACING AGENCY SHALL BE NOTIFIED .
517-F. N
518-OTHING IN THIS ARTICLE SHALL DEFEAT A CLAIM OF
519-JURISDICTION BY A RECEIVING STATE COURT SUFFICIENT TO DEAL WITH AN
520-ACT OF TRUANCY
521-, DELINQUENCY, CRIME, OR BEHAVIOR INVOLVING A CHILD
522-AS DEFINED BY THE LAWS OF THE RECEIVING STATE COMMITTED BY THE
523-CHILD IN THE RECEIVING STATE WHICH WOULD BE A VIOLATION OF ITS LAWS
524-.
525-G. N
526-OTHING IN THIS ARTICLE SHALL LIMIT THE RECEIVING STATE'S
527-ABILITY TO TAKE EMERGENCY JURISDICTION FOR THE PROTECTION OF THE
528-CHILD
529-.
530-H. T
531-HE SUBSTANTIVE LAWS OF THE STATE IN WHICH AN ADOPTION
532-PAGE 11-SENATE BILL 24-125 WILL BE FINALIZED SHALL SOLELY GOVERN ALL ISSUES RELATING TO THE
533-ADOPTION OF THE CHILD
534-, AND THE COURT IN WHICH THE ADOPTION
535-PROCEEDING IS FILED SHALL HAVE SUBJECT MATTER JURISDICTION
536-REGARDING ALL SUBSTANTIVE ISSUES RELATING TO THE ADOPTION
537-, EXCEPT:
538-1. W
539-HEN THE CHILD IS A WARD OF ANOTHER COURT THAT
540-ESTABLISHED JURISDICTION OVER THE CHILD PRIOR TO THE PLACEMENT
541-; OR
542-2. WHEN THE CHILD IS IN THE LEGAL CUSTODY OF A PUBLIC AGENCY
543-IN THE SENDING STATE
544-; OR
545-3. WHEN A COURT IN THE SENDING STATE HAS OTHERWISE
546-APPROPRIATELY ASSUMED JURISDICTION OVER THE CHILD
547-, PRIOR TO THE
548-SUBMISSION OF THE REQUEST FOR APPROVAL OF PLACEMENT
549-.
550-I. A
551- FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY
552-JURISDICTION UNTIL THE PLACEMENT IS AUTHORIZED AS AN
553-"APPROVED
554-PLACEMENT
555-" BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING
556-STATE
557-.
558-ARTICLE V.
559-PLACEMENT EVALUATION
875+HE INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE6
876+EACH CALENDAR YEAR . THE CHAIRPERSON MAY CALL ADDITIONAL7
877+MEETINGS AND UPON THE REQUEST OF A SIMPLE MAJORITY OF THE8
878+MEMBER STATES SHALL CALL ADDITIONAL MEETINGS .9
879+2. P
880+UBLIC NOTICE SHALL BE GIVEN BY THE INTERSTATE10
881+C
882+OMMISSION OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN TO THE11
883+PUBLIC, EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED12
884+IN THE COMPACT. THE INTERSTATE COMMISSION AND ITS COMMITTEES13
885+MAY CLOSE A MEETING, OR PORTION THEREOF, WHERE IT DETERMINES BY14
886+TWO-THIRDS VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO :15
887+a. R
888+ELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL16
889+PERSONNEL PRACTICES AND PROCEDURES ; OR17
890+b. D
891+ISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE18
892+BY FEDERAL LAW; OR19
893+c. D
894+ISCLOSE FINANCIAL OR COMMERCIAL INFORMATION WHICH IS20
895+PRIVILEGED, PROPRIETARY, OR CONFIDENTIAL IN NATURE; OR21
896+d. I
897+NVOLVE ACCUSING A PERSON OF A CRIME , OR FORMALLY22
898+CENSURING A PERSON; OR23
899+e. D
900+ISCLOSE INFORMATION OF A PERSONAL NATURE WHERE24
901+DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF25
902+PERSONAL PRIVACY OR PHYSICALLY ENDANGER ONE OR MORE PERSONS ;26
903+OR27
904+125
905+-25- f. DISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW1
906+ENFORCEMENT PURPOSES ; OR2
907+g. S
908+PECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S3
909+PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING .4
910+3. F
911+OR A MEETING, OR A PORTION OF A MEETING , CLOSED5
912+PURSUANT TO THIS PROVISION, THE INTERSTATE COMMISSION'S LEGAL6
913+COUNSEL OR DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE7
914+CLOSED AND SHALL REFERENCE EACH RELEVANT EXEMPTION PROVISION .8
915+T
916+HE INTERSTATE COMMISSION SHALL KEEP MINUTES WHICH SHALL FULLY9
917+AND CLEARLY DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND10
918+SHALL PROVIDE A FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN ,11
919+AND THE REASONS THEREFORE , INCLUDING A DESCRIPTION OF THE VIEWS12
920+EXPRESSED AND THE
921+ RECORD OF A ROLL CALL VOTE . ALL DOCUMENTS13
922+CONSIDERED IN CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN14
923+SUCH MINUTES. ALL MINUTES AND DOCUMENTS OF A CLOSED MEETING15
924+SHALL REMAIN UNDER SEAL, SUBJECT TO RELEASE BY A MAJORITY VOTE16
925+OF THE INTERSTATE COMMISSION OR BY COURT ORDER .17
926+4. T
927+HE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE18
928+C
929+OMMISSION TO BE CONDUCTED BY TELECOMMUNICATION OR OTHER19
930+ELECTRONIC COMMUNICATION .20
931+C. O
932+FFICERS AND STAFF21
933+1. T
934+HE INTERSTATE COMMISSION MAY, THROUGH ITS EXECUTIVE22
935+COMMITTEE, APPOINT OR RETAIN A STAFF DIRECTOR FOR SUCH PERIOD ,23
936+UPON SUCH TERMS AND CONDITIONS AND FOR SUCH COMPENSATION AS24
937+THE INTERSTATE COMMISSION MAY DEEM APPROPRIATE . THE STAFF25
938+DIRECTOR SHALL SERVE AS SECRETARY TO THE INTERSTATE COMMISSION,26
939+BUT SHALL NOT HAVE A VOTE . THE STAFF DIRECTOR MAY HIRE AND27
940+125
941+-26- SUPERVISE SUCH OTHER STAFF AS MAY BE AUTHORIZED BY THE1
942+I
943+NTERSTATE COMMISSION.2
944+2. T
945+HE INTERSTATE COMMISSION SHALL ELECT, FROM AMONG ITS3
946+MEMBERS, A CHAIRPERSON AND A VICE CHAIRPERSON OF THE EXECUTIVE4
947+COMMITTEE AND OTHER NECESSARY OFFICERS , EACH OF WHOM SHALL5
948+HAVE SUCH AUTHORITY AND DUTIES AS MAY BE SPECIFIED IN THE BYLAWS .6
949+D. Q
950+UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION7
951+1. T
952+HE INTERSTATE COMMISSION'S STAFF DIRECTOR AND ITS8
953+EMPLOYEES SHALL BE IMMUNE FROM SUIT AND LIABILITY , EITHER9
954+PERSONALLY OR IN THEIR OFFICIAL CAPACITY, FOR A CLAIM FOR DAMAGE10
955+TO OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY11
956+CAUSED OR ARISING OUT OF OR RELATING TO AN ACTUAL OR ALLEGED ACT ,12
957+ERROR, OR OMISSION THAT OCCURRED , OR THAT SUCH PERSON HAD A13
958+REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF14
959+I
960+NTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;15
961+PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR16
962+LIABILITY FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY A17
963+CRIMINAL ACT OR THE INTENTIONAL OR WILLFUL AND WANTON18
964+MISCONDUCT OF SUCH PERSON .19
965+a. T
966+HE LIABILITY OF THE INTERSTATE COMMISSION'S STAFF20
967+DIRECTOR AND EMPLOYEES OR INTERSTATE COMMISSION21
968+REPRESENTATIVES, ACTING WITHIN THE SCOPE OF SUCH PERSON 'S22
969+EMPLOYMENT OR DUTIES FOR ACTS , ERRORS, OR OMISSIONS OCCURRING23
970+WITHIN SUCH PERSON'S STATE MAY NOT EXCEED THE LIMITS OF LIABILITY24
971+SET FORTH UNDER THE CONSTITUTION AND LAWS OF THAT STATE FOR25
972+STATE OFFICIALS, EMPLOYEES, AND AGENTS . THE INTERSTATE26
973+C
974+OMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY OF THE STATES27
975+125
976+-27- FOR THE PURPOSES OF ANY SUCH ACTION . NOTHING IN THIS SUBSECTION1
977+SHALL BE CONSTRUED TO PROTECT SUCH PERSON FROM SUIT OR LIABILITY2
978+FOR DAMAGE, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL ACT OR3
979+THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH4
980+PERSON.5
981+b. T
982+HE INTERSTATE COMMISSION SHALL DEFEND THE STAFF6
983+DIRECTOR AND ITS EMPLOYEES AND , SUBJECT TO THE APPROVAL OF THE7
984+A
985+TTORNEY GENERAL OR OTHER APPROPRIATE LEGAL COUNSEL OF THE8
986+MEMBER STATE, SHALL DEFEND THE COMMISSIONER OF A MEMBER STATE9
987+IN A CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF AN10
988+ACTUAL OR ALLEGED ACT, ERROR, OR OMISSION THAT OCCURRED WITHIN11
989+THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR12
990+RESPONSIBILITIES, OR THAT THE DEFENDANT HAD A REASONABLE BASIS13
991+FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
992+ COMMISSION14
993+EMPLOYMENT, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL15
994+OR ALLEGED ACT , ERROR, OR OMISSION DID NOT RESULT FROM16
995+INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF17
996+SUCH PERSON.18
997+c. T
998+O THE EXTENT NOT COVERED BY THE STATE INVOLVED ,19
999+MEMBER STATE, OR THE INTERSTATE COMMISSION, THE REPRESENTATIVES20
1000+OR EMPLOYEES OF THE INTERSTATE COMMISSION SHALL BE HELD21
1001+HARMLESS IN THE AMOUNT OF A SETTLEMENT OR JUDGEMENT , INCLUDING22
1002+ATTORNEY'S FEES AND COSTS, OBTAINED AGAINST SUCH PERSONS ARISING23
1003+OUT OF AN ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION THAT24
1004+OCCURRED WITHIN THE SCOPE OF INTERSTATE COMMISSION EMPLOYMENT ,25
1005+DUTIES, OR RESPONSIBILITIES, OR THAT THE DEFENDANT HAD A26
1006+REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF27
1007+125
1008+-28- INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,1
1009+PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR, OR OMISSION DID2
1010+NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT3
1011+ON THE PART OF SUCH PERSON.4
1012+ARTICLE XI.5
1013+RULEMAKING FUNCTIONS OF THE6
1014+INTERSTATE COMMISSION7
1015+A. T
1016+HE INTERSTATE COMMISSION SHALL PROMULGATE AND8
1017+PUBLISH RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE9
1018+PURPOSES OF THE COMPACT.10
1019+B. R
1020+ULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET11
1021+FORTH IN THIS ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT12
1022+THERETO. SUCH RULEMAKING SHALL SUBSTANTIALLY CONFORM TO THE13
1023+PRINCIPLES OF THE "MODEL STATE ADMINISTRATIVE PROCEDURES ACT",14
1024+1981
1025+ ACT, UNIFORM LAWS ANNOTATED, VOL. 15, P. 1 (2000), OR SUCH15
1026+OTHER ADMINISTRATIVE PROCEDURE ACTS AS THE INTERSTATE16
1027+C
1028+OMMISSION DEEMS APPROPRIATE CONSISTENT WITH DUE PROCESS17
1029+REQUIREMENTS UNDER THE UNITED STATES CONSTITUTION AS NOW OR18
1030+HEREAFTER INTERPRETED BY THE U.S. SUPREME COURT. ALL RULES AND19
1031+AMENDMENTS SHALL BECOME BINDING AS OF THE DATE SPECIFIED , AS20
1032+PUBLISHED WITH THE FINAL VERSION OF THE RULE AS APPROVED BY THE21
1033+I
1034+NTERSTATE COMMISSION.22
1035+C. W
1036+HEN PROMULGATING A RULE, THE INTERSTATE COMMISSION23
1037+SHALL, AT A MINIMUM:24
1038+1. P
1039+UBLISH THE PROPOSED RULE 'S ENTIRE TEXT STATING THE25
1040+REASON(S) FOR THAT PROPOSED RULE; AND26
1041+2. A
1042+LLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN27
1043+125
1044+-29- DATA, FACTS, OPINIONS, AND ARGUMENTS, WHICH INFORMATION SHALL BE1
1045+ADDED TO THE RECORD, AND BE MADE PUBLICLY AVAILABLE ; AND2
1046+3. P
1047+ROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE , IF3
1048+APPROPRIATE, BASED ON INPUT FROM STATE OR LOCAL OFFICIALS OR4
1049+INTERESTED PARTIES.5
1050+D. R
1051+ULES PROMULGATED BY THE INTERSTATE COMMISSION SHALL6
1052+HAVE THE FORCE AND EFFECT OF ADMINISTRATIVE RULES AND SHALL BE7
1053+BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER8
1054+PROVIDED FOR IN THIS COMPACT.9
1055+E. N
1056+OT LATER THAN 60 DAYS AFTER A RULE IS PROMULGATED, AN10
1057+INTERESTED PERSON MAY FILE A PETITION IN THE U.S. DISTRICT COURT11
1058+FOR THE DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT12
1059+WHERE THE INTERSTATE COMMISSION'S PRINCIPAL OFFICE IS LOCATED FOR13
1060+JUDICIAL REVIEW OF SUCH RULE . IF THE COURT FINDS THAT THE14
1061+I
1062+NTERSTATE COMMISSION'S ACTION IS NOT SUPPORTED BY SUBSTANTIAL15
1063+EVIDENCE IN THE RULEMAKING RECORD , THE COURT SHALL HOLD THE16
1064+RULE UNLAWFUL AND SET IT ASIDE.17
1065+F. I
1066+F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES18
1067+REJECTS A RULE, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR19
1068+RESOLUTION IN THE SAME MANNER USED TO ADOPT THE COMPACT , CAUSE20
1069+THAT SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY21
1070+MEMBER STATE.22
1071+G. T
1072+HE EXISTING RULES GOVERNING THE OPERATION OF THE23
1073+I
1074+NTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN SUPERSEDED BY24
1075+THIS ACT SHALL BE NULL AND VOID NO LESS THAN 12, BUT NO MORE THAN25
1076+24,
1077+ MONTHS AFTER THE FIRST MEETING OF THE INTERSTATE COMMISSION26
1078+CREATED HEREUNDER , AS DETERMINED BY THE MEMBERS DURING THE27
1079+125
1080+-30- FIRST MEETING.1
1081+H. W
1082+ITHIN THE FIRST 12 MONTHS OF OPERATION, THE INTERSTATE2
1083+C
1084+OMMISSION SHALL PROMULGATE RULES ADDRESSING THE FOLLOWING :3
1085+1. T
1086+RANSITION RULES.4
1087+2. F
1088+ORMS AND PROCEDURES.5
1089+3. T
1090+IME LINES.6
1091+4. D
1092+ATA COLLECTION AND REPORTING .7
1093+5. R
1094+ULEMAKING.8
1095+6. V
1096+ISITATION.9
1097+7. P
1098+ROGRESS REPORTS/SUPERVISION.10
1099+8. S
1100+HARING OF INFORMATION/CONFIDENTIALITY.11
1101+9. F
1102+INANCING OF THE INTERSTATE COMMISSION.12
1103+10. M
1104+EDIATION, ARBITRATION, AND DISPUTE RESOLUTION.13
1105+11. E
1106+DUCATION, TRAINING, AND TECHNICAL ASSISTANCE.14
1107+12. E
1108+NFORCEMENT.15
1109+13. C
1110+OORDINATION WITH OTHER INTERSTATE COMPACTS .16
1111+I. U
1112+PON DETERMINATION BY A MAJORITY OF THE MEMBERS OF THE17
1113+I
1114+NTERSTATE COMMISSION THAT AN EMERGENCY EXISTS :18
1115+1. T
1116+HE INTERSTATE COMMISSION MAY PROMULGATE AN19
1117+EMERGENCY RULE ONLY IF IT IS REQUIRED TO:20
5601118 a. P
561-RIOR TO SENDING, BRINGING, OR CAUSING A CHILD TO BE SENT
562-OR BROUGHT INTO A RECEIVING STATE
563-, THE PUBLIC CHILD PLACING AGENCY
564-SHALL PROVIDE A WRITTEN REQUEST FOR ASSESSMENT TO THE RECEIVING
565-STATE
566-.
567-B. F
568-OR PLACEMENTS BY A PRIVATE CHILD PLACING AGENCY , A CHILD
569-MAY BE SENT OR BROUGHT
570-, OR CAUSED TO BE SENT OR BROUGHT , INTO A
571-RECEIVING STATE
572-, UPON RECEIPT AND IMMEDIATE REVIEW OF THE REQUIRED
573-CONTENT IN A REQUEST FOR APPROVAL OF A PLACEMENT IN BOTH THE
574-SENDING AND RECEIVING STATE PUBLIC CHILD PLACING AGENCY
575-. THE
576-REQUIRED CONTENT TO ACCOMPANY A REQUEST FOR APPROVAL SHALL
577-INCLUDE ALL OF THE FOLLOWING
578-:
1119+ROTECT THE CHILDREN COVERED BY THIS COMPACT FROM AN21
1120+IMMINENT THREAT TO THEIR HEALTH , SAFETY, AND WELL-BEING; OR22
1121+b. P
1122+REVENT LOSS OF FEDERAL OR STATE FUNDS ; OR23
1123+c. M
1124+EET A DEADLINE FOR THE PROMULGATION OF AN24
1125+ADMINISTRATIVE RULE REQUIRED BY FEDERAL LAW .25
1126+2. A
1127+N EMERGENCY RULE SHALL BECOME EFFECTIVE IMMEDIATELY26
1128+UPON ADOPTION, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES27
1129+125
1130+-31- PROVIDED HEREUNDER SHALL BE RETROACTIVELY APPLIED TO SAID RULE1
1131+AS SOON AS REASONABLY POSSIBLE, BUT NO LATER THAN 90 DAYS AFTER2
1132+THE EFFECTIVE DATE OF THE EMERGENCY RULE .3
1133+3. A
1134+N EMERGENCY RULE SHALL BE PROMULGATED AS PROVIDED4
1135+FOR IN THE RULES OF THE INTERSTATE COMMISSION.5
1136+ARTICLE XII.6
1137+OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT7
1138+A. O
1139+VERSIGHT8
1140+1. T
1141+HE INTERSTATE COMMISSION SHALL OVERSEE THE9
1142+ADMINISTRATION AND OPERATION OF THE COMPACT .10
1143+2. T
1144+HE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF11
1145+STATE GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS12
1146+COMPACT AND THE RULES OF THE INTERSTATE COMMISSION AND SHALL13
1147+TAKE ALL ACTIONS NECESSARY AND APPROPRIATE TO EFFECTUATE THE14
1148+COMPACT'S PURPOSES AND INTENT. THE COMPACT AND ITS RULES SHALL15
1149+BE BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE16
1150+MANNER PROVIDED FOR IN THIS COMPACT .17
1151+3. A
1152+LL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT18
1153+AND THE RULES IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A19
1154+MEMBER STATE PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT .20
1155+4. T
1156+HE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE21
1157+SERVICE OF PROCESS IN ANY ACTION IN WHICH THE VALIDITY OF A22
1158+COMPACT PROVISION OR RULE IS THE ISSUE FOR WHICH A JUDICIAL23
1159+DETERMINATION HAS BEEN SOUGHT AND SHALL HAVE STANDING TO24
1160+INTERVENE IN ANY PROCEEDINGS . FAILURE TO PROVIDE SERVICE OF25
1161+PROCESS TO THE INTERSTATE COMMISSION SHALL RENDER ANY26
1162+JUDGMENT, ORDER, OR OTHER DETERMINATION, HOWEVER SO CAPTIONED27
1163+125
1164+-32- OR CLASSIFIED, VOID AS TO THE INTERSTATE COMMISSION, THIS COMPACT,1
1165+ITS BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.2
1166+B. D
1167+ISPUTE RESOLUTION3
1168+1. T
1169+HE INTERSTATE COMMISSION SHALL ATTEMPT , UPON THE4
1170+REQUEST OF A MEMBER STATE, TO RESOLVE DISPUTES WHICH ARE SUBJECT5
1171+TO THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES AND6
1172+BETWEEN MEMBER AND NON -MEMBER STATES.7
1173+2. T
1174+HE INTERSTATE COMMISSION SHALL PROMULGATE A RULE8
1175+PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR9
1176+DISPUTES AMONG COMPACTING STATES . THE COSTS OF SUCH MEDIATION10
1177+OR DISPUTE RESOLUTION SHALL BE THE RESPONSIBILITY OF THE PARTIES11
1178+TO THE DISPUTE.12
1179+C. E
1180+NFORCEMENT13
1181+1. I
1182+F THE INTERSTATE COMMISSION DETERMINES THAT A MEMBER14
1183+STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR15
1184+RESPONSIBILITIES UNDER THIS COMPACT , ITS BYLAWS, OR RULES, THE16
1185+I
1186+NTERSTATE COMMISSION MAY:17
1187+a. P
1188+ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL18
1189+ASSISTANCE; OR19
1190+b. P
1191+ROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND20
1192+OTHER MEMBER STATES, OF THE NATURE OF THE DEFAULT AND THE MEANS21
1193+OF CURING THE DEFAULT. THE INTERSTATE COMMISSION SHALL SPECIFY22
1194+THE CONDITIONS BY WHICH THE DEFAULTING STATE MUST CURE ITS23
1195+DEFAULT; OR24
1196+c. B
1197+Y MAJORITY VOTE OF THE MEMBERS , INITIATE AGAINST A25
1198+DEFAULTING MEMBER STATE LEGAL ACTION IN THE UNITED STATES26
1199+D
1200+ISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR, AT THE DISCRETION27
1201+125
1202+-33- OF THE INTERSTATE COMMISSION, IN THE FEDERAL DISTRICT WHERE THE1
1203+I
1204+NTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICE , TO ENFORCE2
1205+COMPLIANCE WITH THE PROVISIONS OF THE COMPACT , ITS BYLAWS, OR3
1206+RULES. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND4
1207+DAMAGES. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE5
1208+PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION6
1209+INCLUDING REASONABLE ATTORNEY 'S FEES; OR7
1210+d. A
1211+VAIL ITSELF OF ANY OTHER REMEDIES AVAILABLE UNDER8
1212+STATE LAW OR THE REGULATION OF OFFICIAL OR PROFESSIONAL CONDUCT .9
1213+ARTICLE XIII.10
1214+FINANCING OF THE COMMISSION11
1215+A. T
1216+HE INTERSTATE COMMISSION SHALL PAY, OR PROVIDE FOR THE12
1217+PAYMENT OF, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,13
1218+ORGANIZATION, AND ONGOING ACTIVITIES.14
1219+B. T
1220+HE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN15
1221+ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF16
1222+THE OPERATIONS AND ACTIVITIES OF THE INTERSTATE COMMISSION AND17
1223+ITS STAFF WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER THE18
1224+I
1225+NTERSTATE COMMISSION'S ANNUAL BUDGET AS APPROVED BY ITS19
1226+MEMBERS EACH YEAR. THE AGGREGATE ANNUAL ASSESSMENT AM OUNT20
1227+SHALL BE ALLOCATED BASED UPON A FORMULA TO BE DETERMINED BY THE21
1228+I
1229+NTERSTATE COMMISSION WHICH SHALL PROMULGATE A RULE BINDING22
1230+UPON ALL MEMBER STATES.23
1231+C. T
1232+HE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS24
1233+OF ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE25
1234+SAME; NOR SHALL THE INTERSTATE COMMISSION PLEDGE THE CREDIT OF26
1235+ANY OF THE MEMBER STATES , EXCEPT BY AND WITH THE AUTHORITY OF27
1236+125
1237+-34- THE MEMBER STATE.1
1238+D. T
1239+HE INTERSTATE COMMISSION SHALL KEEP ACCURATE2
1240+ACCOUNTS OF ALL RECEIPTS AND DISBURSEMENTS . THE RECEIPTS AND3
1241+DISBURSEMENTS OF THE INTERSTATE COMMISSION SHALL BE SUBJECT TO4
1242+THE AUDIT AND ACC OUNTING PROCEDURES ESTABLISHED UNDER ITS5
1243+BYLAWS. HOWEVER, ALL RECEIPTS AND DISBURSEMENTS OF FUNDS6
1244+HANDLED BY THE INTERSTATE COMMISSION SHALL BE AUDITED YEARLY7
1245+BY A CERTIFIED OR LICENSED PUBLIC ACCOUNTANT AND THE REPORT OF8
1246+THE AUDIT SHALL BE INCLUDED IN AND BECOME PART OF THE ANNUAL9
1247+REPORT OF THE INTERSTATE COMMISSION.10
1248+ARTICLE XIV.11
1249+MEMBER STATES, EFFECTIVE DATE AND AMENDMENT12
1250+A. A
1251+NY STATE IS ELIGIBLE TO BECOME A MEMBER STATE .13
1252+B. T
1253+HE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON14
1254+LEGISLATIVE ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN15
1255+35
1256+ STATES. THE EFFECTIVE DATE SHALL BE THE LATER OF JULY 1, 2007, OR16
1257+UPON ENACTMENT OF THE COMPACT INTO LAW BY THE 35TH STATE.17
1258+T
1259+HEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER18
1260+MEMBER STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT19
1261+STATE. THE EXECUTIVE HEADS OF STATE HUMAN SERVICES20
1262+ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE CHILD21
1263+WELFARE PROGRAM OF NON -MEMBER STATES OR THEIR DESIGNEES SHALL22
1264+BE INVITED TO PARTICIPATE IN THE ACTIVITIES OF THE INTERSTATE23
1265+C
1266+OMMISSION ON A NON -VOTING BASIS PRIOR TO ADOPTION OF THE24
1267+COMPACT BY ALL STATES.25
1268+C. T
1269+HE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO26
1270+THE COMPACT FOR ENACTMENT BY THE MEMBER STATES . NO AMENDMENT27
1271+125
1272+-35- SHALL BECOME EFFECTIVE AND BINDING ON THE MEMBER STATES UNLESS1
1273+AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE2
1274+MEMBER STATES.3
1275+ARTICLE XV.4
1276+WITHDRAWAL AND DISSOLUTION5
1277+A. W
1278+ITHDRAWAL6
1279+1. O
1280+NCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND7
1281+REMAIN BINDING UPON EACH AND EVERY MEMBER STATE ; PROVIDED THAT8
1282+A MEMBER STATE MAY WITHDRAW FROM THE COMPACT SPECIFICALLY9
1283+REPEALING THE STATUTE WHICH ENACTED THE COMPACT INTO LAW .10
1284+2. W
1285+ITHDRAWAL FROM THIS COMPACT SHALL BE BY THE11
1286+ENACTMENT OF A STATUTE REPEALING THE SAME . THE EFFECTIVE DATE OF12
1287+THE WITHDRAWAL SHALL BE THE EFFECTIVE DATE OF THE REPEAL OF THE13
1288+STATUTE.14
1289+3. T
1290+HE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE15
1291+PRESIDENT OF THE INTERSTATE COMMISSION IN WRITING UPON THE16
1292+INTRODUCTION OF LEGISLATION REPEALING THIS COMPACT IN THE17
1293+WITHDRAWING STATE. THE INTERSTATE COMMISSION SHALL THEN NOTIFY18
1294+THE OTHER MEMBER STATES OF THE WITHDRAWING STATE 'S INTENT TO19
1295+WITHDRAW.20
1296+4. T
1297+HE WITHDRAWING STATE IS RESPONSIBLE FOR ALL21
1298+ASSESSMENTS, OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE22
1299+EFFECTIVE DATE OF WITHDRAWAL .23
1300+5. R
1301+EINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE24
1302+SHALL OCCUR UPON THE WITHDRAWING STATE REENACTING THE COMPACT25
1303+OR UPON SUCH LATER DATE AS DETERMINED BY THE MEMBERS OF THE26
1304+I
1305+NTERSTATE COMMISSION.27
1306+125
1307+-36- B. DISSOLUTION OF COMPACT1
1308+1. T
1309+HIS COMPACT SHALL DISSOLVE EFFECTIVE UPON THE DATE OF2
1310+THE WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES3
1311+THE MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE .4
1312+2. U
1313+PON THE DISSOLUTION OF THIS COMPACT , THE COMPACT5
1314+BECOMES NULL AND VOID AND SHALL BE OF NO FURTHER FORCE OR6
1315+EFFECT, AND THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION7
1316+SHALL BE CONCLUDED AND SURPLUS FUNDS SHALL BE DISTRIBUTED IN8
1317+ACCORDANCE WITH THE BYLAWS .9
1318+ARTICLE XVI.10
1319+SEVERABILITY AND CONSTRUCTION11
1320+A. T
1321+HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE , AND12
1322+IF ANY PHRASE, CLAUSE, SENTENCE, OR PROVISION IS DEEMED13
1323+UNENFORCEABLE, THE REMAINING PROVISIONS OF THE COMPACT SHALL BE14
1324+ENFORCEABLE.15
1325+B. T
1326+HE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY16
1327+CONSTRUED TO EFFECTUATE ITS PURPOSES .17
1328+C. N
1329+OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT18
1330+THE CONCURRENT APPLICABILITY OF OTHER INTERSTATE COMPACTS TO19
1331+WHICH THE STATES ARE MEMBERS .20
1332+ARTICLE XVII.21
1333+BINDING EFFECT OF COMPACT AND OTHER LAWS22
1334+A. O
1335+THER LAWS23
1336+1. N
1337+OTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER24
1338+LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WITH THIS COMPACT .25
1339+B. B
1340+INDING EFFECT OF THE COMPACT26
5791341 1. A
580- REQUEST FOR APPROVAL IDENTIFYING THE CHILD , BIRTH
581-PARENT
582-(S), THE PROSPECTIVE ADOPTIVE PARENT(S), AND THE SUPERVISING
583-AGENCY
584-, SIGNED BY THE PERSON REQUESTING APPROVAL ; AND
585-2. THE APPROPRIATE CONSENTS OR RELINQUISHMENTS SIGNED BY
586-PAGE 12-SENATE BILL 24-125 THE BIRTH-PARENT(S) IN ACCORDANCE WITH THE LAWS OF THE SENDING
587-STATE
588-, OR WHERE PERMITTED , THE LAWS OF THE STATE WHERE THE
589-ADOPTION WILL BE FINALIZED
590-; AND
591-3. CERTIFICATION BY A LICENSED ATTORNEY OR AUTHORIZED AGENT
592-OF A PRIVATE ADOPTION AGENCY THAT THE CONSENT OR RELINQUISHMENT
593-IS IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE SENDING STATE
594-, OR,
595-WHERE PERMITTED, THE LAWS OF THE STATE WHERE FINALIZATION OF THE
596-ADOPTION WILL OCCUR
597-; AND
598-4. A HOME STUDY; AND
599-5. AN ACKNOWLEDGMENT OF LEGAL RISK SIGNED BY THE
600-PROSPECTIVE ADOPTIVE PARENT
601-(S).
602-C. T
603-HE SENDING STATE AND THE RECEIVING STATE MAY REQUEST
604-ADDITIONAL INFORMATION OR DOCUMENTS PRIOR TO FINALIZATION OF AN
605-APPROVED PLACEMENT
606-, BUT THEY MAY NOT DELAY TRAVEL BY THE
607-PROSPECTIVE ADOPTIVE PARENT
608-(S) WITH THE CHILD IF THE REQUIRED
609-CONTENT FOR APPROVAL HAS BEEN SUBMITTED
610-, RECEIVED, AND REVIEWED
611-BY THE PUBLIC CHILD PLACING AGENCY IN BOTH THE SENDING STATE AND
612-THE RECEIVING STATE
613-.
614-D. A
615-PPROVAL FROM THE PUBLIC CHILD PLACING AGENCY IN THE
616-RECEIVING STATE FOR PROVISIONAL OR APPROVED PLACEMENT IS REQUIRED
617-AS PROVIDED FOR IN THE RULES OF THE
618-INTERSTATE COMMISSION.
619-E. T
620-HE PROCEDURES FOR MAKING AND THE REQUEST FOR AN
621-ASSESSMENT SHALL CONTAIN ALL INFORMATION AND BE IN SUCH FORM AS
622-PROVIDED FOR IN THE RULES OF THE
623-INTERSTATE COMMISSION.
624-F. U
625-PON RECEIPT OF A REQUEST FROM THE PUBLIC CHILD PLACING
626-AGENCY OF THE SENDING STATE
627-, THE RECEIVING STATE SHALL INITIATE AN
628-ASSESSMENT OF THE PROPOSED PLACEMENT TO DETERMINE ITS SAFETY AND
629-SUITABILITY
630-. IF THE PROPOSED PLACEMENT IS A PLACEMENT WITH A
631-RELATIVE
632-, THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE MAY
633-REQUEST A DETERMINATION FOR A PROVISIONAL PLACEMENT
634-.
635-G. T
636-HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
637-MAY REQUEST FROM THE PUBLIC CHILD PLACING AGENCY OR THE PRIVATE
638-PAGE 13-SENATE BILL 24-125 CHILD PLACING AGENCY IN THE SENDING STATE, AND SHALL BE ENTITLED TO
639-RECEIVE
640-, SUPPORTING OR ADDITIONAL INFORMATION NECESSARY TO
641-COMPLETE THE ASSESSMENT OR APPROVE THE PLACEMENT
642-.
643-H. T
644-HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
645-SHALL APPROVE A PROVISIONAL PLACEMENT AND COMPLETE OR ARRANGE
646-FOR THE COMPLETION OF THE ASSESSMENT WITHIN THE TIME FRAMES
647-ESTABLISHED BY THE RULES OF THE
648-INTERSTATE COMMISSION.
649-I. F
650-OR A PLACEMENT BY A PRIVATE CHILD PLACING AGENCY , THE
651-SENDING STATE SHALL NOT IMPOSE ANY ADDITIONAL REQUIREMENTS TO
652-COMPLETE THE HOME STUDY THAT ARE NOT REQUIRED BY THE RECEIVING
653-STATE
654-, UNLESS THE ADOPTION IS FINALIZED IN THE SENDING STATE .
655-J. T
656-HE INTERSTATE COMMISSION MAY DEVELOP UNIFORM
657-STANDARDS FOR THE ASSESSMENT OF THE SAFETY AND SUITABILITY OF
658-INTERSTATE PLACEMENTS
659-.
660-ARTICLE VI.
661-PLACEMENT AUTHORITY
662-A. E
663-XCEPT AS OTHERWISE PROVIDED IN THIS COMPACT , NO CHILD
664-SUBJECT TO THIS COMPACT SHALL BE PLACED INTO A RECEIVING STATE UNTIL
665-APPROVAL FOR SUCH PLACEMENT IS OBTAINED
666-.
667-B. I
668-F THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
669-DOES NOT APPROVE THE PROPOSED PLACEMENT
670-, THEN THE CHILD SHALL NOT
671-BE PLACED
672-. THE RECEIVING STATE SHALL PROVIDE WRITTEN
673-DOCUMENTATION OF ANY SUCH DETERMINATION IN ACCORDANCE WITH THE
674-RULES PROMULGATED BY THE
675-INTERSTATE COMMISSION. SUCH
676-DETERMINATION IS NOT SUBJECT TO JUDICIAL REVIEW IN THE SENDING
677-STATE
678-.
679-C. I
680-F THE PROPOSED PLACEMENT IS NOT APPROVED , ANY INTERESTED
681-PARTY SHALL HAVE STANDING TO SEEK AN ADMINISTRATIVE REVIEW OF THE
682-RECEIVING STATE
683-'S DETERMINATION.
684-1. T
685-HE ADMINISTRATIVE REVIEW AND ANY FURTHER JUDICIAL
686-REVIEW ASSOCIATED WITH THE DETERMINATION SHALL BE CONDUCTED IN
687-THE RECEIVING STATE PURSUANT TO ITS APPLICABLE
688-ADMINISTRATIVE
689-PROCEDURES ACT.
690-PAGE 14-SENATE BILL 24-125 2. IF A DETERMINATION NOT TO APPROVE THE PLACEMENT OF THE
691-CHILD IN THE RECEIVING STATE IS OVERTURNED UPON REVIEW
692-, THE
693-PLACEMENT SHALL BE DEEMED APPROVED
694-, PROVIDED, HOWEVER, THAT ALL
695-ADMINISTRATIVE OR JUDICIAL REMEDIES HAVE BEEN EXHAUSTED OR THE
696-TIME FOR SUCH REMEDIES HAS PASSED
697-.
698-ARTICLE VII.
699-PLACING AGENCY RESPONSIBILITY
700-A. F
701-OR THE INTERSTATE PLACEMENT OF A CHILD MADE BY A PUBLIC
702-CHILD PLACING AGENCY OR STATE COURT
703-:
704-1. T
705-HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE SHALL
706-HAVE FINANCIAL RESPONSIBILITY FOR
707-:
708-a. T
709-HE ONGOING SUPPORT AND MAINTENANCE FOR THE CHILD
710-DURING THE PERIOD OF THE PLACEMENT
711-, UNLESS OTHERWISE PROVIDED FOR
712-IN THE RECEIVING STATE
713-; AND
714-b. AS DETERMINED BY THE PUBLIC CHILD PLACING AGENCY IN THE
715-SENDING STATE
716-, SERVICES FOR THE CHILD BEYOND THE PUBLIC SERVICES FOR
717-WHICH THE CHILD IS ELIGIBLE IN THE RECEIVING STATE
718-.
719-2. T
720-HE RECEIVING STATE SHALL ONLY HAVE FINANCIAL
721-RESPONSIBILITY FOR
722-:
723-a. A
724-NY ASSESSMENT CONDUCTED BY THE RECEIVING STATE ; AND
725-b. SUPERVISION CONDUCTED BY THE RECEIVING STATE AT THE LEVEL
726-NECESSARY TO SUPPORT THE PLACEMENT AS AGREED UPON BY THE PUBLIC
727-CHILD PLACING AGENCIES OF THE RECEIVING AND SENDING STATES
728-.
729-3. N
730-OTHING IN THIS PROVISION SHALL PROHIBIT PUBLIC CHILD
731-PLACING AGENCIES IN THE SENDING STATE FROM ENTERING INTO
732-AGREEMENTS WITH LICENSED AGENCIES OR PERSONS IN THE RECEIVING
733-STATE TO CONDUCT ASSESSMENTS AND PROVIDE SUPERVISION
734-.
735-B. F
736-OR THE PLACEMENT OF A CHILD BY A PRIVATE CHILD PLACING
737-AGENCY PRELIMINARY TO A POSSIBLE ADOPTION
738-, THE PRIVATE CHILD
739-PLACING AGENCY SHALL BE
740-:
741-PAGE 15-SENATE BILL 24-125 1. LEGALLY RESPONSIBLE FOR THE CHILD DURING THE PERIOD OF
742-PLACEMENT AS PROVIDED FOR IN THE LAW OF THE SENDING STATE UNTIL THE
743-FINALIZATION OF THE ADOPTION
744-.
745-2. F
746-INANCIALLY RESPONSIBLE FOR THE CHILD ABSENT A
747-CONTRACTUAL AGREEMENT TO THE CONTRARY
748-.
749-C. T
750-HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
751-SHALL PROVIDE TIMELY ASSESSMENTS
752-, AS PROVIDED FOR IN THE RULES OF
753-THE
754-INTERSTATE COMMISSION.
755-D. T
756-HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
757-SHALL PROVIDE
758-, OR ARRANGE FOR THE PROVISION OF , SUPERVISION AND
759-SERVICES FOR THE CHILD
760-, INCLUDING TIMELY REPORTS, DURING THE PERIOD
761-OF THE PLACEMENT
762-.
763-E. N
764-OTHING IN THIS COMPACT SHALL BE CONSTRUED AS TO LIMIT THE
765-AUTHORITY OF THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
766-FROM CONTRACTING WITH A LICENSED AGENCY OR PERSON IN THE RECEIVING
767-STATE FOR AN ASSESSMENT OR THE PROVISION OF SUPERVISION OR SERVICES
768-FOR THE CHILD OR OTHERWISE AUTHORIZING THE PROVISION OF SUPERVISION
769-OR SERVICES BY A LICENSED AGENCY DURING THE PERIOD OF PLACEMENT
770-.
771-F. E
772-ACH MEMBER STATE SHALL PROVIDE FOR COORDINATION AMONG
773-ITS BRANCHES OF GOVERNMENT CONCERNING THE STATE
774-'S PARTICIPATION
775-IN
776-, AND COMPLIANCE WITH, THE COMPACT AND INTERSTATE COMMISSION
777-ACTIVITIES
778-, THROUGH THE CREATION OF AN ADVISORY COUNCIL OR USE OF
779-AN EXISTING BODY OR BOARD
780-.
781-G. E
782-ACH MEMBER STATE SHALL ESTABLISH A CENTRAL STATE
783-COMPACT OFFICE
784-, WHICH SHALL BE RESPONSIBLE FOR STATE COMPLIANCE
785-WITH THE COMPACT AND THE RULES OF THE
786-INTERSTATE COMMISSION.
787-H. T
788-HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE
789-SHALL OVERSEE COMPLIANCE WITH THE PROVISIONS OF THE
790-INDIAN CHILD
791-WELFARE ACT (25 U.S.C. 1901 ET SEQ.) FOR PLACEMENTS SUBJECT TO THE
792-PROVISIONS OF THIS COMPACT
793-, PRIOR TO PLACEMENT.
794-I. W
795-ITH THE CONSENT OF THE INTERSTATE COMMISSION, STATES
796-MAY ENTER INTO LIMITED AGREEMENTS THAT FACILITATE THE TIMELY
797-PAGE 16-SENATE BILL 24-125 ASSESSMENT AND PROVISION OF SERVICES AND SUPERVISION OF PLACEMENTS
798-UNDER THIS COMPACT
799-.
800-ARTICLE VIII.
801-INTERSTATE COMMISSION FOR THE PLACEMENT
802-OF CHILDREN
803-T
804-HE MEMBER STATES HEREBY ESTABLISH , BY WAY OF THIS COMPACT , A
805-COMMISSION KNOWN AS THE
806-"INTERSTATE COMMISSION FOR THE
807-PLACEMENT OF CHILDREN". THE ACTIVITIES OF THE INTERSTATE
808-COMMISSION ARE THE FORMATION OF PUBLIC POLICY AND ARE A
809-DISCRETIONARY STATE FUNCTION
810-. THE INTERSTATE COMMISSION SHALL:
811-A. B
812-E A JOINT COMMISSION OF THE MEMBER STATES AND SHALL
813-HAVE THE RESPONSIBILITIES
814-, POWERS, AND DUTIES SET FORTH HEREIN, AND
815-SUCH ADDITIONAL POWERS AS MAY BE CONFERRED UPON IT BY SUBSEQUENT
816-CONCURRENT ACTION OF THE RESPECTIVE LEGISLATURES OF THE MEMBER
817-STATES
818-.
819-B. C
820-ONSIST OF ONE COMMISSIONER FROM EACH MEMBER STATE WHO
821-SHALL BE APPOINTED BY THE EXECUTIVE HEAD OF THE STATE HUMAN
822-SERVICES ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE CHILD
823-WELFARE PROGRAM
824-. THE APPOINTED COMMISSIONER SHALL HAVE THE
825-LEGAL AUTHORITY TO VOTE ON POLICY
826--RELATED MATTERS GOVERNED BY
827-THIS COMPACT BINDING THE STATE
828-.
829-1. E
830-ACH MEMBER STATE REPRESENTED AT A MEETING OF THE
831-INTERSTATE COMMISSION IS ENTITLED TO ONE VOTE.
1342+LL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION,27
1343+125
1344+-37- INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE INTERSTATE1
1345+C
1346+OMMISSION, ARE BINDING UPON THE MEMBER STATES .2
8321347 2. A
833- MAJORITY OF THE MEMBER STATES SHALL CONSTITUTE A
834-QUORUM FOR THE TRANSACTION OF BUSINESS
835-, UNLESS A LARGER QUORUM
836-IS REQUIRED BY THE BYLAWS OF THE
837-INTERSTATE COMMISSION.
838-3. A
839- REPRESENTATIVE SHALL NOT DELEGATE A VOTE TO ANOTHER
840-MEMBER STATE
841-.
842-4. A
843- REPRESENTATIVE MAY DELEGATE VOTING AUTHORITY TO
844-ANOTHER PERSON FROM THEIR STATE FOR A SPECIFIED MEETING
845-.
846-C. I
847-N ADDITION TO THE COMMISSIONERS OF EACH MEMBER STATE ,
848-THE INTERSTATE COMMISSION SHALL INCLUDE PERSONS WHO ARE MEMBERS
849-OF INTERESTED ORGANIZATIONS AS DEFINED IN THE BYLAWS OR RULES OF
850-PAGE 17-SENATE BILL 24-125 THE INTERSTATE COMMISSION. SUCH MEMBERS SHALL BE EX OFFICIO AND
851-SHALL NOT BE ENTITLED TO VOTE ON ANY MATTER BEFORE THE
852-INTERSTATE
853-COMMISSION.
854-D. E
855-STABLISH AN EXECUTIVE COMMITTEE WHICH SHALL HAVE THE
856-AUTHORITY TO ADMINISTER THE DAY
857--TO-DAY OPERATIONS AND
858-ADMINISTRATION OF THE
859-INTERSTATE COMMISSION. IT SHALL NOT HAVE THE
860-POWER TO ENGAGE IN RULEMAKING
861-.
862-ARTICLE IX.
863-POWERS AND DUTIES OF THE
864-INTERSTATE COMMISSION
865-T
866-HE INTERSTATE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
867-A. T
868-O PROMULGATE RULES AND TAKE ALL NECESSARY ACTIONS TO
869-EFFECT THE GOALS
870-, PURPOSES, AND OBLIGATIONS AS ENUMERATED IN THIS
871-COMPACT
872-.
873-B. T
874-O PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES .
875-C. T
876-O ISSUE, UPON REQUEST OF A MEMBER STATE , ADVISORY
877-OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF THE
878-INTERSTATE COMPACT
879-, ITS BYLAWS, RULES, OR ACTIONS.
880-D. T
881-O ENFORCE COMPLIANCE WITH THIS COMPACT OR THE BYLAWS
882-OR RULES OF THE
883-INTERSTATE COMMISSION PURSUANT TO ARTICLE XII.
884-E. T
885-O COLLECT STANDARDIZED DATA CONCERNING THE INTERSTATE
886-PLACEMENT OF CHILDREN SUBJECT TO THIS COMPACT AS DIRECTED THROUGH
887-ITS RULES
888-, WHICH SHALL SPECIFY THE DATA TO BE COLLECTED , THE MEANS
889-OF COLLECTION
890-, AND DATA EXCHANGE AND REPORTING REQUIREMENTS .
891-F. T
892-O ESTABLISH AND MAINTAIN OFFICES AS MAY BE NECESSARY FOR
893-THE TRANSACTING OF ITS BUSINESS
894-.
895-G. T
896-O PURCHASE AND MAINTAIN INSURANCE AND BONDS .
897-H. T
898-O HIRE OR CONTRACT FOR SERVICES OF PERSONNEL OR
899-CONSULTANTS AS NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THE
900-COMPACT AND ESTABLISH PERSONNEL QUALIFICATION POLICIES AND RATES
901-OF COMPENSATION
902-.
903-PAGE 18-SENATE BILL 24-125 I. TO ESTABLISH AND APPOIN T COMMITTEES AND OFFICERS
904-INCLUDING
905-, BUT NOT LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED
906-BY
907-ARTICLE X.
908-J. T
909-O ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY ,
910-EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE,
911-AND DISPOSE THEREOF.
912-K. T
913-O LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF ,
914-OR OTHERWISE TO OWN , HOLD, IMPROVE, OR USE ANY PROPERTY, REAL,
915-PERSONAL, OR MIXED.
916-L. T
917-O SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
918-ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR
919-MIXED
920-.
921-M. T
922-O ESTABLISH A BUDGET AND MAKE EXPENDITURES .
923-N. T
924-O ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT
925-AND OPERATION OF THE
926-INTERSTATE COMMISSION.
927-O. T
928-O REPORT ANNUALLY TO THE LEGISLATURES , GOVERNORS, THE
929-JUDICIARY
930-, AND STATE ADVISORY COUNCILS OF THE MEMBER STATES
931-CONCERNING THE ACTIVITIES OF THE
932-INTERSTATE COMMISSION DURING THE
933-PRECEDING YEAR
934-. SUCH REPORTS SHALL ALSO INCLUDE ANY
935-RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE
936-INTERSTATE
937-COMMISSION.
938-P. T
939-O COORDINATE AND PROVIDE EDUCATION , TRAINING, AND PUBLIC
940-AWARENESS REGARDING THE INTERSTATE MOVEMENT OF CHILDREN FOR
941-OFFICIALS INVOLVED IN SUCH ACTIVITY
942-.
943-Q. T
944-O MAINTAIN BOOKS AND RECORDS IN ACCORDANCE WITH THE
945-BYLAWS OF THE
946-INTERSTATE COMMISSION.
947-R. T
948-O PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR
949-APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT
950-.
951-ARTICLE X.
952-ORGANIZATION AND OPERATION OF THE
953-INTERSTATE COMMISSION
954-PAGE 19-SENATE BILL 24-125 A. BYLAWS
955-1. WITHIN 12 MONTHS AFTER THE FIRST INTERSTATE COMMISSION
956-MEETING
957-, THE INTERSTATE COMMISSION SHALL ADOPT BYLAWS TO GOVERN
958-ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY OUT THE
959-PURPOSES OF THE COMPACT
960-.
961-2. T
962-HE INTERSTATE COMMISSION'S BYLAWS AND RULES SHALL
963-ESTABLISH CONDITIONS AND PROCEDURES UNDER WHICH THE
964-INTERSTATE
965-COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL RECORDS
966-AVAILABLE TO THE PUBLIC FOR INSPECTION OR COPYING
967-. THE INTERSTATE
968-COMMISSION MAY EXEMPT FROM DISCLOSURE INFORMATION OR OFFICIAL
969-RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT PERSONAL
970-PRIVACY RIGHTS OR PROPRIETARY INTERESTS
971-.
972-B. M
973-EETINGS
974-1. THE INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE EACH
975-CALENDAR YEAR
976-. THE CHAIRPERSON MAY CALL ADDITIONAL MEETINGS AND
977-UPON THE REQUEST OF A SIMPLE MAJORITY OF THE MEMBER STATES SHALL
978-CALL ADDITIONAL MEETINGS
979-.
980-2. P
981-UBLIC NOTICE SHALL BE GIVEN BY THE INTERSTATE COMMISSION
982-OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN TO THE PUBLIC
983-,
984-EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED IN THE
985-COMPACT
986-. THE INTERSTATE COMMISSION AND ITS COMMITTEES MAY CLOSE
987-A MEETING
988-, OR PORTION THEREOF, WHERE IT DETERMINES BY TWO-THIRDS
989-VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO
990-:
991-a. R
992-ELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL
993-PERSONNEL PRACTICES AND PROCEDURES
994-; OR
995-b. DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE
996-BY FEDERAL LAW
997-; OR
998-c. DISCLOSE FINANCIAL OR COMMERCIAL INFORMATION WHICH IS
999-PRIVILEGED
1000-, PROPRIETARY, OR CONFIDENTIAL IN NATURE; OR
1001-d. INVOLVE ACCUSING A PERSON OF A CRIME , OR FORMALLY
1002-CENSURING A PERSON
1003-; OR
1004-PAGE 20-SENATE BILL 24-125 e. DISCLOSE INFORMATION OF A PERSONAL NATURE WHERE
1005-DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF
1006-PERSONAL PRIVACY OR PHYSICALLY ENDANGER ONE OR MORE PERSONS
1007-; OR
1008-f. DISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW
1009-ENFORCEMENT PURPOSES
1010-; OR
1011-g. SPECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S
1012-PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING
1013-.
1014-3. F
1015-OR A MEETING, OR A PORTION OF A MEETING, CLOSED PURSUANT
1016-TO THIS PROVISION
1017-, THE INTERSTATE COMMISSION'S LEGAL COUNSEL OR
1018-DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL
1019-REFERENCE EACH RELEVANT EXEMPTION PROVISION
1020-. THE INTERSTATE
1021-COMMISSION SHALL KEEP MINUTES WHICH SHALL FULLY AND CLEARLY
1022-DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A
1023-FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN
1024-, AND THE REASONS
1025-THEREFORE
1026-, INCLUDING A DESCRIPTION OF THE VIEWS EXPRESSED AND THE
1027-RECORD OF A ROLL CALL VOTE
1028-. ALL DOCUMENTS CONSIDERED IN
1029-CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES
1030-. ALL
1031-MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER
1032-SEAL
1033-, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE INTERSTATE
1034-COMMISSION OR BY COURT ORDER .
1035-4. T
1036-HE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE
1037-COMMISSION TO BE CONDUCTED BY TELECOMMUNICATION OR OTHER
1038-ELECTRONIC COMMUNICATION
1039-.
1040-C. O
1041-FFICERS AND STAFF
1042-1. THE INTERSTATE COMMISSION MAY, THROUGH ITS EXECUTIVE
1043-COMMITTEE
1044-, APPOINT OR RETAIN A STAFF DIRECTOR FOR SUCH PERIOD, UPON
1045-SUCH TERMS AND C ONDITIONS AND FOR SUCH COMPENSATION AS THE
1046-INTERSTATE COMMISSION MAY DEEM APPROPRIATE . THE STAFF DIRECTOR
1047-SHALL SERVE AS SECRETARY TO THE
1048-INTERSTATE COMMISSION, BUT SHALL
1049-NOT HAVE A VOTE
1050-. THE STAFF DIRECTOR MAY HIRE AND SUPERVISE SUCH
1051-OTHER STAFF AS MAY BE AUTHORIZED BY THE
1052-INTERSTATE COMMISSION.
1053-2. T
1054-HE INTERSTATE COMMISSION SHALL ELECT, FROM AMONG ITS
1055-MEMBERS
1056-, A CHAIRPERSON AND A VICE CHAIRPERSON OF THE EXECUTIVE
1057-PAGE 21-SENATE BILL 24-125 COMMITTEE AND OTHER NECESSARY OFFICERS , EACH OF WHOM SHALL HAVE
1058-SUCH AUTHORITY AND DUTIES AS MAY BE SPECIFIED IN THE BYLAWS
1059-.
1060-D. Q
1061-UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
1062-1. THE INTERSTATE COMMISSION'S STAFF DIRECTOR AND ITS
1063-EMPLOYEES SHALL BE IMMUNE FROM SUIT AND LIABILITY
1064-, EITHER
1065-PERSONALLY OR IN THEIR OFFICIAL CAPACITY
1066-, FOR A CLAIM FOR DAMAGE TO
1067-OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY
1068-CAUSED OR ARISING OUT OF OR RELATING TO AN ACTUAL OR ALLEGED ACT
1069-,
1070-ERROR, OR OMISSION THAT OCCURRED , OR THAT SUCH PERSON HAD A
1071-REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
1072-INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
1073-PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR
1074-LIABILITY FOR DAMAGE
1075-, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL
1076-ACT OR THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH
1077-PERSON
1078-.
1079-a. T
1080-HE LIABILITY OF THE INTERSTATE COMMISSION'S STAFF
1081-DIRECTOR AND EMPLOYEES OR
1082-INTERSTATE COMMISSION REPRESENTATIVES,
1083-ACTING WITHIN THE SCOPE OF SUCH PERSON 'S EMPLOYMENT OR DUTIES FOR
1084-ACTS
1085-, ERRORS, OR OMISSIONS OCCURRING WITHIN SUCH PERSON'S STATE MAY
1086-NOT EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE
1087-CONSTITUTION
1088-AND LAWS OF THAT STATE FOR STATE OFFICIALS
1089-, EMPLOYEES, AND AGENTS.
1090-T
1091-HE INTERSTATE COMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY
1092-OF THE STATES FOR THE PURPOSES OF ANY SUCH ACTION
1093-. NOTHING IN THIS
1094-SUBSECTION SHALL BE CONSTRUED TO PROTECT SUCH PERSON FROM SUIT OR
1095-LIABILITY FOR DAMAGE
1096-, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL
1097-ACT OR THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH
1098-PERSON
1099-.
1100-b. T
1101-HE INTERSTATE COMMISSION SHALL DEFEND THE STAFF
1102-DIRECTOR AND ITS EMPLOYEES AND
1103-, SUBJECT TO THE APPROVAL OF THE
1104-ATTORNEY GENERAL OR OTHER APPROPRIATE LEGAL COUNSEL OF THE
1105-MEMBER STATE
1106-, SHALL DEFEND THE COMMISSIONER OF A MEMBER STATE IN
1107-A CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF AN ACTUAL
1108-OR ALLEGED ACT
1109-, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE
1110-OF
1111-INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,
1112-OR THAT THE DEFENDANT HAD A REAS ONABLE BASIS FOR BELIEVING
1113-OCCURRED WITHIN THE SCOPE OF
1114-COMMISSION EMPLOYMENT , DUTIES, OR
1115-PAGE 22-SENATE BILL 24-125 RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR,
1116-OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON
1117-MISCONDUCT ON THE PART OF SUCH PERSON
1118-.
1119-c. T
1120-O THE EXTENT NOT COVERED BY THE STATE INVOLVED , MEMBER
1121-STATE
1122-, OR THE INTERSTATE COMMISSION, THE REPRESENTATIVES OR
1123-EMPLOYEES OF THE
1124-INTERSTATE COMMISSION SHALL BE HELD HARMLESS IN
1125-THE AMOUNT OF A SETTLEMENT OR JUDGEMENT
1126-, INCLUDING ATTORNEY'S
1127-FEES AND COSTS
1128-, OBTAINED AGAINST SUCH PERSONS ARISING OUT OF AN
1129-ACTUAL OR ALLEGED ACT
1130-, ERROR, OR OMISSION THAT OCCURRED WITHIN THE
1131-SCOPE OF
1132-INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR
1133-RESPONSIBILITIES
1134-, OR THAT THE DEFENDANT HAD A REASONABLE BASIS FOR
1135-BELIEVING OCCURRED WITHIN THE SCOPE OF
1136-INTERSTATE COMMISSION
1137-EMPLOYMENT
1138-, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL
1139-OR ALLEGED ACT
1140-, ERROR, OR OMISSION DID NOT RESULT FROM INTENTIONAL
1141-OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH PERSON
1142-.
1143-ARTICLE XI.
1144-RULEMAKING FUNCTIONS OF THE
1145-INTERSTATE COMMISSION
1146-A. T
1147-HE INTERSTATE COMMISSION SHALL PROMULGATE AND PUBLISH
1148-RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES
1149-OF THE COMPACT
1150-.
1151-B. R
1152-ULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET
1153-FORTH IN THIS
1154-ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT
1155-THERETO
1156-. SUCH RULEMAKING SHALL SUBSTANTIALLY CONFORM TO THE
1157-PRINCIPLES OF THE
1158-"MODEL STATE ADMINISTRATIVE PROCEDURES ACT",
1159-1981
1160- ACT, UNIFORM LAWS ANNOTATED, VOL. 15, P. 1 (2000), OR SUCH
1161-OTHER ADMINISTRATIVE PROCEDURE ACTS AS THE
1162-INTERSTATE COMMISSION
1163-DEEMS APPROPRIATE CONSISTENT WITH DUE PROCESS REQUIREMENTS UNDER
1164-THE
1165-UNITED STATES CONSTITUTION AS NOW OR HEREAFTER INTERPRETED
1166-BY THE
1167-U.S. SUPREME COURT. ALL RULES AND AMENDMENTS SHALL
1168-BECOME BINDING AS OF THE DATE SPECIFIED
1169-, AS PUBLISHED WITH THE FINAL
1170-VERSION OF THE RULE AS APPROVED BY THE
1171-INTERSTATE COMMISSION.
1172-C. W
1173-HEN PROMULGATING A RULE , THE INTERSTATE COMMISSION
1174-SHALL
1175-, AT A MINIMUM:
1176-1. P
1177-UBLISH THE PROPOSED RULE 'S ENTIRE TEXT STATING THE
1178-PAGE 23-SENATE BILL 24-125 REASON(S) FOR THAT PROPOSED RULE; AND
1179-2. ALLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN
1180-DATA
1181-, FACTS, OPINIONS, AND ARGUMENTS, WHICH INFORMATION SHALL BE
1182-ADDED TO THE RECORD
1183-, AND BE MADE PUBLICLY AVAILABLE ; AND
1184-3. PROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE , IF
1185-APPROPRIATE
1186-, BASED ON INPUT FROM STATE OR LOCAL OFFICIALS OR
1187-INTERESTED PARTIES
1188-.
1189-D. R
1190-ULES PROMULGATED BY THE INTERSTATE COMMISSION SHALL
1191-HAVE THE FORCE AND EFFECT OF ADMINISTRATIVE RULES AND SHALL BE
1192-BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER
1193-PROVIDED FOR IN THIS COMPACT
1194-.
1195-E. N
1196-OT LATER THAN 60 DAYS AFTER A RULE IS PROMULGATED , AN
1197-INTERESTED PERSON MAY FILE A PETITION IN THE
1198-U.S. DISTRICT COURT FOR
1199-THE
1200-DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT WHERE
1201-THE
1202-INTERSTATE COMMISSION'S PRINCIPAL OFFICE IS LOCATED FOR JUDICIAL
1203-REVIEW OF SUCH RULE
1204-. IF THE COURT FINDS THAT THE INTERSTATE
1205-COMMISSION'S ACTION IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE
1206-RULEMAKING RECORD
1207-, THE COURT SHALL HOLD THE RULE UNLAWFUL AND
1208-SET IT ASIDE
1209-.
1210-F. I
1211-F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
1212-REJECTS A RULE
1213-, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR
1214-RESOLUTION IN THE SAME MANNER USED TO ADOPT THE COMPACT
1215-, CAUSE
1216-THAT SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY
1217-MEMBER STATE
1218-.
1219-G. T
1220-HE EXISTING RULES GOVERNING THE OPERATION OF THE
1221-INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN SUPERSEDED BY
1222-THIS ACT SHALL BE NULL AND VOID NO LESS THAN
1223-12, BUT NO MORE THAN
1224-24, MONTHS AFTER THE FIRST MEETING OF THE INTERSTATE COMMISSION
1225-CREATED HEREUNDER
1226-, AS DETERMINED BY THE MEMBERS DURING THE FIRST
1227-MEETING
1228-.
1229-H. W
1230-ITHIN THE FIRST 12 MONTHS OF OPERATION, THE INTERSTATE
1231-COMMISSION SHALL PROMULGATE RULES ADDRESSING THE FOLLOWING :
1232-PAGE 24-SENATE BILL 24-125 1. TRANSITION RULES.
1233-2. F
1234-ORMS AND PROCEDURES.
1235-3. T
1236-IME LINES.
1237-4. D
1238-ATA COLLECTION AND REPORTING .
1239-5. R
1240-ULEMAKING.
1241-6. V
1242-ISITATION.
1243-7. P
1244-ROGRESS REPORTS/SUPERVISION.
1245-8. S
1246-HARING OF INFORMATION/CONFIDENTIALITY.
1247-9. F
1248-INANCING OF THE INTERSTATE COMMISSION.
1249-10. M
1250-EDIATION, ARBITRATION, AND DISPUTE RESOLUTION.
1251-11. E
1252-DUCATION, TRAINING, AND TECHNICAL ASSISTANCE.
1253-12. E
1254-NFORCEMENT.
1255-13. C
1256-OORDINATION WITH OTHER INTERSTATE COMPACTS .
1257-I. U
1258-PON DETERMINATION BY A MAJORITY OF THE MEMBERS OF THE
1259-INTERSTATE COMMISSION THAT AN EMERGENCY EXISTS :
1260-1. T
1261-HE INTERSTATE COMMISSION MAY PROMULGATE AN EMERGENCY
1262-RULE ONLY IF IT IS REQUIRED TO
1263-:
1264-a. P
1265-ROTECT THE CHILDREN COVERED BY THIS COMPACT FROM AN
1266-IMMINENT THREAT TO THEIR HEALTH
1267-, SAFETY, AND WELL-BEING; OR
1268-b. PREVENT LOSS OF FEDERAL OR STATE FUNDS ; OR
1269-c. MEET A DEADLINE FOR THE PROMULGATION OF AN
1270-ADMINISTRATIVE RULE REQUIRED BY FEDERAL LAW
1271-.
1272-PAGE 25-SENATE BILL 24-125 2. AN EMERGENCY RULE SHALL BECOME EFFECTIVE IMMEDIATELY
1273-UPON ADOPTION
1274-, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
1275-PROVIDED HEREUNDER SHALL BE RETROACTIVELY APPLIED TO SAID RULE AS
1276-SOON AS REASONABLY POSSIBLE
1277-, BUT NO LATER THAN 90 DAYS AFTER THE
1278-EFFECTIVE DATE OF THE EMERGENCY RULE
1279-.
1280-3. A
1281-N EMERGENCY RULE SHALL BE PROMULGATED AS PROVIDED FOR
1282-IN THE RULES OF THE
1283-INTERSTATE COMMISSION.
1284-ARTICLE XII.
1285-OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
1286-A. O
1287-VERSIGHT
1288-1. THE INTERSTATE COMMISSION SHALL OVERSEE THE
1289-ADMINISTRATION AND OPERATION OF THE COMPACT
1290-.
1291-2. T
1292-HE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE
1293-GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT AND
1294-THE RULES OF THE
1295-INTERSTATE COMMISSION AND SHALL TAKE ALL ACTIONS
1296-NECESSARY AND APPROPRIATE TO EFFECTUATE THE COMPACT
1297-'S PURPOSES
1298-AND INTENT
1299-. THE COMPACT AND ITS RULES SHALL BE BINDING IN THE
1300-COMPACTING STATES TO THE EXTENT AND IN THE MANNER PROVIDED FOR IN
1301-THIS COMPACT
1302-.
1303-3. A
1304-LL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND
1305-THE RULES IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER
1306-STATE PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT
1307-.
1308-4. T
1309-HE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE
1310-SERVICE OF PROCESS IN ANY ACTION IN WHICH THE VALIDITY OF A COMPACT
1311-PROVISION OR RULE IS THE ISSUE FOR WHICH A JUDICIAL DETERMINATION
1312-HAS BEEN SOUGHT AND SHALL HAVE STANDING TO INTERVENE IN ANY
1313-PROCEEDINGS
1314-. FAILURE TO PROVIDE SERVICE OF PROCESS TO THE
1315-INTERSTATE COMMISSION SHALL RENDER ANY JUDGMENT , ORDER, OR OTHER
1316-DETERMINATION
1317-, HOWEVER SO CAPTIONED OR CLASSIFIED , VOID AS TO THE
1318-INTERSTATE COMMISSION, THIS COMPACT, ITS BYLAWS, OR RULES OF THE
1319-INTERSTATE COMMISSION.
1320-B. D
1321-ISPUTE RESOLUTION
1322-PAGE 26-SENATE BILL 24-125 1. THE INTERSTATE COMMISSION SHALL ATTEMPT , UPON THE
1323-REQUEST OF A MEMBER STATE
1324-, TO RESOLVE DISPUTES WHICH ARE SUBJECT
1325-TO THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES AND
1326-BETWEEN MEMBER AND NON
1327--MEMBER STATES.
1328-2. T
1329-HE INTERSTATE COMMISSION SHALL PROMULGATE A RULE
1330-PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR
1331-DISPUTES AMONG COMPACTING STATES
1332-. THE COSTS OF SUCH MEDIATION OR
1333-DISPUTE RESOLUTION SHALL BE THE RESPONSIBILITY OF THE PARTIES TO THE
1334-DISPUTE
1335-.
1336-C. E
1337-NFORCEMENT
1338-1. IF THE INTERSTATE COMMISSION DETERMINES THAT A MEMBER
1339-STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR
1340-RESPONSIBILITIES UNDER THIS COMPACT
1341-, ITS BYLAWS, OR RULES, THE
1342-INTERSTATE COMMISSION MAY:
1343-a. P
1344-ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL
1345-ASSISTANCE
1346-; OR
1347-b. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER
1348-MEMBER STATES
1349-, OF THE NATURE OF THE DEFAULT AND THE MEANS OF
1350-CURING THE DEFAULT
1351-. THE INTERSTATE COMMISSION SHALL SPECIFY THE
1352-CONDITIONS BY WHICH THE DEFAULTING STATE MUST CURE ITS DEFAULT
1353-; OR
1354-c. BY MAJORITY VOTE OF THE MEMBERS , INITIATE AGAINST A
1355-DEFAULTING MEMBER STATE LEGAL ACTION IN THE
1356-UNITED STATES
1357-DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR, AT THE DISCRETION
1358-OF THE
1359-INTERSTATE COMMISSION, IN THE FEDERAL DISTRICT WHERE THE
1360-INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICE , TO ENFORCE
1361-COMPLIANCE WITH THE PROVISIONS OF THE COMPACT
1362-, ITS BYLAWS, OR
1363-RULES
1364-. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND
1365-DAMAGES
1366-. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE
1367-PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION
1368-INCLUDING REASONABLE ATTORNEY
1369-'S FEES; OR
1370-d. AVAIL ITSELF OF ANY OTHER REMEDIES AVAILABLE UNDER STATE
1371-LAW OR THE REGULATION OF OFFICIAL OR PROFESSIONAL CONDUCT
1372-.
1373-ARTICLE XIII.
1374-PAGE 27-SENATE BILL 24-125 FINANCING OF THE COMMISSION
1375-A. T
1376-HE INTERSTATE COMMISSION SHALL PAY, OR PROVIDE FOR THE
1377-PAYMENT OF
1378-, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,
1379-ORGANIZATION, AND ONGOING ACTIVITIES.
1380-B. T
1381-HE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN
1382-ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
1383-THE OPERATIONS AND ACTIVITIES OF THE
1384-INTERSTATE COMMISSION AND ITS
1385-STAFF WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER THE
1386-INTERSTATE COMMISSION'S ANNUAL BUDGET AS APPROVED BY ITS MEMBERS
1387-EACH YEAR
1388-. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE
1389-ALLOCATED BASED UPON A FORMULA TO BE DETERMINED BY THE
1390-INTERSTATE COMMISSION WHICH SHALL PROMULGATE A RULE BINDING UPON
1391-ALL MEMBER STATES
1392-.
1393-C. T
1394-HE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF
1395-ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME
1396-;
1397-NOR SHALL THE INTERSTATE COMMISSION PLEDGE THE CREDIT OF ANY OF
1398-THE MEMBER STATES
1399-, EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER
1400-STATE
1401-.
1402-D. T
1403-HE INTERSTATE COMMISSION SHALL KEEP ACCURATE ACCOUNTS
1404-OF ALL RECEIPTS AND DISBURSEMENTS
1405-. THE RECEIPTS AND DISBURSEMENTS
1406-OF THE
1407-INTERSTATE COMMISSION SHALL BE SUBJECT TO THE AUDIT AND
1408-ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS BYLAWS
1409-. HOWEVER,
1410-ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE INTERSTATE
1411-COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED
1412-PUBLIC ACCOUNTANT AND THE REPORT OF THE AUDIT SHALL BE INCLUDED
1413-IN AND BECOME PART OF THE ANNUAL REPORT OF THE
1414-INTERSTATE
1415-COMMISSION.
1416-ARTICLE XIV.
1417-MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
1418-A. A
1419-NY STATE IS ELIGIBLE TO BECOME A MEMBER STATE .
1420-B. T
1421-HE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON
1422-LEGISLATIVE ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN
1423-35
1424-STATES. THE EFFECTIVE DATE SHALL BE THE LATER OF JULY 1, 2007, OR
1425-UPON ENACTMENT OF THE COMPACT INTO LAW BY THE
1426-35TH STATE.
1427-PAGE 28-SENATE BILL 24-125 THEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER
1428-MEMBER STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT
1429-STATE
1430-. THE EXECUTIVE HEADS OF STATE HUMAN SERVICES ADMINISTRATION
1431-WITH ULTIMATE RESPONSIBILITY FOR THE CHILD WELFARE PROGRAM OF
1432-NON
1433--MEMBER STATES OR THEIR DESIGNEES SHALL BE INVITED TO
1434-PARTICIPATE IN THE ACTIVITIES OF THE
1435-INTERSTATE COMMISSION ON A
1436-NON
1437--VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES .
1438-C. T
1439-HE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO
1440-THE COMPACT FOR ENACTMENT BY THE MEMBER STATES
1441-. NO AMENDMENT
1442-SHALL BECOME EFFECTIVE AND BINDING ON THE MEMBER STATES UNLESS
1443-AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE
1444-MEMBER STATES
1445-.
1446-ARTICLE XV.
1447-WITHDRAWAL AND DISSOLUTION
1448-A. W
1449-ITHDRAWAL
1450-1. ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND
1451-REMAIN BINDING UPON EACH AND EVERY MEMBER STATE
1452-; PROVIDED THAT
1453-A MEMBER STATE MAY WITHDRAW FROM THE COMPACT SPECIFICALLY
1454-REPEALING THE STATUTE WHICH ENACTED THE COMPACT INTO LAW
1455-.
1456-2. W
1457-ITHDRAWAL FROM THIS COMPACT SHALL BE BY THE ENACTMENT
1458-OF A STATUTE REPEALING THE SAME
1459-. THE EFFECTIVE DATE OF THE
1460-WITHDRAWAL SHALL BE THE EFFECTIVE DATE OF THE REPEAL OF THE
1461-STATUTE
1462-.
1463-3. T
1464-HE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE
1465-PRESIDENT OF THE
1466-INTERSTATE COMMISSION IN WRITING UPON THE
1467-INTRODUCTION OF LEGISLATION REPEALING THIS COMPACT IN THE
1468-WITHDRAWING STATE
1469-. THE INTERSTATE COMMISSION SHALL THEN NOTIFY
1470-THE OTHER MEMBER STATES OF THE WITHDRAWING STATE
1471-'S INTENT TO
1472-WITHDRAW
1473-.
1474-4. T
1475-HE WITHDRAWING STATE IS RESPONSIBLE FOR ALL ASSESSMENTS ,
1476-OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF
1477-WITHDRAWAL
1478-.
1479-5. R
1480-EINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE
1481-PAGE 29-SENATE BILL 24-125 SHALL OCCUR UPON THE WITHDRAWING STATE REENACTING THE COMPACT
1482-OR UPON SUCH LATER DATE AS DETERMINED BY THE MEMBERS OF THE
1483-INTERSTATE COMMISSION.
1484-B. D
1485-ISSOLUTION OF COMPACT
1486-1. THIS COMPACT SHALL DISSOLVE EFFECTIVE UPON THE DATE OF THE
1487-WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES THE
1488-MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE
1489-.
1490-2. U
1491-PON THE DISSOLUTION OF THIS COMPACT , THE COMPACT
1492-BECOMES NULL AND VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT
1493-,
1494-AND THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION SHALL BE
1495-CONCLUDED AND SURPLUS FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE
1496-WITH THE BYLAWS
1497-.
1498-ARTICLE XVI.
1499-SEVERABILITY AND CONSTRUCTION
1500-A. T
1501-HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE , AND IF
1502-ANY PHRASE
1503-, CLAUSE, SENTENCE, OR PROVISION IS DEEMED
1504-UNENFORCEABLE
1505-, THE REMAINING PROVISIONS OF THE COMPACT SHALL BE
1506-ENFORCEABLE
1507-.
1508-B. T
1509-HE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY
1510-CONSTRUED TO EFFECTUATE ITS PURPOSES
1511-.
1512-C. N
1513-OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT
1514-THE CONCURRENT APPLICABILITY OF OTHER INTERSTATE COMPACTS TO
1515-WHICH THE STATES ARE MEMBERS
1516-.
1517-ARTICLE XVII.
1518-BINDING EFFECT OF COMPACT AND OTHER LAWS
1519-A. O
1520-THER LAWS
1521-1. NOTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER
1522-LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WITH THIS COMPACT
1523-.
1524-B. B
1525-INDING EFFECT OF THE COMPACT
1526-1. ALL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION,
1527-PAGE 30-SENATE BILL 24-125 INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE INTERSTATE
1528-COMMISSION, ARE BINDING UPON THE MEMBER STATES .
1529-2. A
1530-LL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND
1531-THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS
1532-.
1348+LL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND3
1349+THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS .4
15331350 3. I
1534-N THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE
1535-CONSTITUTIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER
1536-STATE
1537-, SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE
1538-CONFLICT WITH THE CONSTITUTIONAL PROVISIONS IN QUESTION IN THAT
1539-MEMBER STATE
1540-.
1541-ARTICLE XVIII.
1542-INDIAN TRIBES
1543-NOTWITHSTANDING ANY OTHER PROVISION IN THIS COMPACT , THE
1544-INTERSTATE COMMISSION MAY PROMULGATE GUIDELINES TO PERMIT INDIAN
1545-TRIBES TO UTILIZE THE COMPACT TO ACHIEVE ANY OR ALL OF THE PURPOSES
1546-OF THE COMPACT AS SPECIFIED IN
1547-ARTICLE 1. THE INTERSTATE COMMISSION
1548-SHALL MAKE REASONABLE EFFORTS TO CONSULT WITH
1549-INDIAN TRIBES IN
1550-PROMULGATING GUIDELINES TO REFLECT THE DIVERSE CIRCUMSTANCES OF
1551-THE VARIOUS
1552-INDIAN TRIBES.
1553-24-60-1803. Working group to review proposal for enactment
1554-of compact - membership - recommendations to Colorado's
1555-commissioner. (1) A
1556-FTER THIS PART 18 TAKES EFFECT PURSUANT TO
1557-SECTION
1558-24-60-1804, AND SUBJECT TO AVAILABLE APPROPRIATIONS , THE
1559-EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL
1560-CONVENE A WORKING GROUP TO REVIEW THE PROPOSAL FOR ENACTMENT OF
1561-THE REVISED INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
1562-, AND
1563-CONCLUDE ONE YEAR LATER UNLESS AMENDED
1564-.
1565-(2) T
1566-HE FOLLOWING APPOINTMENTS TO THE WORKING GROUP MUST
1567-BE MADE
1568-:
1569-(a) T
1570-HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
1571-APPOINT
1572-:
1573-(I) A
1574- MEMBER WHO REPRESENTS AN URBAN COUNTY DEPARTMENT
1575-OF HUMAN OR SOCIAL SERVICES
1576-; AND
1577-(II) A MEMBER WHO IS A COUNTY ATTORNEY WHO REPRESENTS AN
1578-PAGE 31-SENATE BILL 24-125 URBAN COUNTY;
1579-(b) T
1580-HE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
1581-SHALL APPOINT
1582-:
1583-(I) A
1584- MEMBER WHO REPRESENTS A RURAL COUNTY DEPARTMENT OF
1585-HUMAN OR SOCIAL SERVICES
1586-; AND
1587-(II) A MEMBER WHO IS A COUNTY ATTORNEY WHO REPRESENTS A
1588-RURAL COUNTY
1589-;
1590-(c) T
1591-HE PRESIDENT OF THE SENATE SHALL APPOINT A MEMBER WHO
1592-REPRESENTS A NONPROFIT ASSOCIATION THAT ADVOCATES FOR CIVIL
1593-LIBERTIES
1594-;
1595-(d) T
1596-HE GOVERNOR SHALL APPOINT :
1597-(I) A
1598- MEMBER WHO IS A CURRENT OR RETIRED JUVENILE JUDGE OR
1599-MAGISTRATE
1600-; AND
1601-(II) A MEMBER WHO HAS LIVED EXPERIENCE WITH PARTICIPATING IN
1602-AN INTERSTATE COMPACT PLACEMENT OR HOME STUDY
1603-; AND
1604-(e) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN
1605-SERVICES OR THE EXECUTIVE DIRECTOR
1606-'S DESIGNEE SHALL APPOINT:
1607-(I) A
1608- MEMBER WHO REPRESENTS A NONPROFIT ORGANIZATION THAT
1609-ADVOCATES FOR PARENTS WITH LIMITED INCOMES
1610-;
1611-(II) A
1612- MEMBER WHO REPRESENTS A NONPROFIT ASSOCIATION THAT
1613-ADVOCATES FOR RELATIVE AND KINSHIP PLACEMENTS
1614-; AND
1615-(III) A MEMBER WHO REPRESENTS THE COLORADO DEPARTMENT OF
1616-HUMAN SERVICES
1617-.
1618-(3) A
1619-DDITIONAL MEMBERS MUST INCLUDE :
1620-(a) T
1621-HE CHILD PROTECTION OMBUDSMAN , OR THE OMBUDSMAN 'S
1622-DESIGNEE
1623-;
1624-PAGE 32-SENATE BILL 24-125 (b) A REPRESENTATIVE FROM THE OFFICE OF THE RESPONDENT
1625-PARENTS
1626-' COUNSEL, CREATED IN SECTION 13-92-103; AND
1627-(c) A REPRESENTATIVE FROM THE OFFICE OF THE CHILD 'S
1628-REPRESENTATIVE
1629-, CREATED IN SECTION 13-91-104.
1630-(4) T
1631-HE WORKING GROUP SHALL REVIEW AND MAKE
1632-RECOMMENDATIONS
1633-, ACCORDING TO A TIME FRAME DETERMINED BY THE
1634-WORKING GROUP
1635-, TO COLORADO'S COMMISSIONER TO THE COMPACT ON THE
1636-FOLLOWING ISSUES
1637-:
1638-(a) E
1639-VALUATING THE CURRENT COMPACT PROCESS FOR CHILDREN
1640-AND FAMILIES
1641-;
1642-(b) D
1643-ETERMINING THE STATUS OF COLORADO'S IMPLEMENTATION OF
1644-THE NATIONAL ELECTRONIC INTERSTATE COMPACT ENTERPRISE
1645-REQUIREMENTS AND WHAT EFFECT THE IMPLEMENTATION OF THESE
1646-REQUIREMENTS MAY HAVE ON
1647-COLORADO;
1648-(c) I
1649-MPROVING THE USE OF CROSS-BORDER AGREEMENTS ;
1650-(d) I
1651-DENTIFYING ANY BARRIERS TO PLACING CHILDREN IN
1652-RESIDENTIAL TREATMENT FACILITIES OUT OF STATE AND OPTIONS FOR
1653-ADDRESSING BARRIERS WITHIN EXISTING LAW
1654-;
1655-(e) I
1656-DENTIFYING AND PRIORITIZING ANY ALTERNATIVE EFFORTS
1657-BEING MADE TO ADDRESS INTERSTATE PLACEMENT ISSUES AT THE NATIONAL
1658-LEVEL
1659-; AND
1660-(f) IDENTIFYING LANGUAGE AND PROCESSES TO IMPROVE
1661-INTERSTATE PLACEMENTS
1662-.
1663-24-60-1804. Notice to revisor of statutes. T
1664-HIS PART 18 WILL TAKE
1665-EFFECT ON THE DATE THE COMPACT IS ENACTED INTO LAW IN THE
1666-THIRTY
1667--FIFTH COMPACT STATE . THE EXECUTIVE DIRECTOR OF THE
1668-COLORADO DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE REVISOR
1669-OF STATUTES IN WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN
1670-THIS SECTION HAS OCCURRED BY E
1671--MAILING THE NOTICE TO
1672-REVISOROFSTATUTES
1673-.GA@COLEG.GOV. THIS PART 18 TAKES EFFECT UPON
1674-THE DATE IDENTIFIED IN THE NOTICE THAT THE THIRTY
1675--FIFTH STATE
1676-PAGE 33-SENATE BILL 24-125 ADOPTED THE COMPACT OR , IF THE NOTICE DOES NOT SPECIFY THAT DATE,
1677-UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .
1678-SECTION 3. Act subject to petition - effective date. This act
1679-takes effect at 12:01 a.m. on the day following the expiration of the
1680-ninety-day period after final adjournment of the general assembly; except
1681-that, if a referendum petition is filed pursuant to section 1 (3) of article V
1682-of the state constitution against this act or an item, section, or part of this act
1683-within such period, then the act, item, section, or part will not take effect
1684-unless approved by the people at the general election to be held in
1685-PAGE 34-SENATE BILL 24-125 November 2024 and, in such case, will take effect on the date of the official
1686-declaration of the vote thereon by the governor.
1687-____________________________ ____________________________
1688-Steve Fenberg Julie McCluskie
1689-PRESIDENT OF SPEAKER OF THE HOUSE
1690-THE SENATE OF REPRESENTATIVES
1691-____________________________ ____________________________
1692-Cindi L. Markwell Robin Jones
1693-SECRETARY OF CHIEF CLERK OF THE HOUSE
1694-THE SENATE OF REPRESENTATIVES
1695- APPROVED________________________________________
1696- (Date and Time)
1697- _________________________________________
1698- Jared S. Polis
1699- GOVERNOR OF THE STATE OF COLORADO
1700-PAGE 35-SENATE BILL 24-125
1351+N THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE5
1352+CONSTITUTIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER6
1353+STATE, SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE7
1354+CONFLICT WITH THE CONSTITUTIONAL PROVISIONS IN QUESTION IN THAT8
1355+MEMBER STATE.9
1356+ARTICLE XVIII.10
1357+INDIAN TRIBES11
1358+NOTWITHSTANDING ANY OTHER PROVISION IN THIS COMPACT , THE12
1359+I
1360+NTERSTATE COMMISSION MAY PROMULGATE GUIDELINES TO PERMIT13
1361+I
1362+NDIAN TRIBES TO UTILIZE THE COMPACT TO ACHIEVE ANY OR ALL OF THE14
1363+PURPOSES OF THE COMPACT AS SPECIFIED IN ARTICLE 1. THE INTERSTATE15
1364+C
1365+OMMISSION SHALL MAKE REASONABLE EFFORTS TO CONSULT WITH16
1366+I
1367+NDIAN TRIBES IN PROMULGATING GUIDELINES TO REFLECT THE DIVERSE17
1368+CIRCUMSTANCES OF THE VARIOUS INDIAN TRIBES.18
1369+24-60-1803. Working group to review proposal for enactment19
1370+of compact - membership - recommendations to Colorado's20
1371+commissioner. (1) AFTER THIS PART 18 TAKES EFFECT PURSUANT TO 21
1372+SECTION 24-60-1804, AND SUBJECT TO AVAILABLE APPROPRIATIONS, THE22
1373+EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL23
1374+CONVENE A WORKING GROUP TO REVIEW THE PROPOSAL FOR ENACTMENT24
1375+OF THE REVISED INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN ,25
1376+AND CONCLUDE ONE YEAR LATER UNLESS AMENDED .26
1377+(2) THE FOLLOWING APPOINTMENTS TO THE WORKING GROUP MUST27
1378+125
1379+-38- BE MADE:1
1380+(a) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL2
1381+APPOINT:3
1382+(I) A MEMBER WHO REPRESENTS AN URBAN COUNTY DEPARTMENT4
1383+OF HUMAN OR SOCIAL SERVICES; AND5
1384+(II) A MEMBER WHO IS A COUNTY ATTORNEY WHO REPRESENTS AN6
1385+URBAN COUNTY;7
1386+(b) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES8
1387+SHALL APPOINT:9
1388+(I) A MEMBER WHO REPRESENTS A RURAL COUNTY DEPARTMENT10
1389+OF HUMAN OR SOCIAL SERVICES; AND11
1390+(II) A MEMBER WHO IS A COUNTY ATTORNEY WHO REPRESENTS A12
1391+RURAL COUNTY;13
1392+(c) THE PRESIDENT OF THE SENATE SHALL APPOINT A MEMBER WHO14
1393+REPRESENTS A NONPROFIT ASSOCIATION THAT ADVOCATES FOR CIVIL15
1394+LIBERTIES;16
1395+(d) THE GOVERNOR SHALL APPOINT :17
1396+(I) A MEMBER WHO IS A CURRENT OR RETIRED JUVENILE JUDGE OR18
1397+MAGISTRATE; AND19
1398+(II) A MEMBER WHO HAS LIVED EXPERIENCE WITH PARTICIPATING20
1399+IN AN INTERSTATE COMPACT PLACEMENT OR HOME STUDY ; AND21
1400+(e) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN22
1401+SERVICES OR THE EXECUTIVE DIRECTOR 'S DESIGNEE SHALL APPOINT:23
1402+(I) A MEMBER WHO REPRESENTS A NONPROFIT ORGANIZATION24
1403+THAT ADVOCATES FOR PARENTS WITH LIMITED INCOMES ;25
1404+(II) A MEMBER WHO REPRESENTS A NONPROFIT ASSOCIATION THAT26
1405+ADVOCATES FOR RELATIVE AND KINSHIP PLACEMENTS ; AND27
1406+125
1407+-39- (III) A MEMBER WHO REPRESENTS THE COLORADO DEPARTMENT1
1408+OF HUMAN SERVICES.2
1409+(3) ADDITIONAL MEMBERS MUST INCLUDE :3
1410+(a) THE CHILD PROTECTION OMBUDSMAN , OR THE OMBUDSMAN'S4
1411+DESIGNEE;5
1412+(b) A REPRESENTATIVE FROM THE OFFICE OF THE RESPONDENT6
1413+PARENTS' COUNSEL, CREATED IN SECTION 13-92-103; AND7
1414+(c) A REPRESENTATIVE FROM THE OFFICE OF THE CHILD'S8
1415+REPRESENTATIVE, CREATED IN SECTION 13-91-104.9
1416+(4) THE WORKING GROUP SHALL REVIEW AND MAKE10
1417+RECOMMENDATIONS , ACCORDING TO A TIME FRAME DETERMINED BY THE11
1418+WORKING GROUP, TO COLORADO'S COMMISSIONER TO THE COMPACT ON12
1419+THE FOLLOWING ISSUES:13
1420+(a) EVALUATING THE CURRENT COMPACT PROCESS FOR CHILDREN14
1421+AND FAMILIES;15
1422+(b) DETERMINING THE STATUS OF COLORADO'S IMPLEMENTATION16
1423+OF THE NATIONAL ELECTRONIC INTERSTATE COMPACT ENTERPRISE17
1424+REQUIREMENTS AND WHAT EFFECT THE IMPLEMENTATION OF THESE18
1425+REQUIREMENTS MAY HAVE ON COLORADO;19
1426+(c) IMPROVING THE USE OF CROSS-BORDER AGREEMENTS ;20
1427+(d) IDENTIFYING ANY BARRIERS TO PLACING CHILDREN IN21
1428+RESIDENTIAL TREATMENT FACILITIES OUT OF STATE AND OPTIONS FOR22
1429+ADDRESSING BARRIERS WITHIN EXISTING LAW ;23
1430+(e) IDENTIFYING AND PRIORITIZING ANY ALTERNATIVE EFFORTS24
1431+BEING MADE TO ADDRESS INTERSTATE PLACEMENT ISSUES AT THE25
1432+NATIONAL LEVEL; AND26
1433+(f) IDENTIFYING LANGUAGE AND PROCESSES TO IMPROVE27
1434+125
1435+-40- INTERSTATE PLACEMENTS.1
1436+24-60-1804. Notice to revisor of statutes. THIS PART 18 WILL2
1437+TAKE EFFECT ON THE DATE THE COMPACT IS ENACTED INTO LAW IN THE3
1438+THIRTY-FIFTH COMPACT STATE. THE EXECUTIVE DIRECTOR OF THE4
1439+COLORADO DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE REVISOR5
1440+OF STATUTES IN WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN6
1441+THIS SECTION HAS OCCURRED BY E -MAILING THE NOTICE TO7
1442+REVISOROFSTATUTES.GA@COLEG.GOV. THIS PART 18 TAKES EFFECT UPON8
1443+THE DATE IDENTIFIED IN THE NOTICE THAT THE THIRTY-FIFTH STATE9
1444+ADOPTED THE COMPACT OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE,10
1445+UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .11
1446+SECTION 3. Act subject to petition - effective date. This act12
1447+takes effect at 12:01 a.m. on the day following the expiration of the13
1448+ninety-day period after final adjournment of the general assembly; except14
1449+that, if a referendum petition is filed pursuant to section 1 (3) of article V15
1450+of the state constitution against this act or an item, section, or part of this16
1451+act within such period, then the act, item, section, or part will not take17
1452+effect unless approved by the people at the general election to be held in18
1453+November 2024 and, in such case, will take effect on the date of the19
1454+official declaration of the vote thereon by the governor.20
1455+125
1456+-41-