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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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. |
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| 1342 | + | LL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION,27 |
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| 1343 | + | 125 |
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| 1344 | + | -37- INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE INTERSTATE1 |
---|
| 1345 | + | C |
---|
| 1346 | + | OMMISSION, ARE BINDING UPON THE MEMBER STATES .2 |
---|
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 |
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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 |
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851 | | - | SHALL NOT BE ENTITLED TO VOTE ON ANY MATTER BEFORE THE |
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852 | | - | INTERSTATE |
---|
853 | | - | COMMISSION. |
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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 |
---|
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- |
---|