SENATE BILL 24-125
BY SENATOR(S) Pelton B. and Michaelson Jenet, Baisley, Bridges,
Buckner, Cutter, Danielson, Ginal, Jaquez Lewis, Kolker, Marchman,
Pelton R., Priola, Winter F.;
also REPRESENTATIVE(S) Evans and Boesenecker, Duran, Kipp.
C
ONCERNING THE ENACTMENT OF THE "INTERSTATE COMPACT FOR THE
PLACEMENT OF CHILDREN".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Child abuse and neglect is a crisis that affects the safety and
welfare of vulnerable children on a global, national, state, and county level;
(b) Finding the appropriate temporary or permanent placement for
vulnerable children is key to helping families successfully navigate the child
welfare system;
(c) Although local placements are sought to mitigate disruption for
these vulnerable children, there are times when a placement in another state
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. is the best and most stable option;
(d) The interstate compact for the placement of children was created
to allow assessment of placements in other states and to ensure services
would be provided after placement;
(e) However, the existing interstate compact for the placement of
children, established in 1960 and adopted by Colorado in 1975, is now
applied inconsistently among the member states, creating delays and
inconsistencies in placements;
(f) The revised interstate compact for the placement of children will
remove barriers and allow for the timely placement of children in safe and
appropriate homes. Additionally, member states will have the opportunity
to participate in a rule-making process that will provide consistency in the
implementation and application of the regulations.
(g) The revised interstate compact for the placement of children also
provides additional clarifying language acknowledging that if a portion of
the statutory language is found unconstitutional by a member state's highest
court, that portion is severable from the compact for that state; and
(h) The first thirty-five states to pass the revised interstate compact
will be included in the drafting process for the regulations.
(2) Therefore, the general assembly determines that:
(a) By adopting the revised language for the interstate compact for
the placement of children, Colorado is ensured a voice at the table and can
be a leader in bringing other states on board and drafting the new
regulations that consider and reflect all Colorado stakeholder viewpoints;
and
(b) Colorado representation at the interstate commission will ensure
child, family, and parent voices are represented.
SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, part 18 of article 60 of title 24 as follows:
PART 18
PAGE 2-SENATE BILL 24-125 INTERSTATE COMPACT ON PLACEMENT
OF CHILDREN
24-60-1801. Short title. T
HE SHORT TITLE OF THIS PART 18 IS THE
"INTERSTATE COMPACT ON PLACEMENT OF CHILDREN".
24-60-1802. Execution of compact. T
HE GOVERNOR IS AUTHORIZED
TO EXECUTE A COMPACT ON BEHALF OF THIS STATE WITH ANY OTHER STATE
OR STATES LEGALLY JOINING THEREIN IN THE FORM SUBSTANTIALLY AS
FOLLOWS
:
ARTICLE I.
PURPOSE
T
HE PURPOSE OF THIS INTERSTATE COMPACT FOR THE PLACEMENT OF
CHILDREN IS TO
:
A. P
ROVIDE A PROCESS THROUGH WHICH CHILDREN SUBJECT TO THIS
COMPACT ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY MANNER
.
B. F
ACILITATE ONGOING SUPERVISION OF A PLACEMENT , THE
DELIVERY OF SERVICES
, AND COMMUNICATION BETWEEN THE STATES .
C. P
ROVIDE OPERATING PROCEDURES THAT WILL ENSURE THAT
CHILDREN ARE PLACED IN SAFE AND SUITABLE HOMES IN A TIMELY MANNER
.
D. P
ROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF
ADMINISTRATIVE RULES IMPLEMENTING THE PROVISIONS OF THIS COMPACT
AND REGULATING THE COVERED ACTIVITIES OF THE MEMBER STATES
.
E. P
ROVIDE FOR THE UNIFORM DATA COLLECTION AND INFORMATION
SHARING BETWEEN MEMBER STATES UNDER THIS COMPACT
.
F. P
ROMOTE COORDINATION BETWEEN THIS COMPACT , THE
INTERSTATE COMPACT FOR JUVENILES, THE INTERSTATE COMPACT ON
ADOPTION AND MEDICAL ASSISTANCE, AND OTHER COMPACTS AFFECTING
THE PLACEMENT OF AND WHICH PROVIDE SERVICES TO CHILDREN OTHERWISE
SUBJECT TO THIS COMPACT
.
G. P
ROVIDE FOR A STATE'S CONTINUING LEGAL JURISDICTION AND
RESPONSIBILITY FOR PLACEMENT AND CARE OF A CHILD THAT IT WOULD
HAVE HAD IF THE PLACEMENT WERE INTRASTATE
.
PAGE 3-SENATE BILL 24-125 H. PROVIDE FOR THE PROMULGATION OF GUIDELINES , IN
COLLABORATION WITH
INDIAN TRIBES, FOR INTERSTATE CASES INVOLVING
INDIAN CHILDREN AS IS OR MAY BE PERMITTED BY FEDERAL LAW .
ARTICLE II.
DEFINITIONS
A
S USED IN THIS COMPACT:
A. "A
PPROVED PLACEMENT" MEANS THE PUBLIC CHILD PLACING
AGENCY IN THE RECEIVING STATE HAS DETERMINED THAT THE PLACEMENT
IS BOTH SAFE AND SUITABLE FOR THE CHILD
.
B. "A
SSESSMENT" MEANS AN EVALUATION OF A PROSPECTIVE
PLACEMENT BY A PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
TO DETERMINE IF THE PLACEMENT MEETS THE INDIVIDUALIZED NEEDS OF THE
CHILD
, INCLUDING, BUT NOT LIMITED TO , THE CHILD'S SAFETY AND
STABILITY
, HEALTH AND WELL -BEING, AND MENTAL, EMOTIONAL, AND
PHYSICAL DEVELOPMENT
. AN ASSESSMENT IS ONLY APPLICABLE TO A
PLACEMENT BY A PUBLIC CHILD PLACING AGENCY
.
C. "C
ERTIFICATION" MEANS TO ATTEST, DECLARE, OR SWEAR TO
BEFORE A JUDGE
, MAGISTRATE, OR NOTARY PUBLIC.
D. "C
HILD" MEANS AN INDIVIDUAL WHO HAS NOT ATTAINED THE AGE
OF EIGHTEEN
(18).
E. "D
EFAULT" MEANS THE FAILURE OF A MEMBER STATE TO PERFORM
THE OBLIGATIONS OR RESPONSIBILITIES IMPOSED UPON IT BY THIS COMPACT
,
THE BYLAWS, OR RULES OF THE INTERSTATE COMMISSION.
F. "H
OME STUDY" MEANS AN EVALUATION OF A HOME ENVIRONMENT
CONDUCTED IN ACCORDANCE WITH THE APPLICABLE REQUIREMENTS OF THE
STATE IN WHICH THE HOME IS LOCATED
, AND DOCUMENTS THE PREPARATION
AND THE SUITABILITY OF THE PLACEMENT RESOURCE FOR PLACEMENT OF A
CHILD IN ACCORDANCE WITH THE LAWS AND REQUIREMENTS OF THE STATE
IN WHICH THE HOME IS LOCATED
.
G. "I
NDIAN TRIBE" MEANS ANY INDIAN TRIBE, BAND, NATION, OR
OTHER ORGANIZED GROUP OR COMMUNITY OF
INDIANS RECOGNIZED AS
ELIGIBLE FOR SERVICES PROVIDED TO
INDIANS BY THE SECRETARY OF THE
INTERIOR BECAUSE OF THEIR STATUS AS INDIANS, INCLUDING ANY ALASKAN
PAGE 4-SENATE BILL 24-125 NATIVE VILLAGE AS DEFINED IN SECTION (3)(c) OF THE ALASKA NATIVE
CLAIMS SETTLEMENT ACT AT 43 U.S.C. SEC. 1602(c).
H. "I
NTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN"
MEANS THE COMMISSION THAT IS CREATED UNDER ARTICLE VIII OF THIS
COMPACT AND WHICH IS GENERALLY REFERRED TO AS THE
INTERSTATE
COMMISSION.
I. "J
URISDICTION" MEANS THE POWER AND AUTHORITY OF A COURT
TO HEAR AND DECIDE MATTERS
.
J. "L
EGAL RISK PLACEMENT" ("LEGAL RISK ADOPTION") MEANS A
PLACEMENT MADE PRELIMINARY TO AN ADOPTION WHERE THE PROSPECTIVE
ADOPTIVE PARENTS ACKNOWLEDGE IN WRITING THAT A CHILD CAN BE
ORDERED RETURNED TO THE SENDING STATE OR THE BIRTH MOTHER
'S STATE
OF RESIDENCE
, IF DIFFERENT FROM THE SENDING STATE, AND A FINAL DECREE
OF ADOPTION SHALL NOT BE ENTERED IN ANY JURISDICTION UNTIL ALL
REQUIRED CONSENTS ARE OBTAINED OR ARE DISPENSED WITH IN
ACCORDANCE WITH APPLICABLE LAW
.
K. "M
EMBER STATE" MEANS A STATE THAT HAS ENACTED THIS
COMPACT
.
L. "N
ON-CUSTODIAL PARENT" MEANS A PERSON WHO, AT THE TIME
OF THE COMMENCEMENT OF COURT PROCEEDINGS IN THE SENDING STATE
,
DOES NOT HAVE SOLE LEGAL CUSTODY OF THE CHILD OR HAS JOINT LEGAL
CUSTODY OF A CHILD
, AND WHO IS NOT THE SUBJECT OF ALLEGATIONS OR
FINDINGS OF CHILD ABUSE OR NEGLECT
.
M. "N
ON-MEMBER STATE" MEANS A STATE WHICH HAS NOT ENACTED
THIS COMPACT
.
N. "N
OTICE OF RESIDENTIAL PLACEMENT " MEANS INFORMATION
REGARDING A PLACEMENT INTO A RESIDENTIAL FACILITY PROVIDED TO THE
RECEIVING STATE INCLUDING
, BUT NOT LIMITED TO, THE NAME, DATE, AND
PLACE OF BIRTH OF THE CHILD
, THE IDENTITY AND ADDRESS OF THE PARENT
OR LEGAL GUARDIAN
, EVIDENCE OF AUTHORITY TO MAKE THE PLACEMENT ,
AND THE NAME AND ADDRESS OF THE FACILITY IN WHICH THE CHILD WILL BE
PLACED
. NOTICE OF RESIDENTIAL PLACEMENT SHALL ALSO INCLUDE
INFORMATION REGARDING A DISCHARGE AND ANY UNAUTHORIZED ABSENCE
PAGE 5-SENATE BILL 24-125 FROM THE FACILITY.
O. "P
LACEMENT" MEANS THE ACT BY A PUBLIC OR PRIVATE CHILD
PLACING AGENCY INTENDED TO ARRANGE FOR THE CARE OR CUSTODY OF A
CHILD IN ANOTHER STATE
.
P. "P
RIVATE CHILD PLACING AGENCY " MEANS ANY PRIVATE
CORPORATION
, AGENCY, FOUNDATION, INSTITUTION, OR CHARITABLE
ORGANIZATION
, OR ANY PRIVATE PERSON OR ATTORNEY THAT FACILITATES ,
CAUSES, OR IS INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO
ANOTHER AND THAT IS NOT AN INSTRUMENTALITY OF THE STATE OR ACTING
UNDER COLOR OF STATE LAW
.
Q. "P
ROVISIONAL PLACEMENT" MEANS A DETERMINATION MADE BY
THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE THAT THE
PROPOSED PLACEMENT IS SAFE AND SUITABLE
, AND, TO THE EXTENT
ALLOWABLE
, THE RECEIVING STATE HAS TEMPORARILY WAIVED ITS
STANDARDS OR REQUIREMENTS OTHERWISE APPLICABLE TO PROSPECTIVE
FOSTER OR ADOPTIVE PARENTS SO AS TO NOT DELAY THE PLACEMENT
.
C
OMPLETION OF THE RECEIVING STATE REQUIREMENTS REGARDING
TRAINING FOR PROSPECTIVE FOSTER OR ADOPTIVE PARENTS SHALL NOT
DELAY AN OTHERWISE SAFE AND SUITABLE PLACEMENT
.
R. "P
UBLIC CHILD PLACING AGENCY " MEANS ANY GOVERNMENT
CHILD WELFARE AGENCY OR CHILD PROTECTION AGENCY OR A PRIVATE
ENTITY UNDER CONTRACT WITH SUCH AN AGENCY
, REGARDLESS OF
WHETHER IT ACTS ON BEHALF OF A STATE
, COUNTY, MUNICIPALITY, OR
OTHER GOVERNMENTAL UNIT AND WHICH FACILITATES
, CAUSES, OR IS
INVOLVED IN THE PLACEMENT OF A CHILD FROM ONE STATE TO ANOTHER
.
S. "R
ECEIVING STATE" MEANS THE STATE TO WHICH A CHILD IS SENT,
BROUGHT, OR CAUSED TO BE SENT OR BROUGHT.
T. "R
ELATIVE" MEANS SOMEONE WHO IS RELATED TO THE CHILD AS
A PARENT
, STEP-PARENT, SIBLING BY HALF OR WHOLE BLOOD OR BY
ADOPTION
, GRANDPARENT, AUNT, UNCLE, FIRST COUSIN, OR A NON-RELATIVE
WITH SUCH SIGNIFICANT TIES TO THE CHILD THAT THEY MAY BE REGARDED
AS RELATIVE
(S) AS DETERMINED BY THE COURT IN THE SENDING STATE .
U. "R
ESIDENTIAL FACILITY" MEANS A FACILITY PROVIDING A LEVEL
PAGE 6-SENATE BILL 24-125 OF CARE THAT IS SUFFICIENT TO SUBSTITUTE FOR PARENTAL RESPONSIBILITY
OR FOSTER CARE
, AND IS BEYOND WHAT IS NEEDED FOR ASSESSMENT OR
TREATMENT OF AN ACUTE CONDITION
. FOR PURPOSES OF THE COMPACT ,
RESIDENTIAL FACILITIES DO NOT INCLUDE INSTITUTIONS PRIMARILY
EDUCATIONAL IN CHARACTER
, HOSPITALS, OR OTHER MEDICAL FACILITIES.
V. "R
ULE" MEANS A WRITTEN DIRECTIVE, MANDATE, STANDARD, OR
PRINCIPLE ISSUED BY THE
INTERSTATE COMMISSION PROMULGATED
PURSUANT TO
ARTICLE XI OF THIS COMPACT THAT IS OF GENERAL
APPLICABILITY AND THAT IMPLEMENTS
, INTERPRETS, OR PRESCRIBES A
POLICY OR PROVISION OF THE COMPACT
. "RULE" HAS THE FORCE AND EFFECT
OF AN ADMINISTRATIVE RULE IN A MEMBER STATE
, AND INCLUDES THE
AMENDMENT
, REPEAL, OR SUSPENSION OF AN EXISTING RULE.
W. "S
ENDING STATE" MEANS THE STATE FROM WHICH THE
PLACEMENT OF A CHILD IS INITIATED
.
X. "S
ERVICE MEMBER'S PERMANENT DUTY STATION " MEANS THE
MILITARY INSTALLATION WHERE AN ACTIVE DUTY
ARMED SERVICES
MEMBER IS CURRENTLY ASSIGNED AND IS PHYSICALLY LOCATED UNDER
COMPETENT ORDERS THAT DO NOT SPECIFY THE DUTY AS TEMPORARY
.
Y. "S
ERVICE MEMBER'S STATE OF LEGAL RESIDENCE" MEANS THE
STATE IN WHICH THE ACTIVE DUTY
ARMED SERVICES MEMBER IS
CONSIDERED A RESIDENT FOR TAX AND VOTING PURPOSES
.
Z. "S
TATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT
OF
COLUMBIA, THE COMMONWEALTH OF PUERTO RICO, THE U.S. VIRGIN
ISLANDS, GUAM, AMERICAN SAMOA, THE NORTHERN MARIANA ISLANDS,
AND ANY OTHER TERRITORY OF THE UNITED STATES.
AA. "S
TATE COURT" MEANS A JUDICIAL BODY OF A STATE THAT IS
VESTED BY LAW WITH RESPONSIBILITY FOR ADJUDICATING CASES INVOLVING
ABUSE
, NEGLECT, DEPRIVATION, DELINQUENCY, OR STATUS OFFENSES OF
INDIVIDUALS WHO HAVE NOT ATTAINED THE AGE OF EIGHTEEN
(18).
BB. "S
UPERVISION" MEANS MONITORING PROVIDED BY THE
RECEIVING STATE ONCE A CHILD HAS BEEN PLACED IN A RECEIVING STATE
PURSUANT TO THIS COMPACT
.
ARTICLE III.
PAGE 7-SENATE BILL 24-125 APPLICABILITY
A. E
XCEPT AS OTHERWISE PROVIDED IN ARTICLE III, SECTION B, THIS
COMPACT SHALL APPLY TO
:
1. T
HE INTERSTATE PLACEMENT OF A CHILD SUBJECT TO ONGOING
COURT JURISDICTION IN THE SENDING STATE
, DUE TO ALLEGATIONS OR
FINDINGS THAT THE CHILD HAS BEEN ABUSED
, NEGLECTED, OR DEPRIVED AS
DEFINED BY THE LAWS OF THE SENDING STATE
, PROVIDED, HOWEVER, THAT
THE PLACEMENT OF SUCH A CHILD INTO A RESIDENTIAL FACILITY SHALL
ONLY REQUIRE NOTICE OF RESIDENTIAL PLACEMENT TO THE RECEIVING
STATE PRIOR TO PLACEMENT
.
2. T
HE INTERSTATE PLACEMENT OF A CHILD ADJUDICATED
DELINQUENT OR UNMANAGEABLE BASED ON THE LAWS OF THE SENDING
STATE AND SUBJECT TO ONGOING COURT JURISDICTION OF THE SENDING
STATE IF
:
a. T
HE CHILD IS BEING PLACED IN A RESIDENTIAL FACILITY IN
ANOTHER MEMBER STATE AND IS NOT COVERED UNDER ANOTHER COMPACT
;
OR
b. THE CHILD IS BEING PLACED IN ANOTHER MEMBER STATE AND THE
DETERMINATION OF SAFETY AND SUITABILITY OF THE PLACEMENT AND
SERVICES REQUIRED IS NOT PROVIDED THROUGH ANOTHER COMPACT
.
3. T
HE INTERSTATE PLACEMENT OF ANY CHILD BY A PUBLIC CHILD
PLACING AGENCY OR PRIVATE CHILD PLACING AGENCY AS DEFINED IN THIS
COMPACT AS A PRELIMINARY STEP TO A POSSIBLE ADOPTION
.
B. T
HE PROVISIONS OF THIS COMPACT SHALL NOT APPLY TO :
1. T
HE INTERSTATE PLACEMENT OF A CHILD IN A CUSTODY
PROCEEDING IN WHICH A PUBLIC CHILD PLACING AGENCY IS NOT A PARTY
,
PROVIDED THE PLACEMENT IS NOT INTENDED TO EFFECTUATE AN ADOPTION .
2. T
HE INTERSTATE PLACEMENT OF A CHILD WITH A NON -RELATIVE
IN A RECEIVING STATE BY A PARENT WITH THE LEGAL AUTHORITY TO MAKE
SUCH A PLACEMENT PROVIDED
, HOWEVER, THAT THE PLACEMENT IS NOT
INTENDED TO EFFECTUATE AN ADOPTION
.
PAGE 8-SENATE BILL 24-125 3. THE INTERSTATE PLACEMENT OF A CHILD BY ONE RELATIVE WITH
THE LAWFUL AUTHORITY TO MAKE SUCH A PLACEMENT DIRECTLY WITH A
RELATIVE IN A RECEIVING STATE
.
4. T
HE PLACEMENT OF A CHILD NOT SUBJECT TO ARTICLE III,
S
ECTION A INTO A RESIDENTIAL FACILITY BY THE CHILD'S PARENT.
5. T
HE PLACEMENT OF A CHILD WITH A NON -CUSTODIAL PARENT,
PROVIDED THAT:
a. T
HE NON-CUSTODIAL PARENT PROVES TO THE SATISFACTION OF A
COURT IN THE SENDING STATE A SUBSTANTIAL RELATIONSHIP WITH THE
CHILD
; AND
b. THE COURT IN THE SENDING STATE MAKES A WRITTEN FINDING
THAT PLACEMENT WITH THE NON
-CUSTODIAL PARENT IS IN THE BEST
INTERESTS OF THE CHILD
; AND
c. THE COURT IN THE SENDING STATE DISMISSES ITS JURISDICTION IN
INTERSTATE PLACEMENTS IN WHICH THE PUBLIC CHILD PLACING AGENCY IS
A PARTY TO THE PROCEEDING
.
6. A
CHILD ENTERING THE UNITED STATES FROM A FOREIGN
COUNTRY FOR THE PURPOSE OF ADOPTION OR LEAVING THE
UNITED STATES
TO GO TO A FOREIGN COUNTRY FOR THE PURPOSE OF ADOPTION IN THAT
COUNTRY
.
7. C
ASES IN WHICH A UNITED STATES CITIZEN CHILD LIVING
OVERSEAS WITH THE CHILD
'S FAMILY, AT LEAST ONE OF WHOM IS IN THE
UNITED STATES ARMED SERVICES, AND WHO IS STATIONED OVERSEAS , IS
REMOVED AND PLACED IN A STATE
.
8. T
HE SENDING OF A CHILD BY A PUBLIC CHILD PLACING AGENCY OR
A PRIVATE CHILD PLACING AGENCY FOR A VISIT AS DEFINED BY THE RULES
OF THE
INTERSTATE COMMISSION.
C. F
OR PURPOSES OF DETERMINING THE APPLICABILITY OF THIS
COMPACT TO THE PLACEMENT OF A CHILD WITH A FAMILY IN THE
ARMED
SERVICES, THE PUBLIC CHILD PLACING AGENCY OR PRIVATE CHILD PLACING
AGENCY MAY CHOOSE THE STATE OF THE SERVICE MEMBER
'S PERMANENT
PAGE 9-SENATE BILL 24-125 DUTY STATION OR THE SERVICE MEMBER 'S DECLARED LEGAL RESIDENCE.
D. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT
THE CONCURRENT APPLICATION OF THE PROVISIONS OF THIS COMPACT WITH
OTHER APPLICABLE INTERSTATE COMPACTS
, INCLUDING THE INTERSTATE
COMPACT FOR JUVENILES AND THE INTERSTATE COMPACT ON ADOPTION
AND
MEDICAL ASSISTANCE. THE INTERSTATE COMMISSION MAY IN
COOPERATION WITH OTHER INTERSTATE COMPACT COMMISSIONS HAVING
RESPONSIBILITY FOR THE INTERSTATE MOVEMENT
, PLACEMENT, OR
TRANSFER OF CHILDREN
, PROMULGATE LIKE RULES TO ENSURE THE
COORDINATION OF SERVICES
, TIMELY PLACEMENT OF CHILDREN , AND THE
REDUCTION OF UNNECESSARY OR DUPLICATIVE ADMINISTRATIVE OR
PROCEDURAL REQUIREMENTS
.
ARTICLE IV.
JURISDICTION
A. E
XCEPT AS PROVIDED IN ARTICLE IV, SECTION H, AND ARTICLE
V, SECTION B, PARAGRAPHS TWO AND THREE CONCERNING PRIVATE AND
INDEPENDENT ADOPTIONS
, AND IN INTERSTATE PLACEMENTS IN WHICH THE
PUBLIC CHILD PLACING AGENCY IS NOT A PARTY TO A CUSTODY PROCEEDING
,
THE SENDING STATE SHALL RETAIN JURISDICTION OVER A CHILD WITH
RESPECT TO ALL MATTERS OF CUSTODY AND DISPOSITION OF THE CHILD
WHICH IT WOULD HAVE HAD IF THE CHILD HAD REMAINED IN THE SENDING
STATE
. SUCH JURISDICTION SHALL ALSO INCLUDE THE POWER TO ORDER THE
RETURN OF THE CHILD TO THE SENDING STATE
.
B. W
HEN AN ISSUE OF CHILD PROTECTION OR CUSTODY IS BROUGHT
BEFORE A COURT IN THE RECEIVING STATE
, SUCH COURT SHALL CONFER WITH
THE COURT OF THE SENDING STATE TO DETERMINE THE MOST APPROPRIATE
FORUM FOR ADJUDICATION
.
C. I
N CASES THAT ARE BEFORE COURTS AND SUBJECT TO THIS
COMPACT
, THE TAKING OF TESTIMONY FOR HEARINGS BEFORE ANY JUDICIAL
OFFICER MAY OCCUR IN PERSON OR BY TELEPHONE
, AUDIO-VIDEO
CONFERENCE
, OR SUCH OTHER MEANS AS APPROVED BY THE RULES OF THE
INTERSTATE COMMISSION; AND JUDICIAL OFFICERS MAY COMMUNICATE
WITH OTHER JUDICIAL OFFICERS AND PERSONS INVOLVED IN THE INTERSTATE
PROCESS AS MAY BE PERMITTED BY THEIR
CANONS OF JUDICIAL CONDUCT
AND ANY RULES PROMULGATED BY THE
INTERSTATE COMMISSION.
PAGE 10-SENATE BILL 24-125 D. IN ACCORDANCE WITH ITS OWN LAWS , THE COURT IN THE SENDING
STATE SHALL HAVE AUTHORITY TO TERMINATE ITS JURISDICTION IF
:
1. T
HE CHILD IS REUNIFIED WITH THE PARENT IN THE RECEIVING
STATE WHO IS THE SUBJECT OF ALLEGATIONS OR FINDINGS OF ABUSE OR
NEGLECT
, ONLY WITH THE CONCURRENCE OF THE PUBLIC CHILD PLACING
AGENCY IN THE RECEIVING STATE
; OR
2. THE CHILD IS ADOPTED; OR
3. THE CHILD REACHES THE AGE OF MAJORITY UNDER THE LAWS OF
THE SENDING STATE
; OR
4. THE CHILD ACHIEVES LEGAL INDEPENDENCE PURSUANT TO THE
LAWS OF THE SENDING STATE
; OR
5. A GUARDIANSHIP IS CREATED BY A COURT IN THE RECEIVING
STATE WITH THE CONCURRENCE OF THE COURT IN THE SENDING STATE
; OR
6. AN INDIAN TRIBE HAS PETITIONED FOR AND RECEIVED
JURISDICTION FROM THE COURT IN THE SENDING STATE
; OR
7. THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE
REQUESTS TERMINATION AND HAS OBTAINED THE CONCURRENCE OF THE
PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
.
E. W
HEN A SENDING STATE COURT TERMINATES ITS JURISDICTION ,
THE RECEIVING STATE CHILD PLACING AGENCY SHALL BE NOTIFIED .
F. N
OTHING IN THIS ARTICLE SHALL DEFEAT A CLAIM OF
JURISDICTION BY A RECEIVING STATE COURT SUFFICIENT TO DEAL WITH AN
ACT OF TRUANCY
, DELINQUENCY, CRIME, OR BEHAVIOR INVOLVING A CHILD
AS DEFINED BY THE LAWS OF THE RECEIVING STATE COMMITTED BY THE
CHILD IN THE RECEIVING STATE WHICH WOULD BE A VIOLATION OF ITS LAWS
.
G. N
OTHING IN THIS ARTICLE SHALL LIMIT THE RECEIVING STATE'S
ABILITY TO TAKE EMERGENCY JURISDICTION FOR THE PROTECTION OF THE
CHILD
.
H. T
HE SUBSTANTIVE LAWS OF THE STATE IN WHICH AN ADOPTION
PAGE 11-SENATE BILL 24-125 WILL BE FINALIZED SHALL SOLELY GOVERN ALL ISSUES RELATING TO THE
ADOPTION OF THE CHILD
, AND THE COURT IN WHICH THE ADOPTION
PROCEEDING IS FILED SHALL HAVE SUBJECT MATTER JURISDICTION
REGARDING ALL SUBSTANTIVE ISSUES RELATING TO THE ADOPTION
, EXCEPT:
1. W
HEN THE CHILD IS A WARD OF ANOTHER COURT THAT
ESTABLISHED JURISDICTION OVER THE CHILD PRIOR TO THE PLACEMENT
; OR
2. WHEN THE CHILD IS IN THE LEGAL CUSTODY OF A PUBLIC AGENCY
IN THE SENDING STATE
; OR
3. WHEN A COURT IN THE SENDING STATE HAS OTHERWISE
APPROPRIATELY ASSUMED JURISDICTION OVER THE CHILD
, PRIOR TO THE
SUBMISSION OF THE REQUEST FOR APPROVAL OF PLACEMENT
.
I. A
FINAL DECREE OF ADOPTION SHALL NOT BE ENTERED IN ANY
JURISDICTION UNTIL THE PLACEMENT IS AUTHORIZED AS AN
"APPROVED
PLACEMENT
" BY THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING
STATE
.
ARTICLE V.
PLACEMENT EVALUATION
A. P
RIOR TO SENDING, BRINGING, OR CAUSING A CHILD TO BE SENT
OR BROUGHT INTO A RECEIVING STATE
, THE PUBLIC CHILD PLACING AGENCY
SHALL PROVIDE A WRITTEN REQUEST FOR ASSESSMENT TO THE RECEIVING
STATE
.
B. F
OR PLACEMENTS BY A PRIVATE CHILD PLACING AGENCY , A CHILD
MAY BE SENT OR BROUGHT
, OR CAUSED TO BE SENT OR BROUGHT , INTO A
RECEIVING STATE
, UPON RECEIPT AND IMMEDIATE REVIEW OF THE REQUIRED
CONTENT IN A REQUEST FOR APPROVAL OF A PLACEMENT IN BOTH THE
SENDING AND RECEIVING STATE PUBLIC CHILD PLACING AGENCY
. THE
REQUIRED CONTENT TO ACCOMPANY A REQUEST FOR APPROVAL SHALL
INCLUDE ALL OF THE FOLLOWING
:
1. A
REQUEST FOR APPROVAL IDENTIFYING THE CHILD , BIRTH
PARENT
(S), THE PROSPECTIVE ADOPTIVE PARENT(S), AND THE SUPERVISING
AGENCY
, SIGNED BY THE PERSON REQUESTING APPROVAL ; AND
2. THE APPROPRIATE CONSENTS OR RELINQUISHMENTS SIGNED BY
PAGE 12-SENATE BILL 24-125 THE BIRTH-PARENT(S) IN ACCORDANCE WITH THE LAWS OF THE SENDING
STATE
, OR WHERE PERMITTED , THE LAWS OF THE STATE WHERE THE
ADOPTION WILL BE FINALIZED
; AND
3. CERTIFICATION BY A LICENSED ATTORNEY OR AUTHORIZED AGENT
OF A PRIVATE ADOPTION AGENCY THAT THE CONSENT OR RELINQUISHMENT
IS IN COMPLIANCE WITH THE APPLICABLE LAWS OF THE SENDING STATE
, OR,
WHERE PERMITTED, THE LAWS OF THE STATE WHERE FINALIZATION OF THE
ADOPTION WILL OCCUR
; AND
4. A HOME STUDY; AND
5. AN ACKNOWLEDGMENT OF LEGAL RISK SIGNED BY THE
PROSPECTIVE ADOPTIVE PARENT
(S).
C. T
HE SENDING STATE AND THE RECEIVING STATE MAY REQUEST
ADDITIONAL INFORMATION OR DOCUMENTS PRIOR TO FINALIZATION OF AN
APPROVED PLACEMENT
, BUT THEY MAY NOT DELAY TRAVEL BY THE
PROSPECTIVE ADOPTIVE PARENT
(S) WITH THE CHILD IF THE REQUIRED
CONTENT FOR APPROVAL HAS BEEN SUBMITTED
, RECEIVED, AND REVIEWED
BY THE PUBLIC CHILD PLACING AGENCY IN BOTH THE SENDING STATE AND
THE RECEIVING STATE
.
D. A
PPROVAL FROM THE PUBLIC CHILD PLACING AGENCY IN THE
RECEIVING STATE FOR PROVISIONAL OR APPROVED PLACEMENT IS REQUIRED
AS PROVIDED FOR IN THE RULES OF THE
INTERSTATE COMMISSION.
E. T
HE PROCEDURES FOR MAKING AND THE REQUEST FOR AN
ASSESSMENT SHALL CONTAIN ALL INFORMATION AND BE IN SUCH FORM AS
PROVIDED FOR IN THE RULES OF THE
INTERSTATE COMMISSION.
F. U
PON RECEIPT OF A REQUEST FROM THE PUBLIC CHILD PLACING
AGENCY OF THE SENDING STATE
, THE RECEIVING STATE SHALL INITIATE AN
ASSESSMENT OF THE PROPOSED PLACEMENT TO DETERMINE ITS SAFETY AND
SUITABILITY
. IF THE PROPOSED PLACEMENT IS A PLACEMENT WITH A
RELATIVE
, THE PUBLIC CHILD PLACING AGENCY OF THE SENDING STATE MAY
REQUEST A DETERMINATION FOR A PROVISIONAL PLACEMENT
.
G. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
MAY REQUEST FROM THE PUBLIC CHILD PLACING AGENCY OR THE PRIVATE
PAGE 13-SENATE BILL 24-125 CHILD PLACING AGENCY IN THE SENDING STATE, AND SHALL BE ENTITLED TO
RECEIVE
, SUPPORTING OR ADDITIONAL INFORMATION NECESSARY TO
COMPLETE THE ASSESSMENT OR APPROVE THE PLACEMENT
.
H. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
SHALL APPROVE A PROVISIONAL PLACEMENT AND COMPLETE OR ARRANGE
FOR THE COMPLETION OF THE ASSESSMENT WITHIN THE TIME FRAMES
ESTABLISHED BY THE RULES OF THE
INTERSTATE COMMISSION.
I. F
OR A PLACEMENT BY A PRIVATE CHILD PLACING AGENCY , THE
SENDING STATE SHALL NOT IMPOSE ANY ADDITIONAL REQUIREMENTS TO
COMPLETE THE HOME STUDY THAT ARE NOT REQUIRED BY THE RECEIVING
STATE
, UNLESS THE ADOPTION IS FINALIZED IN THE SENDING STATE .
J. T
HE INTERSTATE COMMISSION MAY DEVELOP UNIFORM
STANDARDS FOR THE ASSESSMENT OF THE SAFETY AND SUITABILITY OF
INTERSTATE PLACEMENTS
.
ARTICLE VI.
PLACEMENT AUTHORITY
A. E
XCEPT AS OTHERWISE PROVIDED IN THIS COMPACT , NO CHILD
SUBJECT TO THIS COMPACT SHALL BE PLACED INTO A RECEIVING STATE UNTIL
APPROVAL FOR SUCH PLACEMENT IS OBTAINED
.
B. I
F THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
DOES NOT APPROVE THE PROPOSED PLACEMENT
, THEN THE CHILD SHALL NOT
BE PLACED
. THE RECEIVING STATE SHALL PROVIDE WRITTEN
DOCUMENTATION OF ANY SUCH DETERMINATION IN ACCORDANCE WITH THE
RULES PROMULGATED BY THE
INTERSTATE COMMISSION. SUCH
DETERMINATION IS NOT SUBJECT TO JUDICIAL REVIEW IN THE SENDING
STATE
.
C. I
F THE PROPOSED PLACEMENT IS NOT APPROVED , ANY INTERESTED
PARTY SHALL HAVE STANDING TO SEEK AN ADMINISTRATIVE REVIEW OF THE
RECEIVING STATE
'S DETERMINATION.
1. T
HE ADMINISTRATIVE REVIEW AND ANY FURTHER JUDICIAL
REVIEW ASSOCIATED WITH THE DETERMINATION SHALL BE CONDUCTED IN
THE RECEIVING STATE PURSUANT TO ITS APPLICABLE
ADMINISTRATIVE
PROCEDURES ACT.
PAGE 14-SENATE BILL 24-125 2. IF A DETERMINATION NOT TO APPROVE THE PLACEMENT OF THE
CHILD IN THE RECEIVING STATE IS OVERTURNED UPON REVIEW
, THE
PLACEMENT SHALL BE DEEMED APPROVED
, PROVIDED, HOWEVER, THAT ALL
ADMINISTRATIVE OR JUDICIAL REMEDIES HAVE BEEN EXHAUSTED OR THE
TIME FOR SUCH REMEDIES HAS PASSED
.
ARTICLE VII.
PLACING AGENCY RESPONSIBILITY
A. F
OR THE INTERSTATE PLACEMENT OF A CHILD MADE BY A PUBLIC
CHILD PLACING AGENCY OR STATE COURT
:
1. T
HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE SHALL
HAVE FINANCIAL RESPONSIBILITY FOR
:
a. T
HE ONGOING SUPPORT AND MAINTENANCE FOR THE CHILD
DURING THE PERIOD OF THE PLACEMENT
, UNLESS OTHERWISE PROVIDED FOR
IN THE RECEIVING STATE
; AND
b. AS DETERMINED BY THE PUBLIC CHILD PLACING AGENCY IN THE
SENDING STATE
, SERVICES FOR THE CHILD BEYOND THE PUBLIC SERVICES FOR
WHICH THE CHILD IS ELIGIBLE IN THE RECEIVING STATE
.
2. T
HE RECEIVING STATE SHALL ONLY HAVE FINANCIAL
RESPONSIBILITY FOR
:
a. A
NY ASSESSMENT CONDUCTED BY THE RECEIVING STATE ; AND
b. SUPERVISION CONDUCTED BY THE RECEIVING STATE AT THE LEVEL
NECESSARY TO SUPPORT THE PLACEMENT AS AGREED UPON BY THE PUBLIC
CHILD PLACING AGENCIES OF THE RECEIVING AND SENDING STATES
.
3. N
OTHING IN THIS PROVISION SHALL PROHIBIT PUBLIC CHILD
PLACING AGENCIES IN THE SENDING STATE FROM ENTERING INTO
AGREEMENTS WITH LICENSED AGENCIES OR PERSONS IN THE RECEIVING
STATE TO CONDUCT ASSESSMENTS AND PROVIDE SUPERVISION
.
B. F
OR THE PLACEMENT OF A CHILD BY A PRIVATE CHILD PLACING
AGENCY PRELIMINARY TO A POSSIBLE ADOPTION
, THE PRIVATE CHILD
PLACING AGENCY SHALL BE
:
PAGE 15-SENATE BILL 24-125 1. LEGALLY RESPONSIBLE FOR THE CHILD DURING THE PERIOD OF
PLACEMENT AS PROVIDED FOR IN THE LAW OF THE SENDING STATE UNTIL THE
FINALIZATION OF THE ADOPTION
.
2. F
INANCIALLY RESPONSIBLE FOR THE CHILD ABSENT A
CONTRACTUAL AGREEMENT TO THE CONTRARY
.
C. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
SHALL PROVIDE TIMELY ASSESSMENTS
, AS PROVIDED FOR IN THE RULES OF
THE
INTERSTATE COMMISSION.
D. T
HE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
SHALL PROVIDE
, OR ARRANGE FOR THE PROVISION OF , SUPERVISION AND
SERVICES FOR THE CHILD
, INCLUDING TIMELY REPORTS, DURING THE PERIOD
OF THE PLACEMENT
.
E. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED AS TO LIMIT THE
AUTHORITY OF THE PUBLIC CHILD PLACING AGENCY IN THE RECEIVING STATE
FROM CONTRACTING WITH A LICENSED AGENCY OR PERSON IN THE RECEIVING
STATE FOR AN ASSESSMENT OR THE PROVISION OF SUPERVISION OR SERVICES
FOR THE CHILD OR OTHERWISE AUTHORIZING THE PROVISION OF SUPERVISION
OR SERVICES BY A LICENSED AGENCY DURING THE PERIOD OF PLACEMENT
.
F. E
ACH MEMBER STATE SHALL PROVIDE FOR COORDINATION AMONG
ITS BRANCHES OF GOVERNMENT CONCERNING THE STATE
'S PARTICIPATION
IN
, AND COMPLIANCE WITH, THE COMPACT AND INTERSTATE COMMISSION
ACTIVITIES
, THROUGH THE CREATION OF AN ADVISORY COUNCIL OR USE OF
AN EXISTING BODY OR BOARD
.
G. E
ACH MEMBER STATE SHALL ESTABLISH A CENTRAL STATE
COMPACT OFFICE
, WHICH SHALL BE RESPONSIBLE FOR STATE COMPLIANCE
WITH THE COMPACT AND THE RULES OF THE
INTERSTATE COMMISSION.
H. T
HE PUBLIC CHILD PLACING AGENCY IN THE SENDING STATE
SHALL OVERSEE COMPLIANCE WITH THE PROVISIONS OF THE
INDIAN CHILD
WELFARE ACT (25 U.S.C. 1901 ET SEQ.) FOR PLACEMENTS SUBJECT TO THE
PROVISIONS OF THIS COMPACT
, PRIOR TO PLACEMENT.
I. W
ITH THE CONSENT OF THE INTERSTATE COMMISSION, STATES
MAY ENTER INTO LIMITED AGREEMENTS THAT FACILITATE THE TIMELY
PAGE 16-SENATE BILL 24-125 ASSESSMENT AND PROVISION OF SERVICES AND SUPERVISION OF PLACEMENTS
UNDER THIS COMPACT
.
ARTICLE VIII.
INTERSTATE COMMISSION FOR THE PLACEMENT
OF CHILDREN
T
HE MEMBER STATES HEREBY ESTABLISH , BY WAY OF THIS COMPACT , A
COMMISSION KNOWN AS THE
"INTERSTATE COMMISSION FOR THE
PLACEMENT OF CHILDREN". THE ACTIVITIES OF THE INTERSTATE
COMMISSION ARE THE FORMATION OF PUBLIC POLICY AND ARE A
DISCRETIONARY STATE FUNCTION
. THE INTERSTATE COMMISSION SHALL:
A. B
E A JOINT COMMISSION OF THE MEMBER STATES AND SHALL
HAVE THE RESPONSIBILITIES
, POWERS, AND DUTIES SET FORTH HEREIN, AND
SUCH ADDITIONAL POWERS AS MAY BE CONFERRED UPON IT BY SUBSEQUENT
CONCURRENT ACTION OF THE RESPECTIVE LEGISLATURES OF THE MEMBER
STATES
.
B. C
ONSIST OF ONE COMMISSIONER FROM EACH MEMBER STATE WHO
SHALL BE APPOINTED BY THE EXECUTIVE HEAD OF THE STATE HUMAN
SERVICES ADMINISTRATION WITH ULTIMATE RESPONSIBILITY FOR THE CHILD
WELFARE PROGRAM
. THE APPOINTED COMMISSIONER SHALL HAVE THE
LEGAL AUTHORITY TO VOTE ON POLICY
-RELATED MATTERS GOVERNED BY
THIS COMPACT BINDING THE STATE
.
1. E
ACH MEMBER STATE REPRESENTED AT A MEETING OF THE
INTERSTATE COMMISSION IS ENTITLED TO ONE VOTE.
2. A
MAJORITY OF THE MEMBER STATES SHALL CONSTITUTE A
QUORUM FOR THE TRANSACTION OF BUSINESS
, UNLESS A LARGER QUORUM
IS REQUIRED BY THE BYLAWS OF THE
INTERSTATE COMMISSION.
3. A
REPRESENTATIVE SHALL NOT DELEGATE A VOTE TO ANOTHER
MEMBER STATE
.
4. A
REPRESENTATIVE MAY DELEGATE VOTING AUTHORITY TO
ANOTHER PERSON FROM THEIR STATE FOR A SPECIFIED MEETING
.
C. I
N ADDITION TO THE COMMISSIONERS OF EACH MEMBER STATE ,
THE INTERSTATE COMMISSION SHALL INCLUDE PERSONS WHO ARE MEMBERS
OF INTERESTED ORGANIZATIONS AS DEFINED IN THE BYLAWS OR RULES OF
PAGE 17-SENATE BILL 24-125 THE INTERSTATE COMMISSION. SUCH MEMBERS SHALL BE EX OFFICIO AND
SHALL NOT BE ENTITLED TO VOTE ON ANY MATTER BEFORE THE
INTERSTATE
COMMISSION.
D. E
STABLISH AN EXECUTIVE COMMITTEE WHICH SHALL HAVE THE
AUTHORITY TO ADMINISTER THE DAY
-TO-DAY OPERATIONS AND
ADMINISTRATION OF THE
INTERSTATE COMMISSION. IT SHALL NOT HAVE THE
POWER TO ENGAGE IN RULEMAKING
.
ARTICLE IX.
POWERS AND DUTIES OF THE
INTERSTATE COMMISSION
T
HE INTERSTATE COMMISSION SHALL HAVE THE FOLLOWING POWERS :
A. T
O PROMULGATE RULES AND TAKE ALL NECESSARY ACTIONS TO
EFFECT THE GOALS
, PURPOSES, AND OBLIGATIONS AS ENUMERATED IN THIS
COMPACT
.
B. T
O PROVIDE FOR DISPUTE RESOLUTION AMONG MEMBER STATES .
C. T
O ISSUE, UPON REQUEST OF A MEMBER STATE , ADVISORY
OPINIONS CONCERNING THE MEANING OR INTERPRETATION OF THE
INTERSTATE COMPACT
, ITS BYLAWS, RULES, OR ACTIONS.
D. T
O ENFORCE COMPLIANCE WITH THIS COMPACT OR THE BYLAWS
OR RULES OF THE
INTERSTATE COMMISSION PURSUANT TO ARTICLE XII.
E. T
O COLLECT STANDARDIZED DATA CONCERNING THE INTERSTATE
PLACEMENT OF CHILDREN SUBJECT TO THIS COMPACT AS DIRECTED THROUGH
ITS RULES
, WHICH SHALL SPECIFY THE DATA TO BE COLLECTED , THE MEANS
OF COLLECTION
, AND DATA EXCHANGE AND REPORTING REQUIREMENTS .
F. T
O ESTABLISH AND MAINTAIN OFFICES AS MAY BE NECESSARY FOR
THE TRANSACTING OF ITS BUSINESS
.
G. T
O PURCHASE AND MAINTAIN INSURANCE AND BONDS .
H. T
O HIRE OR CONTRACT FOR SERVICES OF PERSONNEL OR
CONSULTANTS AS NECESSARY TO CARRY OUT ITS FUNCTIONS UNDER THE
COMPACT AND ESTABLISH PERSONNEL QUALIFICATION POLICIES AND RATES
OF COMPENSATION
.
PAGE 18-SENATE BILL 24-125 I. TO ESTABLISH AND APPOIN T COMMITTEES AND OFFICERS
INCLUDING
, BUT NOT LIMITED TO, AN EXECUTIVE COMMITTEE AS REQUIRED
BY
ARTICLE X.
J. T
O ACCEPT ANY AND ALL DONATIONS AND GRANTS OF MONEY ,
EQUIPMENT, SUPPLIES, MATERIALS, AND SERVICES, AND TO RECEIVE, UTILIZE,
AND DISPOSE THEREOF.
K. T
O LEASE, PURCHASE, ACCEPT CONTRIBUTIONS OR DONATIONS OF ,
OR OTHERWISE TO OWN , HOLD, IMPROVE, OR USE ANY PROPERTY, REAL,
PERSONAL, OR MIXED.
L. T
O SELL, CONVEY, MORTGAGE, PLEDGE, LEASE, EXCHANGE,
ABANDON, OR OTHERWISE DISPOSE OF ANY PROPERTY, REAL, PERSONAL, OR
MIXED
.
M. T
O ESTABLISH A BUDGET AND MAKE EXPENDITURES .
N. T
O ADOPT A SEAL AND BYLAWS GOVERNING THE MANAGEMENT
AND OPERATION OF THE
INTERSTATE COMMISSION.
O. T
O REPORT ANNUALLY TO THE LEGISLATURES , GOVERNORS, THE
JUDICIARY
, AND STATE ADVISORY COUNCILS OF THE MEMBER STATES
CONCERNING THE ACTIVITIES OF THE
INTERSTATE COMMISSION DURING THE
PRECEDING YEAR
. SUCH REPORTS SHALL ALSO INCLUDE ANY
RECOMMENDATIONS THAT MAY HAVE BEEN ADOPTED BY THE
INTERSTATE
COMMISSION.
P. T
O COORDINATE AND PROVIDE EDUCATION , TRAINING, AND PUBLIC
AWARENESS REGARDING THE INTERSTATE MOVEMENT OF CHILDREN FOR
OFFICIALS INVOLVED IN SUCH ACTIVITY
.
Q. T
O MAINTAIN BOOKS AND RECORDS IN ACCORDANCE WITH THE
BYLAWS OF THE
INTERSTATE COMMISSION.
R. T
O PERFORM SUCH FUNCTIONS AS MAY BE NECESSARY OR
APPROPRIATE TO ACHIEVE THE PURPOSES OF THIS COMPACT
.
ARTICLE X.
ORGANIZATION AND OPERATION OF THE
INTERSTATE COMMISSION
PAGE 19-SENATE BILL 24-125 A. BYLAWS
1. WITHIN 12 MONTHS AFTER THE FIRST INTERSTATE COMMISSION
MEETING
, THE INTERSTATE COMMISSION SHALL ADOPT BYLAWS TO GOVERN
ITS CONDUCT AS MAY BE NECESSARY OR APPROPRIATE TO CARRY OUT THE
PURPOSES OF THE COMPACT
.
2. T
HE INTERSTATE COMMISSION'S BYLAWS AND RULES SHALL
ESTABLISH CONDITIONS AND PROCEDURES UNDER WHICH THE
INTERSTATE
COMMISSION SHALL MAKE ITS INFORMATION AND OFFICIAL RECORDS
AVAILABLE TO THE PUBLIC FOR INSPECTION OR COPYING
. THE INTERSTATE
COMMISSION MAY EXEMPT FROM DISCLOSURE INFORMATION OR OFFICIAL
RECORDS TO THE EXTENT THEY WOULD ADVERSELY AFFECT PERSONAL
PRIVACY RIGHTS OR PROPRIETARY INTERESTS
.
B. M
EETINGS
1. THE INTERSTATE COMMISSION SHALL MEET AT LEAST ONCE EACH
CALENDAR YEAR
. THE CHAIRPERSON MAY CALL ADDITIONAL MEETINGS AND
UPON THE REQUEST OF A SIMPLE MAJORITY OF THE MEMBER STATES SHALL
CALL ADDITIONAL MEETINGS
.
2. P
UBLIC NOTICE SHALL BE GIVEN BY THE INTERSTATE COMMISSION
OF ALL MEETINGS AND ALL MEETINGS SHALL BE OPEN TO THE PUBLIC
,
EXCEPT AS SET FORTH IN THE RULES OR AS OTHERWISE PROVIDED IN THE
COMPACT
. THE INTERSTATE COMMISSION AND ITS COMMITTEES MAY CLOSE
A MEETING
, OR PORTION THEREOF, WHERE IT DETERMINES BY TWO-THIRDS
VOTE THAT AN OPEN MEETING WOULD BE LIKELY TO
:
a. R
ELATE SOLELY TO THE INTERSTATE COMMISSION'S INTERNAL
PERSONNEL PRACTICES AND PROCEDURES
; OR
b. DISCLOSE MATTERS SPECIFICALLY EXEMPTED FROM DISCLOSURE
BY FEDERAL LAW
; OR
c. DISCLOSE FINANCIAL OR COMMERCIAL INFORMATION WHICH IS
PRIVILEGED
, PROPRIETARY, OR CONFIDENTIAL IN NATURE; OR
d. INVOLVE ACCUSING A PERSON OF A CRIME , OR FORMALLY
CENSURING A PERSON
; OR
PAGE 20-SENATE BILL 24-125 e. DISCLOSE INFORMATION OF A PERSONAL NATURE WHERE
DISCLOSURE WOULD CONSTITUTE A CLEARLY UNWARRANTED INVASION OF
PERSONAL PRIVACY OR PHYSICALLY ENDANGER ONE OR MORE PERSONS
; OR
f. DISCLOSE INVESTIGATIVE RECORDS COMPILED FOR LAW
ENFORCEMENT PURPOSES
; OR
g. SPECIFICALLY RELATE TO THE INTERSTATE COMMISSION'S
PARTICIPATION IN A CIVIL ACTION OR OTHER LEGAL PROCEEDING
.
3. F
OR A MEETING, OR A PORTION OF A MEETING, CLOSED PURSUANT
TO THIS PROVISION
, THE INTERSTATE COMMISSION'S LEGAL COUNSEL OR
DESIGNEE SHALL CERTIFY THAT THE MEETING MAY BE CLOSED AND SHALL
REFERENCE EACH RELEVANT EXEMPTION PROVISION
. THE INTERSTATE
COMMISSION SHALL KEEP MINUTES WHICH SHALL FULLY AND CLEARLY
DESCRIBE ALL MATTERS DISCUSSED IN A MEETING AND SHALL PROVIDE A
FULL AND ACCURATE SUMMARY OF ACTIONS TAKEN
, AND THE REASONS
THEREFORE
, INCLUDING A DESCRIPTION OF THE VIEWS EXPRESSED AND THE
RECORD OF A ROLL CALL VOTE
. ALL DOCUMENTS CONSIDERED IN
CONNECTION WITH AN ACTION SHALL BE IDENTIFIED IN SUCH MINUTES
. ALL
MINUTES AND DOCUMENTS OF A CLOSED MEETING SHALL REMAIN UNDER
SEAL
, SUBJECT TO RELEASE BY A MAJORITY VOTE OF THE INTERSTATE
COMMISSION OR BY COURT ORDER .
4. T
HE BYLAWS MAY PROVIDE FOR MEETINGS OF THE INTERSTATE
COMMISSION TO BE CONDUCTED BY TELECOMMUNICATION OR OTHER
ELECTRONIC COMMUNICATION
.
C. O
FFICERS AND STAFF
1. THE INTERSTATE COMMISSION MAY, THROUGH ITS EXECUTIVE
COMMITTEE
, APPOINT OR RETAIN A STAFF DIRECTOR FOR SUCH PERIOD, UPON
SUCH TERMS AND C ONDITIONS AND FOR SUCH COMPENSATION AS THE
INTERSTATE COMMISSION MAY DEEM APPROPRIATE . THE STAFF DIRECTOR
SHALL SERVE AS SECRETARY TO THE
INTERSTATE COMMISSION, BUT SHALL
NOT HAVE A VOTE
. THE STAFF DIRECTOR MAY HIRE AND SUPERVISE SUCH
OTHER STAFF AS MAY BE AUTHORIZED BY THE
INTERSTATE COMMISSION.
2. T
HE INTERSTATE COMMISSION SHALL ELECT, FROM AMONG ITS
MEMBERS
, A CHAIRPERSON AND A VICE CHAIRPERSON OF THE EXECUTIVE
PAGE 21-SENATE BILL 24-125 COMMITTEE AND OTHER NECESSARY OFFICERS , EACH OF WHOM SHALL HAVE
SUCH AUTHORITY AND DUTIES AS MAY BE SPECIFIED IN THE BYLAWS
.
D. Q
UALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
1. THE INTERSTATE COMMISSION'S STAFF DIRECTOR AND ITS
EMPLOYEES SHALL BE IMMUNE FROM SUIT AND LIABILITY
, EITHER
PERSONALLY OR IN THEIR OFFICIAL CAPACITY
, FOR A CLAIM FOR DAMAGE TO
OR LOSS OF PROPERTY OR PERSONAL INJURY OR OTHER CIVIL LIABILITY
CAUSED OR ARISING OUT OF OR RELATING TO AN ACTUAL OR ALLEGED ACT
,
ERROR, OR OMISSION THAT OCCURRED , OR THAT SUCH PERSON HAD A
REASONABLE BASIS FOR BELIEVING OCCURRED WITHIN THE SCOPE OF
INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES;
PROVIDED THAT SUCH PERSON SHALL NOT BE PROTECTED FROM SUIT OR
LIABILITY FOR DAMAGE
, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL
ACT OR THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH
PERSON
.
a. T
HE LIABILITY OF THE INTERSTATE COMMISSION'S STAFF
DIRECTOR AND EMPLOYEES OR
INTERSTATE COMMISSION REPRESENTATIVES,
ACTING WITHIN THE SCOPE OF SUCH PERSON 'S EMPLOYMENT OR DUTIES FOR
ACTS
, ERRORS, OR OMISSIONS OCCURRING WITHIN SUCH PERSON'S STATE MAY
NOT EXCEED THE LIMITS OF LIABILITY SET FORTH UNDER THE
CONSTITUTION
AND LAWS OF THAT STATE FOR STATE OFFICIALS
, EMPLOYEES, AND AGENTS.
T
HE INTERSTATE COMMISSION IS CONSIDERED TO BE AN INSTRUMENTALITY
OF THE STATES FOR THE PURPOSES OF ANY SUCH ACTION
. NOTHING IN THIS
SUBSECTION SHALL BE CONSTRUED TO PROTECT SUCH PERSON FROM SUIT OR
LIABILITY FOR DAMAGE
, LOSS, INJURY, OR LIABILITY CAUSED BY A CRIMINAL
ACT OR THE INTENTIONAL OR WILLFUL AND WANTON MISCONDUCT OF SUCH
PERSON
.
b. T
HE INTERSTATE COMMISSION SHALL DEFEND THE STAFF
DIRECTOR AND ITS EMPLOYEES AND
, SUBJECT TO THE APPROVAL OF THE
ATTORNEY GENERAL OR OTHER APPROPRIATE LEGAL COUNSEL OF THE
MEMBER STATE
, SHALL DEFEND THE COMMISSIONER OF A MEMBER STATE IN
A CIVIL ACTION SEEKING TO IMPOSE LIABILITY ARISING OUT OF AN ACTUAL
OR ALLEGED ACT
, ERROR, OR OMISSION THAT OCCURRED WITHIN THE SCOPE
OF
INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR RESPONSIBILITIES,
OR THAT THE DEFENDANT HAD A REAS ONABLE BASIS FOR BELIEVING
OCCURRED WITHIN THE SCOPE OF
COMMISSION EMPLOYMENT , DUTIES, OR
PAGE 22-SENATE BILL 24-125 RESPONSIBILITIES, PROVIDED THAT THE ACTUAL OR ALLEGED ACT , ERROR,
OR OMISSION DID NOT RESULT FROM INTENTIONAL OR WILLFUL AND WANTON
MISCONDUCT ON THE PART OF SUCH PERSON
.
c. T
O THE EXTENT NOT COVERED BY THE STATE INVOLVED , MEMBER
STATE
, OR THE INTERSTATE COMMISSION, THE REPRESENTATIVES OR
EMPLOYEES OF THE
INTERSTATE COMMISSION SHALL BE HELD HARMLESS IN
THE AMOUNT OF A SETTLEMENT OR JUDGEMENT
, INCLUDING ATTORNEY'S
FEES AND COSTS
, OBTAINED AGAINST SUCH PERSONS ARISING OUT OF AN
ACTUAL OR ALLEGED ACT
, ERROR, OR OMISSION THAT OCCURRED WITHIN THE
SCOPE OF
INTERSTATE COMMISSION EMPLOYMENT , DUTIES, OR
RESPONSIBILITIES
, OR THAT THE DEFENDANT HAD A REASONABLE BASIS FOR
BELIEVING OCCURRED WITHIN THE SCOPE OF
INTERSTATE COMMISSION
EMPLOYMENT
, DUTIES, OR RESPONSIBILITIES, PROVIDED THAT THE ACTUAL
OR ALLEGED ACT
, ERROR, OR OMISSION DID NOT RESULT FROM INTENTIONAL
OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH PERSON
.
ARTICLE XI.
RULEMAKING FUNCTIONS OF THE
INTERSTATE COMMISSION
A. T
HE INTERSTATE COMMISSION SHALL PROMULGATE AND PUBLISH
RULES IN ORDER TO EFFECTIVELY AND EFFICIENTLY ACHIEVE THE PURPOSES
OF THE COMPACT
.
B. R
ULEMAKING SHALL OCCUR PURSUANT TO THE CRITERIA SET
FORTH IN THIS
ARTICLE AND THE BYLAWS AND RULES ADOPTED PURSUANT
THERETO
. SUCH RULEMAKING SHALL SUBSTANTIALLY CONFORM TO THE
PRINCIPLES OF THE
"MODEL STATE ADMINISTRATIVE PROCEDURES ACT",
1981
ACT, UNIFORM LAWS ANNOTATED, VOL. 15, P. 1 (2000), OR SUCH
OTHER ADMINISTRATIVE PROCEDURE ACTS AS THE
INTERSTATE COMMISSION
DEEMS APPROPRIATE CONSISTENT WITH DUE PROCESS REQUIREMENTS UNDER
THE
UNITED STATES CONSTITUTION AS NOW OR HEREAFTER INTERPRETED
BY THE
U.S. SUPREME COURT. ALL RULES AND AMENDMENTS SHALL
BECOME BINDING AS OF THE DATE SPECIFIED
, AS PUBLISHED WITH THE FINAL
VERSION OF THE RULE AS APPROVED BY THE
INTERSTATE COMMISSION.
C. W
HEN PROMULGATING A RULE , THE INTERSTATE COMMISSION
SHALL
, AT A MINIMUM:
1. P
UBLISH THE PROPOSED RULE 'S ENTIRE TEXT STATING THE
PAGE 23-SENATE BILL 24-125 REASON(S) FOR THAT PROPOSED RULE; AND
2. ALLOW AND INVITE ANY AND ALL PERSONS TO SUBMIT WRITTEN
DATA
, FACTS, OPINIONS, AND ARGUMENTS, WHICH INFORMATION SHALL BE
ADDED TO THE RECORD
, AND BE MADE PUBLICLY AVAILABLE ; AND
3. PROMULGATE A FINAL RULE AND ITS EFFECTIVE DATE , IF
APPROPRIATE
, BASED ON INPUT FROM STATE OR LOCAL OFFICIALS OR
INTERESTED PARTIES
.
D. R
ULES PROMULGATED BY THE INTERSTATE COMMISSION SHALL
HAVE THE FORCE AND EFFECT OF ADMINISTRATIVE RULES AND SHALL BE
BINDING IN THE COMPACTING STATES TO THE EXTENT AND IN THE MANNER
PROVIDED FOR IN THIS COMPACT
.
E. N
OT LATER THAN 60 DAYS AFTER A RULE IS PROMULGATED , AN
INTERESTED PERSON MAY FILE A PETITION IN THE
U.S. DISTRICT COURT FOR
THE
DISTRICT OF COLUMBIA OR IN THE FEDERAL DISTRICT COURT WHERE
THE
INTERSTATE COMMISSION'S PRINCIPAL OFFICE IS LOCATED FOR JUDICIAL
REVIEW OF SUCH RULE
. IF THE COURT FINDS THAT THE INTERSTATE
COMMISSION'S ACTION IS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE
RULEMAKING RECORD
, THE COURT SHALL HOLD THE RULE UNLAWFUL AND
SET IT ASIDE
.
F. I
F A MAJORITY OF THE LEGISLATURES OF THE MEMBER STATES
REJECTS A RULE
, THOSE STATES MAY, BY ENACTMENT OF A STATUTE OR
RESOLUTION IN THE SAME MANNER USED TO ADOPT THE COMPACT
, CAUSE
THAT SUCH RULE SHALL HAVE NO FURTHER FORCE AND EFFECT IN ANY
MEMBER STATE
.
G. T
HE EXISTING RULES GOVERNING THE OPERATION OF THE
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN SUPERSEDED BY
THIS ACT SHALL BE NULL AND VOID NO LESS THAN
12, BUT NO MORE THAN
24, MONTHS AFTER THE FIRST MEETING OF THE INTERSTATE COMMISSION
CREATED HEREUNDER
, AS DETERMINED BY THE MEMBERS DURING THE FIRST
MEETING
.
H. W
ITHIN THE FIRST 12 MONTHS OF OPERATION, THE INTERSTATE
COMMISSION SHALL PROMULGATE RULES ADDRESSING THE FOLLOWING :
PAGE 24-SENATE BILL 24-125 1. TRANSITION RULES.
2. F
ORMS AND PROCEDURES.
3. T
IME LINES.
4. D
ATA COLLECTION AND REPORTING .
5. R
ULEMAKING.
6. V
ISITATION.
7. P
ROGRESS REPORTS/SUPERVISION.
8. S
HARING OF INFORMATION/CONFIDENTIALITY.
9. F
INANCING OF THE INTERSTATE COMMISSION.
10. M
EDIATION, ARBITRATION, AND DISPUTE RESOLUTION.
11. E
DUCATION, TRAINING, AND TECHNICAL ASSISTANCE.
12. E
NFORCEMENT.
13. C
OORDINATION WITH OTHER INTERSTATE COMPACTS .
I. U
PON DETERMINATION BY A MAJORITY OF THE MEMBERS OF THE
INTERSTATE COMMISSION THAT AN EMERGENCY EXISTS :
1. T
HE INTERSTATE COMMISSION MAY PROMULGATE AN EMERGENCY
RULE ONLY IF IT IS REQUIRED TO
:
a. P
ROTECT THE CHILDREN COVERED BY THIS COMPACT FROM AN
IMMINENT THREAT TO THEIR HEALTH
, SAFETY, AND WELL-BEING; OR
b. PREVENT LOSS OF FEDERAL OR STATE FUNDS ; OR
c. MEET A DEADLINE FOR THE PROMULGATION OF AN
ADMINISTRATIVE RULE REQUIRED BY FEDERAL LAW
.
PAGE 25-SENATE BILL 24-125 2. AN EMERGENCY RULE SHALL BECOME EFFECTIVE IMMEDIATELY
UPON ADOPTION
, PROVIDED THAT THE USUAL RULEMAKING PROCEDURES
PROVIDED HEREUNDER SHALL BE RETROACTIVELY APPLIED TO SAID RULE AS
SOON AS REASONABLY POSSIBLE
, BUT NO LATER THAN 90 DAYS AFTER THE
EFFECTIVE DATE OF THE EMERGENCY RULE
.
3. A
N EMERGENCY RULE SHALL BE PROMULGATED AS PROVIDED FOR
IN THE RULES OF THE
INTERSTATE COMMISSION.
ARTICLE XII.
OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
A. O
VERSIGHT
1. THE INTERSTATE COMMISSION SHALL OVERSEE THE
ADMINISTRATION AND OPERATION OF THE COMPACT
.
2. T
HE EXECUTIVE, LEGISLATIVE, AND JUDICIAL BRANCHES OF STATE
GOVERNMENT IN EACH MEMBER STATE SHALL ENFORCE THIS COMPACT AND
THE RULES OF THE
INTERSTATE COMMISSION AND SHALL TAKE ALL ACTIONS
NECESSARY AND APPROPRIATE TO EFFECTUATE THE COMPACT
'S PURPOSES
AND INTENT
. THE COMPACT AND ITS RULES SHALL BE BINDING IN THE
COMPACTING STATES TO THE EXTENT AND IN THE MANNER PROVIDED FOR IN
THIS COMPACT
.
3. A
LL COURTS SHALL TAKE JUDICIAL NOTICE OF THE COMPACT AND
THE RULES IN ANY JUDICIAL OR ADMINISTRATIVE PROCEEDING IN A MEMBER
STATE PERTAINING TO THE SUBJECT MATTER OF THIS COMPACT
.
4. T
HE INTERSTATE COMMISSION SHALL BE ENTITLED TO RECEIVE
SERVICE OF PROCESS IN ANY ACTION IN WHICH THE VALIDITY OF A COMPACT
PROVISION OR RULE IS THE ISSUE FOR WHICH A JUDICIAL DETERMINATION
HAS BEEN SOUGHT AND SHALL HAVE STANDING TO INTERVENE IN ANY
PROCEEDINGS
. FAILURE TO PROVIDE SERVICE OF PROCESS TO THE
INTERSTATE COMMISSION SHALL RENDER ANY JUDGMENT , ORDER, OR OTHER
DETERMINATION
, HOWEVER SO CAPTIONED OR CLASSIFIED , VOID AS TO THE
INTERSTATE COMMISSION, THIS COMPACT, ITS BYLAWS, OR RULES OF THE
INTERSTATE COMMISSION.
B. D
ISPUTE RESOLUTION
PAGE 26-SENATE BILL 24-125 1. THE INTERSTATE COMMISSION SHALL ATTEMPT , UPON THE
REQUEST OF A MEMBER STATE
, TO RESOLVE DISPUTES WHICH ARE SUBJECT
TO THE COMPACT AND WHICH MAY ARISE AMONG MEMBER STATES AND
BETWEEN MEMBER AND NON
-MEMBER STATES.
2. T
HE INTERSTATE COMMISSION SHALL PROMULGATE A RULE
PROVIDING FOR BOTH MEDIATION AND BINDING DISPUTE RESOLUTION FOR
DISPUTES AMONG COMPACTING STATES
. THE COSTS OF SUCH MEDIATION OR
DISPUTE RESOLUTION SHALL BE THE RESPONSIBILITY OF THE PARTIES TO THE
DISPUTE
.
C. E
NFORCEMENT
1. IF THE INTERSTATE COMMISSION DETERMINES THAT A MEMBER
STATE HAS DEFAULTED IN THE PERFORMANCE OF ITS OBLIGATIONS OR
RESPONSIBILITIES UNDER THIS COMPACT
, ITS BYLAWS, OR RULES, THE
INTERSTATE COMMISSION MAY:
a. P
ROVIDE REMEDIAL TRAINING AND SPECIFIC TECHNICAL
ASSISTANCE
; OR
b. PROVIDE WRITTEN NOTICE TO THE DEFAULTING STATE AND OTHER
MEMBER STATES
, OF THE NATURE OF THE DEFAULT AND THE MEANS OF
CURING THE DEFAULT
. THE INTERSTATE COMMISSION SHALL SPECIFY THE
CONDITIONS BY WHICH THE DEFAULTING STATE MUST CURE ITS DEFAULT
; OR
c. BY MAJORITY VOTE OF THE MEMBERS , INITIATE AGAINST A
DEFAULTING MEMBER STATE LEGAL ACTION IN THE
UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLUMBIA OR, AT THE DISCRETION
OF THE
INTERSTATE COMMISSION, IN THE FEDERAL DISTRICT WHERE THE
INTERSTATE COMMISSION HAS ITS PRINCIPAL OFFICE , TO ENFORCE
COMPLIANCE WITH THE PROVISIONS OF THE COMPACT
, ITS BYLAWS, OR
RULES
. THE RELIEF SOUGHT MAY INCLUDE BOTH INJUNCTIVE RELIEF AND
DAMAGES
. IN THE EVENT JUDICIAL ENFORCEMENT IS NECESSARY , THE
PREVAILING PARTY SHALL BE AWARDED ALL COSTS OF SUCH LITIGATION
INCLUDING REASONABLE ATTORNEY
'S FEES; OR
d. AVAIL ITSELF OF ANY OTHER REMEDIES AVAILABLE UNDER STATE
LAW OR THE REGULATION OF OFFICIAL OR PROFESSIONAL CONDUCT
.
ARTICLE XIII.
PAGE 27-SENATE BILL 24-125 FINANCING OF THE COMMISSION
A. T
HE INTERSTATE COMMISSION SHALL PAY, OR PROVIDE FOR THE
PAYMENT OF
, THE REASONABLE EXPENSES OF ITS ESTABLISHMENT ,
ORGANIZATION, AND ONGOING ACTIVITIES.
B. T
HE INTERSTATE COMMISSION MAY LEVY ON AND COLLECT AN
ANNUAL ASSESSMENT FROM EACH MEMBER STATE TO COVER THE COST OF
THE OPERATIONS AND ACTIVITIES OF THE
INTERSTATE COMMISSION AND ITS
STAFF WHICH MUST BE IN A TOTAL AMOUNT SUFFICIENT TO COVER THE
INTERSTATE COMMISSION'S ANNUAL BUDGET AS APPROVED BY ITS MEMBERS
EACH YEAR
. THE AGGREGATE ANNUAL ASSESSMENT AMOUNT SHALL BE
ALLOCATED BASED UPON A FORMULA TO BE DETERMINED BY THE
INTERSTATE COMMISSION WHICH SHALL PROMULGATE A RULE BINDING UPON
ALL MEMBER STATES
.
C. T
HE INTERSTATE COMMISSION SHALL NOT INCUR OBLIGATIONS OF
ANY KIND PRIOR TO SECURING THE FUNDS ADEQUATE TO MEET THE SAME
;
NOR SHALL THE INTERSTATE COMMISSION PLEDGE THE CREDIT OF ANY OF
THE MEMBER STATES
, EXCEPT BY AND WITH THE AUTHORITY OF THE MEMBER
STATE
.
D. T
HE INTERSTATE COMMISSION SHALL KEEP ACCURATE ACCOUNTS
OF ALL RECEIPTS AND DISBURSEMENTS
. THE RECEIPTS AND DISBURSEMENTS
OF THE
INTERSTATE COMMISSION SHALL BE SUBJECT TO THE AUDIT AND
ACCOUNTING PROCEDURES ESTABLISHED UNDER ITS BYLAWS
. HOWEVER,
ALL RECEIPTS AND DISBURSEMENTS OF FUNDS HANDLED BY THE INTERSTATE
COMMISSION SHALL BE AUDITED YEARLY BY A CERTIFIED OR LICENSED
PUBLIC ACCOUNTANT AND THE REPORT OF THE AUDIT SHALL BE INCLUDED
IN AND BECOME PART OF THE ANNUAL REPORT OF THE
INTERSTATE
COMMISSION.
ARTICLE XIV.
MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
A. A
NY STATE IS ELIGIBLE TO BECOME A MEMBER STATE .
B. T
HE COMPACT SHALL BECOME EFFECTIVE AND BINDING UPON
LEGISLATIVE ENACTMENT OF THE COMPACT INTO LAW BY NO LESS THAN
35
STATES. THE EFFECTIVE DATE SHALL BE THE LATER OF JULY 1, 2007, OR
UPON ENACTMENT OF THE COMPACT INTO LAW BY THE
35TH STATE.
PAGE 28-SENATE BILL 24-125 THEREAFTER IT SHALL BECOME EFFECTIVE AND BINDING AS TO ANY OTHER
MEMBER STATE UPON ENACTMENT OF THE COMPACT INTO LAW BY THAT
STATE
. THE EXECUTIVE HEADS OF STATE HUMAN SERVICES ADMINISTRATION
WITH ULTIMATE RESPONSIBILITY FOR THE CHILD WELFARE PROGRAM OF
NON
-MEMBER STATES OR THEIR DESIGNEES SHALL BE INVITED TO
PARTICIPATE IN THE ACTIVITIES OF THE
INTERSTATE COMMISSION ON A
NON
-VOTING BASIS PRIOR TO ADOPTION OF THE COMPACT BY ALL STATES .
C. T
HE INTERSTATE COMMISSION MAY PROPOSE AMENDMENTS TO
THE COMPACT FOR ENACTMENT BY THE MEMBER STATES
. NO AMENDMENT
SHALL BECOME EFFECTIVE AND BINDING ON THE MEMBER STATES UNLESS
AND UNTIL IT IS ENACTED INTO LAW BY UNANIMOUS CONSENT OF THE
MEMBER STATES
.
ARTICLE XV.
WITHDRAWAL AND DISSOLUTION
A. W
ITHDRAWAL
1. ONCE EFFECTIVE, THE COMPACT SHALL CONTINUE IN FORCE AND
REMAIN BINDING UPON EACH AND EVERY MEMBER STATE
; PROVIDED THAT
A MEMBER STATE MAY WITHDRAW FROM THE COMPACT SPECIFICALLY
REPEALING THE STATUTE WHICH ENACTED THE COMPACT INTO LAW
.
2. W
ITHDRAWAL FROM THIS COMPACT SHALL BE BY THE ENACTMENT
OF A STATUTE REPEALING THE SAME
. THE EFFECTIVE DATE OF THE
WITHDRAWAL SHALL BE THE EFFECTIVE DATE OF THE REPEAL OF THE
STATUTE
.
3. T
HE WITHDRAWING STATE SHALL IMMEDIATELY NOTIFY THE
PRESIDENT OF THE
INTERSTATE COMMISSION IN WRITING UPON THE
INTRODUCTION OF LEGISLATION REPEALING THIS COMPACT IN THE
WITHDRAWING STATE
. THE INTERSTATE COMMISSION SHALL THEN NOTIFY
THE OTHER MEMBER STATES OF THE WITHDRAWING STATE
'S INTENT TO
WITHDRAW
.
4. T
HE WITHDRAWING STATE IS RESPONSIBLE FOR ALL ASSESSMENTS ,
OBLIGATIONS, AND LIABILITIES INCURRED THROUGH THE EFFECTIVE DATE OF
WITHDRAWAL
.
5. R
EINSTATEMENT FOLLOWING WITHDRAWAL OF A MEMBER STATE
PAGE 29-SENATE BILL 24-125 SHALL OCCUR UPON THE WITHDRAWING STATE REENACTING THE COMPACT
OR UPON SUCH LATER DATE AS DETERMINED BY THE MEMBERS OF THE
INTERSTATE COMMISSION.
B. D
ISSOLUTION OF COMPACT
1. THIS COMPACT SHALL DISSOLVE EFFECTIVE UPON THE DATE OF THE
WITHDRAWAL OR DEFAULT OF THE MEMBER STATE WHICH REDUCES THE
MEMBERSHIP IN THE COMPACT TO ONE MEMBER STATE
.
2. U
PON THE DISSOLUTION OF THIS COMPACT , THE COMPACT
BECOMES NULL AND VOID AND SHALL BE OF NO FURTHER FORCE OR EFFECT
,
AND THE BUSINESS AND AFFAIRS OF THE INTERSTATE COMMISSION SHALL BE
CONCLUDED AND SURPLUS FUNDS SHALL BE DISTRIBUTED IN ACCORDANCE
WITH THE BYLAWS
.
ARTICLE XVI.
SEVERABILITY AND CONSTRUCTION
A. T
HE PROVISIONS OF THIS COMPACT SHALL BE SEVERABLE , AND IF
ANY PHRASE
, CLAUSE, SENTENCE, OR PROVISION IS DEEMED
UNENFORCEABLE
, THE REMAINING PROVISIONS OF THE COMPACT SHALL BE
ENFORCEABLE
.
B. T
HE PROVISIONS OF THIS COMPACT SHALL BE LIBERALLY
CONSTRUED TO EFFECTUATE ITS PURPOSES
.
C. N
OTHING IN THIS COMPACT SHALL BE CONSTRUED TO PROHIBIT
THE CONCURRENT APPLICABILITY OF OTHER INTERSTATE COMPACTS TO
WHICH THE STATES ARE MEMBERS
.
ARTICLE XVII.
BINDING EFFECT OF COMPACT AND OTHER LAWS
A. O
THER LAWS
1. NOTHING HEREIN PREVENTS THE ENFORCEMENT OF ANY OTHER
LAW OF A MEMBER STATE THAT IS NOT INCONSISTENT WITH THIS COMPACT
.
B. B
INDING EFFECT OF THE COMPACT
1. ALL LAWFUL ACTIONS OF THE INTERSTATE COMMISSION,
PAGE 30-SENATE BILL 24-125 INCLUDING ALL RULES AND BYLAWS PROMULGATED BY THE INTERSTATE
COMMISSION, ARE BINDING UPON THE MEMBER STATES .
2. A
LL AGREEMENTS BETWEEN THE INTERSTATE COMMISSION AND
THE MEMBER STATES ARE BINDING IN ACCORDANCE WITH THEIR TERMS
.
3. I
N THE EVENT ANY PROVISION OF THIS COMPACT EXCEEDS THE
CONSTITUTIONAL LIMITS IMPOSED ON THE LEGISLATURE OF ANY MEMBER
STATE
, SUCH PROVISION SHALL BE INEFFECTIVE TO THE EXTENT OF THE
CONFLICT WITH THE CONSTITUTIONAL PROVISIONS IN QUESTION IN THAT
MEMBER STATE
.
ARTICLE XVIII.
INDIAN TRIBES
NOTWITHSTANDING ANY OTHER PROVISION IN THIS COMPACT , THE
INTERSTATE COMMISSION MAY PROMULGATE GUIDELINES TO PERMIT INDIAN
TRIBES TO UTILIZE THE COMPACT TO ACHIEVE ANY OR ALL OF THE PURPOSES
OF THE COMPACT AS SPECIFIED IN
ARTICLE 1. THE INTERSTATE COMMISSION
SHALL MAKE REASONABLE EFFORTS TO CONSULT WITH
INDIAN TRIBES IN
PROMULGATING GUIDELINES TO REFLECT THE DIVERSE CIRCUMSTANCES OF
THE VARIOUS
INDIAN TRIBES.
24-60-1803. Working group to review proposal for enactment
of compact - membership - recommendations to Colorado's
commissioner. (1) A
FTER THIS PART 18 TAKES EFFECT PURSUANT TO
SECTION
24-60-1804, AND SUBJECT TO AVAILABLE APPROPRIATIONS , THE
EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN SERVICES SHALL
CONVENE A WORKING GROUP TO REVIEW THE PROPOSAL FOR ENACTMENT OF
THE REVISED INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
, AND
CONCLUDE ONE YEAR LATER UNLESS AMENDED
.
(2) T
HE FOLLOWING APPOINTMENTS TO THE WORKING GROUP MUST
BE MADE
:
(a) T
HE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
APPOINT
:
(I) A
MEMBER WHO REPRESENTS AN URBAN COUNTY DEPARTMENT
OF HUMAN OR SOCIAL SERVICES
; AND
(II) A MEMBER WHO IS A COUNTY ATTORNEY WHO REPRESENTS AN
PAGE 31-SENATE BILL 24-125 URBAN COUNTY;
(b) T
HE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
SHALL APPOINT
:
(I) A
MEMBER WHO REPRESENTS A RURAL COUNTY DEPARTMENT OF
HUMAN OR SOCIAL SERVICES
; AND
(II) A MEMBER WHO IS A COUNTY ATTORNEY WHO REPRESENTS A
RURAL COUNTY
;
(c) T
HE PRESIDENT OF THE SENATE SHALL APPOINT A MEMBER WHO
REPRESENTS A NONPROFIT ASSOCIATION THAT ADVOCATES FOR CIVIL
LIBERTIES
;
(d) T
HE GOVERNOR SHALL APPOINT :
(I) A
MEMBER WHO IS A CURRENT OR RETIRED JUVENILE JUDGE OR
MAGISTRATE
; AND
(II) A MEMBER WHO HAS LIVED EXPERIENCE WITH PARTICIPATING IN
AN INTERSTATE COMPACT PLACEMENT OR HOME STUDY
; AND
(e) THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF HUMAN
SERVICES OR THE EXECUTIVE DIRECTOR
'S DESIGNEE SHALL APPOINT:
(I) A
MEMBER WHO REPRESENTS A NONPROFIT ORGANIZATION THAT
ADVOCATES FOR PARENTS WITH LIMITED INCOMES
;
(II) A
MEMBER WHO REPRESENTS A NONPROFIT ASSOCIATION THAT
ADVOCATES FOR RELATIVE AND KINSHIP PLACEMENTS
; AND
(III) A MEMBER WHO REPRESENTS THE COLORADO DEPARTMENT OF
HUMAN SERVICES
.
(3) A
DDITIONAL MEMBERS MUST INCLUDE :
(a) T
HE CHILD PROTECTION OMBUDSMAN , OR THE OMBUDSMAN 'S
DESIGNEE
;
PAGE 32-SENATE BILL 24-125 (b) A REPRESENTATIVE FROM THE OFFICE OF THE RESPONDENT
PARENTS
' COUNSEL, CREATED IN SECTION 13-92-103; AND
(c) A REPRESENTATIVE FROM THE OFFICE OF THE CHILD 'S
REPRESENTATIVE
, CREATED IN SECTION 13-91-104.
(4) T
HE WORKING GROUP SHALL REVIEW AND MAKE
RECOMMENDATIONS
, ACCORDING TO A TIME FRAME DETERMINED BY THE
WORKING GROUP
, TO COLORADO'S COMMISSIONER TO THE COMPACT ON THE
FOLLOWING ISSUES
:
(a) E
VALUATING THE CURRENT COMPACT PROCESS FOR CHILDREN
AND FAMILIES
;
(b) D
ETERMINING THE STATUS OF COLORADO'S IMPLEMENTATION OF
THE NATIONAL ELECTRONIC INTERSTATE COMPACT ENTERPRISE
REQUIREMENTS AND WHAT EFFECT THE IMPLEMENTATION OF THESE
REQUIREMENTS MAY HAVE ON
COLORADO;
(c) I
MPROVING THE USE OF CROSS-BORDER AGREEMENTS ;
(d) I
DENTIFYING ANY BARRIERS TO PLACING CHILDREN IN
RESIDENTIAL TREATMENT FACILITIES OUT OF STATE AND OPTIONS FOR
ADDRESSING BARRIERS WITHIN EXISTING LAW
;
(e) I
DENTIFYING AND PRIORITIZING ANY ALTERNATIVE EFFORTS
BEING MADE TO ADDRESS INTERSTATE PLACEMENT ISSUES AT THE NATIONAL
LEVEL
; AND
(f) IDENTIFYING LANGUAGE AND PROCESSES TO IMPROVE
INTERSTATE PLACEMENTS
.
24-60-1804. Notice to revisor of statutes. T
HIS PART 18 WILL TAKE
EFFECT ON THE DATE THE COMPACT IS ENACTED INTO LAW IN THE
THIRTY
-FIFTH COMPACT STATE . THE EXECUTIVE DIRECTOR OF THE
COLORADO DEPARTMENT OF HUMAN SERVICES SHALL NOTIFY THE REVISOR
OF STATUTES IN WRITING OF THE DATE WHEN THE CONDITION SPECIFIED IN
THIS SECTION HAS OCCURRED BY E
-MAILING THE NOTICE TO
REVISOROFSTATUTES
.GA@COLEG.GOV. THIS PART 18 TAKES EFFECT UPON
THE DATE IDENTIFIED IN THE NOTICE THAT THE THIRTY
-FIFTH STATE
PAGE 33-SENATE BILL 24-125 ADOPTED THE COMPACT OR , IF THE NOTICE DOES NOT SPECIFY THAT DATE,
UPON THE DATE OF THE NOTICE TO THE REVISOR OF STATUTES .
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
PAGE 34-SENATE BILL 24-125 November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 35-SENATE BILL 24-125