Connecticut 2025 Regular Session

Connecticut Senate Bill SB01311 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 1 of 50
	3	+	LCO No. 4640 1 of 52
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 1311
	5	+	General Assembly Raised Bill No. 1311
6	6		January Session, 2025
	7	+	LCO No. 4640
	8	+
	9	+
	10	+	Referred to Committee on COMMITTEE ON CHILDREN
	11	+
	12	+
	13	+	Introduced by:
	14	+	(KID)
7	15
8	16
9	17
10	18		AN ACT CONCERNING THE RECOMMENDATIONS OF THE
11	19		DEPARTMENT OF CHILDREN AND FAMILIES.
12	20		Be it enacted by the Senate and House of Representatives in General
13	21		Assembly convened:
14	22
15	23		Section 1. Section 17a-114 of the general statutes is repealed and the 1
16	24		following is substituted in lieu thereof (Effective July 1, 2025): 2
17	25		(a) As used in this section, (1) "approval" or "approved" means that a 3
18	26		person has been approved to adopt or provide foster care by a child-4
19	27		placing agency licensed pursuant to section 17a-149, (2) "licensed" 5
20	28		means a person holds a license to provide foster care issued by the 6
21	29		Department of Children and Families, [and] (3) "fictive kin caregiver" 7
22	30		means a person who is twenty-one years of age or older and who is 8
23	31		unrelated to a child by birth, adoption or marriage but who has an 9
24	32		emotionally significant relationship with such child or such child's 10
25	33		family amounting to a familial relationship, and (4) "emergency 11
26	34		placement" means the placement of a child by the Department of 12
27	35		Children and Families in the home of a relative or fictive kin caregiver 13
28	36		as a result of the sudden unavailability of such child's primary caretaker. 14
29	37		(b) (1) No child in the custody of the Commissioner of Children and 15
	38	+	Raised Bill No. 1311
	39	+
	40	+
	41	+
	42	+	LCO No. 4640 2 of 52
	43	+
30	44		Families shall be placed in foster care with any person, unless (A) (i) 16
31	45		such person is licensed for [that] such purpose by the department or the 17
32	46		Department of Developmental Services pursuant to the provisions of 18
33		-	section 17a-227, (ii) such person's home is approved by a child-placing 19 Substitute Bill No. 1311
34		-
35		-
36		-	LCO 2 of 50
37		-
	47	+	section 17a-227, (ii) such person's home is approved by a child-placing 19
38	48		agency licensed by the commissioner pursuant to section 17a-149, or (iii) 20
39	49		such person has received approval as provided in this section, and (B) 21
40	50		on and after January 1, 2017, for a child twelve years of age or older, 22
41	51		such child has received a foster family profile in accordance with the 23
42	52		provisions of section 17a-114e. [Any person licensed by the department 24
43		-	may be a prospective adoptive parent.] For the ~~purposes~~ of this section, 25
	53	+	may be a prospective adoptive parent.] For the purpose of this section, 25
44	54		any prospective adoptive parent shall be licensed by the department. 26
45	55		The commissioner shall adopt regulations, in accordance with the 27
46	56		provisions of chapter 54, to establish the licensing procedures and 28
47	57		standards. 29
48	58		(2) (A) Except as provided in subparagraph (B) of this subdivision, 30
49	59		the commissioner shall require each applicant for licensure or approval 31
50	60		pursuant to this section and any person eighteen years of age or older 32
51	61		living in the household of such applicant to submit to state and national 33
52	62		criminal history records checks prior to issuing a license or approval to 34
53	63		such applicant to accept placement of a child for purposes of foster care 35
54	64		or adoption. Such criminal history records checks shall be conducted in 36
55	65		accordance with section 29-17a. The commissioner shall check the (i) 37
56	66		state child abuse and neglect registry established pursuant to section 38
57	67		17a-101k for the name of such applicant and for the name of any person 39
58	68		eighteen years of age or older living in the household of such applicant, 40
59	69		and (ii) child abuse and neglect registry in any state in which such 41
60	70		applicant or person resided in the preceding five years for the name of 42
61	71		such applicant or person. 43
62	72		(B) If an applicant for licensure or approval or any person eighteen 44
63	73		years of age or older living in the household of such applicant has 45
64	74		submitted to the state and national criminal history records checks 46
65	75		described in subsection (c) of this section within the previous twelve-47
66	76		month period, the commissioner shall not require such applicant or 48
	77	+	Raised Bill No. 1311
	78	+
	79	+
	80	+
	81	+	LCO No. 4640 3 of 52
	82	+
67	83		person to submit to the state and national criminal history records 49
68	84		checks described in subparagraph (A) of this subdivision in connection 50
69	85		with the issuance of a license or approval. 51
70		-	(3) The commissioner shall require each individual licensed or 52 Substitute Bill No. 1311
71		-
72		-
73		-	LCO 3 of 50
74		-
	86	+	(3) The commissioner shall require each individual licensed or 52
75	87		approved pursuant to this section and any person eighteen years of age 53
76	88		or older living in the household of such individual to submit to state and 54
77	89		national criminal history records checks prior to renewing a license or 55
78	90		approval for any individual providing foster care or adopting. Such 56
79	91		criminal history records checks shall be conducted in accordance with 57
80	92		section 29-17a. Prior to such renewal, the commissioner shall check the 58
81	93		(A) state child abuse and neglect registry established pursuant to section 59
82	94		17a-101k for the name of such applicant and for the name of any person 60
83	95		eighteen years of age or older living in the household of such applicant, 61
84	96		and (B) child abuse and neglect registry in any state in which such 62
85	97		applicant or person resided in the preceding five years for the name of 63
86	98		such applicant or person. 64
87	99		(4) The commissioner shall comply with any request to check the 65
88	100		child abuse and neglect registry established pursuant to section 17a-66
89	101		101k made by the child welfare agency of another state. 67
90	102		(c) (1) Notwithstanding the requirements of subsection (b) of this 68
91	103		section, the commissioner may [place] make an emergency placement of 69
92	104		a child with a relative or fictive kin caregiver who has not been issued a 70
93	105		license or approval, when such emergency placement is in the best 71
94	106		interests of the child, provided a satisfactory home visit is conducted 72
95	107		and a basic assessment of the family is completed. When the 73
96	108		commissioner makes such [a] an emergency placement, the 74
97	109		commissioner shall (A) request a criminal justice agency to perform a 75
98	110		federal name-based criminal history search of such relative or fictive kin 76
99	111		caregiver and each person eighteen years of age or older residing in the 77
100	112		home, and (B) check the state child abuse and neglect registry 78
101	113		established pursuant to section 17a-101k for the name of such relative or 79
102	114		fictive kin caregiver and each person eighteen years of age or older 80
	115	+	Raised Bill No. 1311
	116	+
	117	+
	118	+
	119	+	LCO No. 4640 4 of 52
	120	+
103	121		residing in the home. The results of such name-based search shall be 81
104	122		provided to the commissioner. 82
105	123		(2) Not later than ten calendar days after a name-based search is 83
106	124		performed pursuant to subdivision (1) of this subsection, the 84
107		-	commissioner shall request the State Police Bureau of Identification to 85 Substitute Bill No. 1311
108		-
109		-
110		-	LCO 4 of 50
111		-
	125	+	commissioner shall request the State Police Bureau of Identification to 85
112	126		perform a state and national criminal history records checks of such 86
113	127		relative or fictive kin caregiver and each person eighteen years of age or 87
114	128		older residing in the home, in accordance with section 29-17a. Such 88
115	129		criminal history records checks shall be deemed as required by this 89
116	130		section for the purposes of section 29-17a and the commissioner may 90
117	131		request that such criminal history records checks be performed in 91
118	132		accordance with subsection (c) of said section. The results of such 92
119	133		criminal history records checks shall be provided to the commissioner. 93
120	134		If any person refuses to provide fingerprints or other positive 94
121	135		identifying information for the purposes of such criminal history 95
122	136		records checks when requested, the commissioner shall immediately 96
123	137		remove the child from the home. 97
124	138		(3) If the commissioner denies [a] an emergency placement with a 98
125	139		relative or fictive kin caregiver or removes a child from such home based 99
126	140		on the results of a federal name-based criminal history search performed 100
127	141		pursuant to subdivision (1) of this subsection, the person whose name-101
128	142		based search was the basis for such denial or removal may contest such 102
129	143		denial or removal by requesting that state and national criminal history 103
130	144		records checks be performed pursuant to subdivision (2) of this 104
131	145		subsection. 105
132	146		(4) Any such relative or fictive kin caregiver who accepts placement 106
133	147		of a child shall be subject to licensure by the commissioner, pursuant to 107
134	148		regulations adopted by the commissioner in accordance with the 108
135	149		provisions of chapter 54 to implement the provisions of this section or 109
136	150		approval by a child-placing agency licensed pursuant to section 17a-149. 110
137	151		The commissioner may grant a waiver from such regulations, including 111
138	152		any standard regarding separate bedrooms or room -sharing 112
	153	+	Raised Bill No. 1311
	154	+
	155	+
	156	+
	157	+	LCO No. 4640 5 of 52
	158	+
139	159		arrangements, for a child placed with a relative or fictive kin caregiver, 113
140	160		on a case-by-case basis, if such placement is otherwise in the best 114
141	161		interests of such child, provided no procedure or standard that is safety-115
142	162		related may be so waived. The commissioner shall document, in writing, 116
143	163		the reason for granting any waiver from such regulations. 117
144		-	(d) Any individual who has been licensed or approved to adopt or 118 Substitute Bill No. 1311
145		-
146		-
147		-	LCO 5 of 50
148		-
	164	+	(d) Any individual who has been licensed or approved to adopt or 118
149	165		provide foster care and any relative or fictive kin caregiver with whom 119
150	166		a child has been placed pursuant to subsection (c) of this section shall 120
151	167		apply a reasonable and prudent parent standard, as defined in 121
152	168		subsection (a) of section 17a-114d, on behalf of the child. 122
153	169		Sec. 2. Subdivision (6) of subsection (j) of section 46b-129 of the 123
154	170		general statutes is repealed and the following is substituted in lieu 124
155	171		thereof (Effective July 1, 2025): 125
156	172		(6) (A) A youth who is committed to the commissioner pursuant to 126
157	173		this subsection and has reached eighteen years of age may remain in the 127
158	174		care of the commissioner, by consent of the youth and provided the 128
159	175		youth has not reached the age of twenty-one years of age, if the youth is 129
160	176		[(A)] (i) enrolled in a full-time approved secondary education program 130
161	177		or an approved program leading to an equivalent credential; [(B)] (ii) 131
162	178		enrolled full time in an institution which provides postsecondary or 132
163	179		vocational education; or [(C)] (iii) participating full time in a program or 133
164	180		activity approved by said commissioner that is designed to promote or 134
165	181		remove barriers to employment. The commissioner, in the 135
166	182		commissioner's discretion, may waive the provision of full-time 136
167	183		enrollment or participation based on compelling circumstances. Not 137
168	184		more than one hundred twenty days after the youth's eighteenth 138
169	185		birthday, the department shall file a motion in the superior court for 139
170	186		juvenile matters that had jurisdiction over the youth's case prior to the 140
171	187		youth's eighteenth birthday for a determination as to whether 141
172	188		continuation in care is in the youth's best interest and, if so, whether 142
173	189		there is an appropriate permanency plan. The court, in its discretion, 143
174	190		may hold a hearing on said motion. 144
	191	+	Raised Bill No. 1311
	192	+
	193	+
	194	+
	195	+	LCO No. 4640 6 of 52
	196	+
175	197		(B) Any youth who was committed to the commissioner pursuant to 145
176	198		this subsection and, having declined to consent to remain in the care of 146
177	199		the commissioner, left such care once such youth turned eighteen years 147
178	200		of age, may request, in a form and manner prescribed by the 148
179	201		commissioner, not later than one hundred twenty days prior to the date 149
180	202		such youth turns twenty-one years of age, to reenter into the care of the 150
181		-	commissioner. Upon receipt of such request, the commissioner shall 151 Substitute Bill No. 1311
182		-
183		-
184		-	LCO 6 of 50
185		-
	203	+	commissioner. Upon receipt of such request, the commissioner shall 151
186	204		determine whether such youth meets the requirements described in 152
187	205		subparagraph (A) of this subdivision. If the commissioner determines 153
188	206		that such youth meets such requirements, the department may request 154
189	207		that such youth enter into a written agreement governing the terms of 155
190	208		his or her voluntary reentry into the care of the commissioner and 156
191	209		permit such youth to reenter care. Not more than one hundred twenty 157
192	210		days after the execution of such agreement, the commissioner shall file 158
193	211		a motion in the superior court for juvenile matters that had jurisdiction 159
194		-	over the youth's case prior to the ~~youth's~~ eighteenth birthday for a 160
	212	+	over the youth's case prior to the youths eighteenth birthday for a 160
195	213		determination as to whether reentry into care is in the youth's best 161
196	214		interest and, if so, whether there is an appropriate permanency plan. 162
197		-	The court may hold a hearing on said motion. 163
	215	+	The court, in its discretion, may hold a hearing on said motion. 163
198	216		Sec. 3. Subsection (g) of section 17a-28 of the general statutes is 164
199	217		repealed and the following is substituted in lieu thereof (Effective July 1, 165
200	218		2025): 166
201	219		(g) The department shall disclose records, subject to subsections (b) 167
202	220		and (c) of this section, without the consent of the person who is the 168
203	221		subject of the record, to: 169
204	222		(1) The person named in the record or such person's authorized 170
205	223		representative, provided such disclosure shall be limited to information 171
206	224		(A) contained in the record about such person or about such person's 172
207	225		biological or adoptive minor child, if such person's parental rights to 173
208	226		such child have not been terminated; and (B) identifying an individual 174
209	227		who reported abuse or neglect of the person, including any tape 175
210	228		recording of an oral report pursuant to section 17a-103, if a court 176
	229	+	Raised Bill No. 1311
	230	+
	231	+
	232	+
	233	+	LCO No. 4640 7 of 52
	234	+
211	235		determines that there is reasonable cause to believe the reporter 177
212	236		knowingly made a false report or that the interests of justice require 178
213	237		disclosure; 179
214	238		(2) An employee of the department for any purpose reasonably 180
215	239		related to the performance of such employee's duties; 181
216	240		(3) A guardian ad litem or attorney appointed to represent a child or 182
217		-	youth in litigation affecting the best interests of the child or youth; 183 Substitute Bill No. 1311
218		-
219		-
220		-	LCO 7 of 50
221		-
	241	+	youth in litigation affecting the best interests of the child or youth; 183
222	242		(4) An attorney representing a parent, guardian or child in a petition 184
223	243		filed in the Superior Court pursuant to section 17a-112 or 46b-129, as 185
224	244		amended by this act, provided (A) if such records do not pertain to such 186
225	245		attorney's client or such client's child, such records shall not be further 187
226	246		disclosed to another individual or entity by such attorney except 188
227	247		pursuant to the order of a court of competent jurisdiction, (B) if such 189
228	248		records are confidential pursuant to federal law, such records shall not 190
229	249		be disclosed to such attorney or such attorney's client unless such 191
230	250		attorney or such attorney's client is otherwise entitled to such records, 192
231	251		and (C) nothing in this subdivision shall limit the disclosure of records 193
232	252		under subdivision (3) of this subsection; 194
233	253		(5) The Attorney General, any assistant attorney general or any other 195
234	254		legal counsel retained to represent the department during the course of 196
235	255		a legal proceeding involving the department or an employee of the 197
236	256		department; 198
237	257		(6) The Child Advocate or the Child Advocate's designee; 199
238	258		(7) The Chief Public Defender or the Chief Public Defender's designee 200
239	259		for purposes of ensuring competent representation by the attorneys 201
240	260		with whom the Chief Public Defender contracts to provide legal and 202
241	261		guardian ad litem services to the subjects of such records and for 203
242	262		ensuring accurate payments for services rendered by such attorneys; 204
243	263		(8) The Chief State's Attorney or the Chief State's Attorney's designee 205
	264	+	Raised Bill No. 1311
	265	+
	266	+
	267	+
	268	+	LCO No. 4640 8 of 52
	269	+
244	270		for purposes of investigating or prosecuting (A) an allegation related to 206
245	271		child abuse or neglect, (B) an allegation that an individual made a false 207
246	272		report of suspected child abuse or neglect, (C) an allegation that a 208
247	273		mandated reporter failed to report suspected child abuse or neglect in 209
248	274		accordance with section 17a-101a, provided such prosecuting authority 210
249	275		shall have access to records of a child charged with the commission of a 211
250	276		delinquent act, who is not being charged with an offense related to child 212
251	277		abuse, only while the case is being prosecuted and after obtaining a 213
252	278		release, or (D) an allegation of fraud in the receipt of public or private 214
253		-	benefits, provided no information identifying the subject of the record 215 Substitute Bill No. 1311
254		-
255		-
256		-	LCO 8 of 50
257		-
	279	+	benefits, provided no information identifying the subject of the record 215
258	280		is disclosed unless such information is essential to such investigation or 216
259	281		prosecution; 217
260	282		(9) A state or federal law enforcement officer, including a military law 218
261	283		enforcement authority under the United States Department of Defense, 219
262	284		for purposes of investigating (A) an allegation related to child abuse or 220
263	285		neglect, (B) an allegation that an individual made a false report of 221
264	286		suspected child abuse or neglect, or (C) an allegation that a mandated 222
265	287		reporter failed to report suspected child abuse or neglect in accordance 223
266	288		with section 17a-101a; 224
267	289		(10) A foster or prospective adoptive parent, if the records pertain to 225
268	290		a child or youth currently placed with the foster or prospective adoptive 226
269	291		parent, or a child or youth being considered for placement with the 227
270	292		foster or prospective adoptive parent, and the records are necessary to 228
271	293		address the social, medical, psychological or educational needs of the 229
272	294		child or youth, provided no information identifying a biological parent 230
273	295		is disclosed without the permission of such biological parent; 231
274	296		(11) The Governor, when requested in writing in the course of the 232
275	297		Governor's official functions, the joint standing committee of the 233
276	298		General Assembly having cognizance of matters relating to human 234
277	299		services, the joint standing committee of the General Assembly having 235
278	300		cognizance of matters relating to the judiciary or the joint standing 236
279	301		committee of the General Assembly having cognizance of matters 237
	302	+	Raised Bill No. 1311
	303	+
	304	+
	305	+
	306	+	LCO No. 4640 9 of 52
	307	+
280	308		relating to children, when requested in writing by any of such 238
281	309		committees in the course of such committee's official functions, and 239
282	310		upon a majority vote of such committee, provided no name or other 240
283	311		identifying information is disclosed unless such information is essential 241
284	312		to the gubernatorial or legislative purpose; 242
285	313		(12) The Office of Early Childhood for the purpose of (A) determining 243
286	314		the suitability of a person to care for children in a facility licensed 244
287	315		pursuant to section 19a-77, 19a-80, 19a-87b or 19a-421; (B) determining 245
288	316		the suitability of such person for licensure; (C) determining the 246
289		-	suitability of a person to provide child care services to a child and 247 Substitute Bill No. 1311
290		-
291		-
292		-	LCO 9 of 50
293		-
	317	+	suitability of a person to provide child care services to a child and 247
294	318		receive a child care subsidy pursuant to section 17b-749k; (D) an 248
295	319		investigation conducted pursuant to section 19a-80f; (E) notifying the 249
296	320		office when the Department of Children and Families places an 250
297	321		individual licensed or certified by the office on the child abuse and 251
298	322		neglect registry pursuant to section 17a-101k; or (F) notifying the office 252
299	323		when the Department of Children and Families possesses information 253
300	324		regarding an office regulatory violation committed by an individual 254
301	325		licensed or certified by the office; 255
302	326		(13) The Department of Developmental Services, (A) to allow said 256
303	327		department to determine eligibility, facilitate enrollment and plan for 257
304	328		the provision of services to a child who is a client of said department 258
305	329		and who is applying to enroll in or is enrolled in said department's 259
306	330		behavioral services program. At the time that a parent or guardian 260
307	331		completes an application for enrollment of a child in the Department of 261
308	332		Developmental Services' behavioral services program, or at the time that 262
309	333		said department updates a child's annual individualized plan of care, 263
310	334		said department shall notify such parent or guardian that the 264
311	335		Department of Children and Families may provide records to the 265
312	336		Department of Developmental Services for the purposes specified in this 266
313	337		subdivision without the consent of such parent or guardian; or (B) for 267
314	338		purposes of an investigation pursuant to section 46a-11c; 268
315	339		(14) Any individual or entity for the purposes of identifying resources 269
	340	+	Raised Bill No. 1311
	341	+
	342	+
	343	+
	344	+	LCO No. 4640 10 of 52
	345	+
316	346		that will promote the permanency plan of a child or youth approved by 270
317	347		the court pursuant to sections 17a-11, 17a-111b and 46b-129, as amended 271
318	348		by this act; 272
319	349		(15) A state agency that licenses or certifies a person to educate, care 273
320	350		for or provide services to children or youths; 274
321	351		(16) A judge or employee of a Probate Court who requires access to 275
322	352		such records in order to perform such judge's or employee's official 276
323	353		duties; 277
324	354		(17) A judge of the Superior Court for purposes of determining the 278
325		-	appropriate disposition of a child adjudicated as delinquent; 279 Substitute Bill No. 1311
326		-
327		-
328		-	LCO 10 of 50
329		-
	355	+	appropriate disposition of a child adjudicated as delinquent; 279
330	356		(18) A judge of the Superior Court in a criminal prosecution for 280
331	357		purposes of in camera inspection whenever (A) the court has ordered 281
332	358		that the record be provided to the court; or (B) a party to the proceeding 282
333	359		has issued a subpoena for the record; 283
334	360		(19) A judge of the Superior Court and all necessary parties in a 284
335	361		family violence proceeding when such records concern family violence 285
336	362		with respect to the child who is the subject of the proceeding or the 286
337	363		parent of such child who is the subject of the proceeding; 287
338	364		(20) The Auditors of Public Accounts, or their representative, 288
339	365		provided no information identifying the subject of the record is 289
340	366		disclosed unless such information is essential to an audit conducted 290
341	367		pursuant to section 2-90; 291
342	368		(21) A local or regional board of education, provided the records are 292
343	369		limited to educational records created or obtained by the state or 293
344	370		Connecticut Unified School District #2, established pursuant to section 294
345	371		17a-37; 295
346	372		(22) The superintendent of schools for any school district for the 296
347	373		purpose of determining the suitability of a person to be employed by 297
348	374		the local or regional board of education for such school district pursuant 298
	375	+	Raised Bill No. 1311
	376	+
	377	+
	378	+
	379	+	LCO No. 4640 11 of 52
	380	+
349	381		to subsection (a) of section 10-221d; 299
350	382		(23) The Department of Motor Vehicles for the purpose of criminal 300
351	383		history records checks pursuant to subsection (e) of section 14-44, 301
352	384		provided information disclosed pursuant to this subdivision shall be 302
353	385		limited to information included on the Department of Children and 303
354	386		Families child abuse and neglect registry established pursuant to section 304
355	387		17a-101k, subject to the provisions of sections 17a-101g and 17a-101k 305
356	388		concerning the nondisclosure of findings of responsibility for abuse and 306
357	389		neglect; 307
358	390		(24) The Department of Mental Health and Addiction Services for the 308
359	391		purpose of treatment planning for young adults who have transitioned 309
360		-	from the care of the Department of Children and Families; 310 Substitute Bill No. 1311
361		-
362		-
363		-	LCO 11 of 50
364		-
	392	+	from the care of the Department of Children and Families; 310
365	393		(25) The superintendent of a public school district or the executive 311
366	394		director or other head of a public or private institution for children 312
367	395		providing care for children or a private school (A) pursuant to sections 313
368	396		17a-11, 17a-101b, 17a-101c, 17a-101i, 17a-111b and 46b-129, as amended 314
369	397		by this act, or (B) when the Department of Children and Families places 315
370	398		an individual employed by such institution or school on the child abuse 316
371	399		and neglect registry pursuant to section 17a-101k; 317
372	400		(26) The Department of Social Services for the purpose of (A) 318
373	401		determining the suitability of a person for payment from the 319
374	402		Department of Social Services for providing child care; (B) promoting 320
375	403		the health, safety and welfare of a child or youth receiving services from 321
376	404		either department; or (C) investigating allegations of fraud provided no 322
377	405		information identifying the subject of the record is disclosed unless such 323
378	406		information is essential to any such investigation; 324
379	407		(27) The Court Support Services Division of the Judicial Branch, to 325
380	408		allow the division to determine the supervision and treatment needs of 326
381	409		a child or youth, and provide appropriate supervision and treatment 327
382	410		services to such child or youth, provided such disclosure shall be limited 328
383	411		to information that identifies the child or youth, or a member of such 329
	412	+	Raised Bill No. 1311
	413	+
	414	+
	415	+
	416	+	LCO No. 4640 12 of 52
	417	+
384	418		child's or youth's immediate family, as being or having been (A) 330
385	419		committed to the custody of the Commissioner of Children and Families 331
386	420		as delinquent, (B) under the supervision of the Commissioner of 332
387	421		Children and Families, or (C) enrolled in the voluntary services program 333
388	422		operated by the Department of Children and Families; 334
389	423		(28) The Court Support Services Division of the Judicial Branch for 335
390	424		the purpose of sharing common case records to track recidivism of 336
391	425		juvenile offenders; 337
392	426		(29) The birth-to-three program's referral intake office for the purpose 338
393	427		of (A) determining eligibility of, (B) facilitating enrollment for, and (C) 339
394	428		providing services to (i) substantiated victims of child abuse and neglect 340
395	429		with suspected developmental delays, and (ii) newborns impacted by 341
396		-	withdrawal symptoms resulting from prenatal drug exposure; 342 Substitute Bill No. 1311
397		-
398		-
399		-	LCO 12 of 50
400		-
	430	+	withdrawal symptoms resulting from prenatal drug exposure; 342
401	431		(30) The Department of Public Health for (A) the purpose of 343
402	432		notification when the Commissioner of Children and Families places an 344
403	433		individual licensed or certified by the Department of Public Health on 345
404	434		the child abuse and neglect registry established pursuant to section 17a-346
405	435		101k, and (B) purposes relating to the licensure of the Albert J. Solnit 347
406	436		Children's Center and the administration of licensing requirements 348
407	437		established pursuant to or set forth in sections 19a-134 and 19a-498; 349
408	438		(31) The Department of Correction, for the purpose of determining 350
409	439		the supervision and treatment needs of a child or youth, and providing 351
410	440		appropriate supervision and treatment services to such child or youth; 352
411	441		(32) Any child placing agency subject to licensure by the Department 353
412	442		of Children and Families, for the purpose of determining the suitability 354
413	443		of a person (A) for employment by such agency, or (B) to adopt or 355
414	444		provide foster care pursuant to sections 17a-114, as amended by this act, 356
415	445		and 17a-151; 357
416	446		(33) The Department of Administrative Services, for the purpose of 358
417	447		determining whether an applicant for employment with the state, who 359
	448	+	Raised Bill No. 1311
	449	+
	450	+
	451	+
	452	+	LCO No. 4640 13 of 52
	453	+
418	454		would have contact with children in the course of such employment, 360
419	455		appears on the child abuse or neglect registry maintained pursuant to 361
420	456		section 17a-101k; [and] 362
421	457		(34) Any individual, upon the request of such individual, when the 363
422	458		information concerns an incident of abuse or neglect that resulted in the 364
423	459		fatality or near fatality of a child or youth, provided (A) such disclosure 365
424	460		shall be limited to (i) the cause and circumstances of such fatality or near 366
425	461		fatality, (ii) the age and gender of such child or youth, (iii) a description 367
426	462		of any previous reports of or investigations into child abuse or neglect 368
427	463		that are relevant to the child abuse or neglect that led to such fatality or 369
428	464		near fatality, (iv) the findings of any such investigations, and (v) a 370
429	465		description of any services provided and actions taken by the state on 371
430	466		behalf of such child or youth that are relevant to the child abuse or 372
431	467		neglect that led to such fatality or near fatality, and (B) the department 373
432		-	shall not make any disclosure that is prohibited by the provisions of any 374 Substitute Bill No. 1311
433		-
434		-
435		-	LCO 13 of 50
436		-
	468	+	shall not make any disclosure that is prohibited by the provisions of any 374
437	469		relevant federal law, including, but not limited to, Titles IV-B and IV-E 375
438	470		of the Social Security Act, as amended from time to time. The 376
439	471		department may withhold the disclosure of any records described in 377
440	472		this subdivision if the commissioner determines that such disclosure 378
441	473		may (i) result in harm to the safety or well-being of the child or youth 379
442	474		who is the subject of such records, the family of such child or youth, or 380
443	475		any individual who made a report of abuse or neglect pertaining to such 381
444	476		child or youth, or (ii) interfere with a pending criminal investigation; 382
445	477		and 383
446	478		(35) The Office of Policy and Management, for purposes of labor 384
447	479		relations investigations conducted on behalf of the Department of 385
448	480		Children and Families. 386
449	481		Sec. 4. Section 17a-93 of the general statutes is repealed and the 387
450	482		following is substituted in lieu thereof (Effective July 1, 2025): 388
451	483		As used in sections 17a-90 to 17a-121a, inclusive, section 17a-132 and 389
452	484		sections 17a-145 to 17a-153, inclusive: 390
	485	+	Raised Bill No. 1311
	486	+
	487	+
	488	+
	489	+	LCO No. 4640 14 of 52
	490	+
453	491		(1) "Child" means any person under eighteen years of age, except as 391
454	492		otherwise specified, or any person under twenty-one years of age who 392
455	493		is in full-time attendance in a secondary school, a technical school, a 393
456	494		college or a state-accredited job training program; 394
457	495		(2) "Parent" means natural or adoptive parent; 395
458	496		(3) "Adoption" means the establishment by court order of the legal 396
459	497		relationship of parent and child; 397
460	498		(4) "Guardianship" means guardianship, unless otherwise specified, 398
461	499		of the person of a minor and refers to the obligation of care and control, 399
462	500		the right to custody and the duty and authority to make major decisions 400
463	501		affecting such minor's welfare, including, but not limited to, consent 401
464	502		determinations regarding marriage, enlistment in the armed forces and 402
465	503		major medical, psychiatric or surgical treatment; 403
466		-	(5) "Termination of parental rights" means the complete severance by 404 Substitute Bill No. 1311
467		-
468		-
469		-	LCO 14 of 50
470		-
	504	+	(5) "Termination of parental rights" means the complete severance by 404
471	505		court order of the legal relationship, with all its rights and 405
472	506		responsibilities, between the child and the child's parent or parents so 406
473	507		that the child is free for adoption except it shall not affect the right of 407
474	508		inheritance of such child or the religious affiliation of such child; 408
475	509		(6) "Statutory parent" means the Commissioner of Children and 409
476	510		Families or that child-placing agency appointed by the court for the 410
477	511		purpose of giving a minor child or minor children in adoption; 411
478	512		(7) "Child-placing agency" means any agency within or without the 412
479	513		state of Connecticut licensed or approved by the Commissioner of 413
480	514		Children and Families in accordance with sections 17a-149 and 17a-151, 414
481	515		and in accordance with such standards which shall be established by 415
482	516		regulations of the Department of Children and Families; 416
483	517		(8) "Child care facility" means a congregate residential setting 417
484	518		licensed by the Department of Children and Families for the out-of-418
485	519		home placement of (A) children or youths under eighteen years of age, 419
	520	+	Raised Bill No. 1311
	521	+
	522	+
	523	+
	524	+	LCO No. 4640 15 of 52
	525	+
486	526		[or] (B) any person under twenty-one years of age who is in full-time 420
487	527		attendance in a secondary school, a technical school, a college or state 421
488	528		accredited job training program or is currently homeless or at risk of 422
489	529		homelessness, as defined in section 17a-484a, or (C) any person who 423
490	530		requires special education, until the end of the school year during which 424
491	531		such person reaches age twenty-two, in accordance with the provisions 425
492	532		of section 10-253; 426
493	533		(9) "Protective supervision" means a status created by court order 427
494	534		following adjudication of neglect whereby a child's place of abode is not 428
495	535		changed but assistance directed at correcting the neglect is provided at 429
496	536		the request of the court through the Department of Children and 430
497	537		Families or such other social agency as the court may specify; 431
498	538		(10) "Receiving home" means a facility operated by the Department 432
499	539		of Children and Families to receive and temporarily care for children in 433
500	540		the guardianship or care of the commissioner; 434
501		-	(11) "Protective services" means public welfare services provided 435 Substitute Bill No. 1311
502		-
503		-
504		-	LCO 15 of 50
505		-
	541	+	(11) "Protective services" means public welfare services provided 435
506	542		after complaints of abuse, neglect or abandonment, but in the absence 436
507	543		of an adjudication or assumption of jurisdiction by a court; 437
508	544		(12) "Person responsible for the health, welfare or care of a child or 438
509	545		youth" means a child's or a youth's parent, guardian or foster parent; an 439
510	546		employee of a public or private residential home, agency or institution 440
511	547		or other person legally responsible in a residential setting; or any staff 441
512	548		person providing out-of-home care, such as the provision of child care 442
513	549		services, as described in section 19a-77, in a child care center, group 443
514	550		child care home or family child care home; 444
515	551		(13) "Foster family" means a person or persons, licensed by the 445
516	552		Department of Children and Families or approved by a licensed child-446
517	553		placing agency, for the care of a child or children in a private home; 447
518	554		(14) "Prospective adoptive family" means a person or persons, 448
519	555		licensed by the Department of Children and Families or approved by a 449
	556	+	Raised Bill No. 1311
	557	+
	558	+
	559	+
	560	+	LCO No. 4640 16 of 52
	561	+
520	562		licensed child-placing agency, who is awaiting the placement of, or who 450
521	563		has a child or children placed in their home for the purposes of 451
522	564		adoption; 452
523	565		(15) "Person entrusted with the care of a child or youth" means a 453
524	566		person given access to a child or youth by a person responsible for the 454
525	567		health, welfare or care of a child or youth for the purpose of providing 455
526	568		education, child care, counseling, spiritual guidance, coaching, training, 456
527	569		instruction, tutoring or mentoring of such child or youth; 457
528	570		(16) "Qualified residential treatment program" has the same meaning 458
529	571		as provided in the Social Security Act, 42 USC 672(k)(4), as amended 459
530	572		from time to time; and 460
531	573		(17) "Qualified individual" has the same meaning as provided in the 461
532	574		Social Security Act, 42 USC 675a(c)(1), as amended from time to time. 462
533		-	Sec. 5. ~~(NEW)~~ (Effective July 1, 2025) (a) For purposes of this section, 463
	575	+	Sec. 5. (Effective July 1, 2025) (a) For purposes of this section, 463
534	576		"caregiver" has the same meaning as provided in section 17a-114d of the 464
535		-	general statutes. 465 Substitute Bill No. 1311
536		-
537		-
538		-	LCO 16 of 50
539		-
	577	+	general statutes. 465
540	578		(b) Not later than January 1, 2026, the Commissioner of Children and 466
541	579		Families shall, in consultation with caregivers, develop a foster parent 467
542	580		bill of rights and incorporate such bill of rights into department policy. 468
543	581		Such bill of rights shall be consistent with applicable federal and state 469
544	582		laws and include, but not be limited to, (1) a statement of the principles 470
545	583		and values that form the basis for such bill of rights, and (2) the rights 471
546	584		and obligations of caregivers, children in foster care and the Department 472
547	585		of Children and Families. 473
548	586		Sec. 6. Section 17a-175 of the general statutes is repealed and the 474
549	587		following is substituted in lieu thereof (Effective upon enactment of the 475
550	588		revised Interstate Compact on the Placement of Children by thirty-five 476
551	589		jurisdictions): 477
552	590		[The Interstate Compact on the Placement of Children is hereby 478
	591	+	Raised Bill No. 1311
	592	+
	593	+
	594	+
	595	+	LCO No. 4640 17 of 52
	596	+
553	597		enacted into law and entered into with all other jurisdictions legally 479
554	598		joining therein in form substantially as follows: 480
555	599		INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN 481
556	600		ARTICLE I. Purpose and Policy 482
557	601		It is the purpose and policy of the party states to cooperate with each 483
558	602		other in the interstate placement of children to the end that: 484
559	603		(a) Each child requiring placement shall receive the maximum 485
560	604		opportunity to be placed in a suitable environment and with persons or 486
561	605		institutions having appropriate qualifications and facilities to provide a 487
562	606		necessary and desirable degree and type of care. 488
563	607		(b) The appropriate authorities in a state where a child is to be placed 489
564	608		may have full opportunity to ascertain the circumstances of the 490
565	609		proposed placement, thereby promoting full compliance with 491
566	610		applicable requirements for the protection of the child. 492
567	611		(c) The proper authorities of the state from which the placement is 493
568	612		made may obtain the most complete information on the basis of which 494
569		-	to evaluate a projected placement before it is made. 495 Substitute Bill No. 1311
570		-
571		-
572		-	LCO 17 of 50
573		-
	613	+	to evaluate a projected placement before it is made. 495
574	614		(d) Appropriate jurisdictional arrangements for the care of children 496
575	615		will be promoted. 497
576	616		ARTICLE II. Definitions 498
577	617		As used in this compact: 499
578	618		(a) "Child" means a person who, by reason of minority, is legally 500
579	619		subject to parental, guardianship or similar control. 501
580	620		(b) "Sending agency" means a party state, officer or employee thereof; 502
581	621		a subdivision of a party state, or officer or employee thereof; a court of 503
582	622		a party state; a person, corporation, association, charitable agency or 504
583	623		other entity which sends, brings, or causes to be sent or brought any 505
	624	+	Raised Bill No. 1311
	625	+
	626	+
	627	+
	628	+	LCO No. 4640 18 of 52
	629	+
584	630		child to another party state. 506
585	631		(c) "Receiving state" means the state to which a child is sent, brought, 507
586	632		or caused to be sent or brought, whether by public authorities or private 508
587	633		persons or agencies, and whether for placement with state or local 509
588	634		public authorities or for placement with private agencies or persons. 510
589	635		(d) "Placement" means the arrangement for the care of a child in a 511
590	636		family free or boarding home or in a child-caring agency or institution 512
591	637		but does not include any institution caring for the mentally ill, mentally 513
592	638		defective or epileptic or any institution primarily educational in 514
593	639		character, and any hospital or other medical facility. 515
594	640		ARTICLE III. Conditions for Placement 516
595	641		(a) No sending state shall send, bring, or cause to be sent or brought 517
596	642		into any other party state any child for placement in foster care or as a 518
597	643		preliminary to a possible adoption unless the sending agency shall 519
598	644		comply with each and every requirement set forth in this article and 520
599	645		with the applicable laws of the receiving state governing the placement 521
600	646		of children therein. 522
601	647		(b) Prior to sending, bringing or causing any child to be sent or 523
602		-	brought into a receiving state for placement in foster care or as a 524 Substitute Bill No. 1311
603		-
604		-
605		-	LCO 18 of 50
606		-
	648	+	brought into a receiving state for placement in foster care or as a 524
607	649		preliminary to a possible adoption, the sending agency shall furnish the 525
608	650		appropriate public authorities in the receiving state written notice of the 526
609	651		intention to send, bring, or place the child in the receiving state. The 527
610	652		notice shall contain: 528
611	653		(1) The name, date and place of birth of the child. 529
612	654		(2) The identity and address or addresses of the parents or legal 530
613	655		guardian. 531
614	656		(3) The name and address of the person, agency or institution to or 532
615	657		with which the sending agency proposes to send, bring, or place the 533
616	658		child. 534
	659	+	Raised Bill No. 1311
	660	+
	661	+
	662	+
	663	+	LCO No. 4640 19 of 52
	664	+
617	665		(4) A full statement of the reasons for such proposed action and 535
618	666		evidence of the authority pursuant to which the placement is proposed 536
619	667		to be made. 537
620	668		(c) Any public officer or agency in a receiving state which is in receipt 538
621	669		of a notice pursuant to paragraph (b) of this article may request of the 539
622	670		sending agency, or any other appropriate officer or agency of or in the 540
623	671		sending agency's state, and shall be entitled to receive therefrom, such 541
624	672		supporting or additional information as it may deem necessary under 542
625	673		the circumstances to carry out the purpose and policy of this compact. 543
626	674		(d) The child shall not be sent, brought, or caused to be sent or 544
627	675		brought into the receiving state until the appropriate public authorities 545
628	676		in the receiving state shall notify the sending agency, in writing, to the 546
629	677		effect that the proposed placement does not appear to be contrary to the 547
630	678		interests of the child. 548
631	679		ARTICLE IV. Penalty for Illegal Placement 549
632	680		The sending, bringing, or causing to be sent or brought into any 550
633	681		receiving state of a child in violation of the terms of this compact shall 551
634	682		constitute a violation of the laws respecting the placement of children of 552
635	683		both the state in which the sending agency is located or from which it 553
636		-	sends or brings the child and of the receiving state. Such violation may 554 Substitute Bill No. 1311
637		-
638		-
639		-	LCO 19 of 50
640		-
	684	+	sends or brings the child and of the receiving state. Such violation may 554
641	685		be punished or subjected to penalty in either jurisdiction in accordance 555
642	686		with its laws. In addition to liability for any such punishment or penalty, 556
643	687		any such violation shall constitute full and sufficient grounds for the 557
644	688		suspension or revocation of any license, permit, or other legal 558
645	689		authorization held by the sending agency which empowers or allows it 559
646	690		to place, or care for children. 560
647	691		ARTICLE V. Retention of Jurisdiction 561
648	692		(a) The sending agency shall retain jurisdiction over the child 562
649	693		sufficient to determine all matters in relation to the custody, 563
650	694		supervision, care, treatment and disposition of the child which it would 564
	695	+	Raised Bill No. 1311
	696	+
	697	+
	698	+
	699	+	LCO No. 4640 20 of 52
	700	+
651	701		have had if the child had remained in the sending agency's state, until 565
652	702		the child is adopted, reaches majority, becomes self-supporting or is 566
653	703		discharged with the concurrence of the appropriate authority in the 567
654	704		receiving state. Such jurisdiction shall also include the power to effect 568
655	705		or cause the return of the child or its transfer to another location and 569
656	706		custody pursuant to law. The sending agency shall continue to have 570
657	707		financial responsibility for support and maintenance of the child during 571
658	708		the period of the placement. Nothing contained herein shall defeat a 572
659	709		claim of jurisdiction by a receiving state sufficient to deal with an act of 573
660	710		delinquency or crime committed therein. 574
661	711		(b) When the sending agency is a public agency, it may enter into an 575
662	712		agreement with an authorized public or private agency in the receiving 576
663	713		state providing for the performance of one or more services in respect 577
664	714		of such case by the latter as agent for the sending agency. 578
665	715		(c) Nothing in this compact shall be construed to prevent a private 579
666	716		charitable agency authorized to place children in the receiving state 580
667	717		from performing services or acting as agent in that state for a private 581
668	718		charitable agency of the sending state; nor to prevent the agency in the 582
669	719		receiving state from discharging financial responsibility for the support 583
670	720		and maintenance of a child who has been placed on behalf of the 584
671	721		sending agency without relieving the responsibility set forth in 585
672		-	paragraph (a) hereof. 586 Substitute Bill No. 1311
673		-
674		-
675		-	LCO 20 of 50
676		-
	722	+	paragraph (a) hereof. 586
677	723		ARTICLE VI. Institutional Care of Delinquent Children 587
678	724		A child adjudicated delinquent may be placed in an institution in 588
679	725		another party jurisdiction pursuant to this compact but no such 589
680	726		placement shall be made unless the child is given a court hearing on 590
681	727		notice to the parent or guardian with opportunity to be heard, prior to 591
682	728		his being sent to such other party jurisdiction for institutional care and 592
683	729		the court finds that: 593
684	730		1. Equivalent facilities for the child are not available in the sending 594
685	731		agency's jurisdiction; and 595
	732	+	Raised Bill No. 1311
	733	+
	734	+
	735	+
	736	+	LCO No. 4640 21 of 52
	737	+
686	738		2. Institutional care in the other jurisdiction is in the best interest of 596
687	739		the child and will not produce undue hardship. 597
688	740		ARTICLE VII. Compact Administrator 598
689	741		The executive head of each jurisdiction party to this compact shall 599
690	742		designate an officer who shall be general coordinator of activities under 600
691	743		this compact in his jurisdiction and who, acting jointly with like officers 601
692	744		of other party jurisdictions, shall have power to promulgate rules and 602
693	745		regulations to carry out more effectively the terms and provisions of this 603
694	746		compact. 604
695	747		ARTICLE VIII. Limitations 605
696	748		This compact shall not apply to: 606
697	749		(a) The sending or bringing of a child into a receiving state by his 607
698	750		parent, stepparent, grandparent, adult brother or sister, adult uncle or 608
699	751		aunt, or his guardian and leaving the child with any such relative or 609
700	752		nonagency guardian in the receiving state. 610
701	753		(b) Any placement, sending or bringing of a child into a receiving 611
702	754		state pursuant to any other interstate compact to which both the state 612
703	755		from which the child is sent or brought and the receiving state are party, 613
704	756		or to any other agreement between said states which has the force of 614
705		-	law. 615 Substitute Bill No. 1311
706		-
707		-
708		-	LCO 21 of 50
709		-
	757	+	law. 615
710	758		ARTICLE IX. Enactment and Withdrawal 616
711	759		This compact shall be open to joinder by any state, territory or 617
712	760		possession of the United States, the District of Columbia, the 618
713	761		Commonwealth of Puerto Rico, and, with the consent of Congress, the 619
714	762		Government of Canada or any province thereof. It shall become effective 620
715	763		with respect to any such jurisdiction when such jurisdiction has enacted 621
716	764		the same into law. Withdrawal from this compact shall be by the 622
717	765		enactment of a statute repealing the same, but shall not take effect until 623
718	766		two years after the effective date of such statute and until written notice 624
	767	+	Raised Bill No. 1311
	768	+
	769	+
	770	+
	771	+	LCO No. 4640 22 of 52
	772	+
719	773		of the withdrawal has been given by the withdrawing state to the 625
720	774		governor of each other party jurisdiction. Withdrawal of a party state 626
721	775		shall not affect the rights, duties and obligations under this compact of 627
722	776		any sending agency therein with respect to a placement made prior to 628
723	777		the effective date of withdrawal. 629
724	778		ARTICLE X. Construction and Severability 630
725	779		The provisions of this compact shall be liberally construed to 631
726	780		effectuate the purposes thereof. The provisions of this compact shall be 632
727	781		severable and if any phrase, clause, sentence or provision of this 633
728	782		compact is declared to be contrary to the constitution of any party state 634
729	783		or of the United States or the applicability thereof to any government, 635
730	784		agency, person or circumstance is held invalid, the validity of the 636
731	785		remainder of this compact and the applicability thereof to any 637
732	786		government, agency, person or circumstance shall not be affected 638
733	787		thereby. If this compact shall be held contrary to the constitution of any 639
734	788		state party thereto, the compact shall remain in full force and effect as to 640
735	789		the remaining states and in full force and effect as to the state affected 641
736	790		as to all severable matters.] 642
737	791		Compact. The Interstate Compact on the Placement of Children is 643
738	792		hereby enacted into law and entered into with all other jurisdictions 644
739	793		legally joining therein in a form substantially as follows: 645
740		-	INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN 646 Substitute Bill No. 1311
741		-
742		-
743		-	LCO 22 of 50
744		-
	794	+	INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN 646
745	795		ARTICLE I. Purpose 647
746	796		The purpose of this Interstate Compact for the Placement of Children 648
747	797		is to: 649
748	798		(1) Provide a process through which children subject to this compact 650
749	799		are placed in safe and suitable homes in a timely manner; 651
750	800		(2) Facilitate ongoing supervision of a placement, the delivery of 652
751	801		services, and communication between the states; 653
	802	+	Raised Bill No. 1311
	803	+
	804	+
	805	+
	806	+	LCO No. 4640 23 of 52
	807	+
752	808		(3) Provide operating procedures that will ensure that children are 654
753	809		placed in safe and suitable homes in a timely manner; 655
754	810		(4) Provide for the promulgation and enforcement of administrative 656
755	811		rules implementing the provisions of this compact and regulating the 657
756	812		covered activities of the member states; 658
757	813		(5) Provide for uniform data collection and information sharing 659
758	814		between member states under this compact; 660
759	815		(6) Promote coordination between this compact, the Interstate 661
760	816		Compact for Juveniles, the Interstate Compact on Adoption and 662
761	817		Medical Assistance and other compacts affecting the placement of and 663
762	818		that provide services to children otherwise subject to this compact; 664
763	819		(7) Provide for a state's continuing legal jurisdiction and 665
764		-	responsibility for placement and care of a child that ~~such state~~ would 666
765		-	~~have had~~ if the placement were intrastate; and 667
	820	+	responsibility for placement and care of a child that it would have had 666
	821	+	if the placement were intrastate; and 667
766	822		(8) Provide for the promulgation of guidelines, in collaboration with 668
767	823		Indian tribes, for interstate cases involving Indian children as is or may 669
768	824		be permitted by federal law. 670
769	825		ARTICLE II. Definitions 671
770	826		As used in this compact: 672
771		-	(1) "Approved placement" means the public child placing agency in 673 Substitute Bill No. 1311
772		-
773		-
774		-	LCO 23 of 50
775		-
	827	+	(1) "Approved placement" means the public child placing agency in 673
776	828		the receiving state has determined that the placement is both safe and 674
777	829		suitable for the child; 675
778	830		(2) "Assessment" means an evaluation of a prospective placement by 676
779	831		a public child placing agency in the receiving state to determine if the 677
780	832		placement meets the individualized needs of the child, including, but 678
781	833		not limited to, the child's safety and stability, health and well-being and 679
782		-	mental, emotional and physical development. An assessment is only 680
	834	+	mental, emotional, and physical development. An assessment is only 680
783	835		applicable to a placement by a public child placing agency; 681
	836	+	Raised Bill No. 1311
	837	+
	838	+
	839	+
	840	+	LCO No. 4640 24 of 52
	841	+
784	842		(3) "Child" means an individual who has not attained the age of 682
785	843		eighteen; 683
786	844		(4) "Certification" means to attest, declare or swear to before a judge 684
787	845		or notary public; 685
788	846		(5) "Default" means the failure of a member state to perform the 686
789	847		obligations or responsibilities imposed upon it by this compact, the 687
790	848		bylaws or rules of the Interstate Commission; 688
791	849		(6) "Home study" means an evaluation of a home environment 689
792	850		conducted in accordance with the applicable requirements of the state 690
793		-	in which the home is located, and ~~documentation of~~ the preparation and 691
	851	+	in which the home is located, and documents the preparation and the 691
794	852		suitability of the placement resource for placement of a child in 692
795	853		accordance with the laws and requirements of the state in which the 693
796	854		home is located; 694
797	855		(7) "Indian tribe" means any Indian tribe, band, nation or other 695
798	856		organized group or community of Indians recognized as eligible for 696
799	857		services provided to Indians by the Secretary of the Interior because of 697
800	858		their status as Indians, including any native village, as defined in the 698
801	859		Alaska Native Claims Settlement Act, 43 USC 1602 (c); 699
802		-	(8) "Interstate Commission for the Placement of Children" or 700
803		-	"Interstate Commission" means the commission created under Article 701
804		-	VIII of this compact; 702
805		-	(9) "Jurisdiction" means the power and authority of a court to hear 703 Substitute Bill No. 1311
806		-
807		-
808		-	LCO 24 of 50
809		-
	860	+	(8) "Interstate Commission for the Placement of Children" means the 700
	861	+	commission that is created under Article VIII of this compact and which 701
	862	+	is generally referred to as the Interstate Commission; 702
	863	+	(9) "Jurisdiction" means the power and authority of a court to hear 703
810	864		and decide matters; 704
811	865		(10) "Legal risk placement" or "legal risk adoption" means a 705
812	866		placement made preliminary to an adoption where the prospective 706
813	867		adoptive parents acknowledge in writing that a child may be ordered 707
814	868		returned to the sending state or the birth mother's state of residence, if 708
815	869		different from the sending state, and a final decree of adoption shall not 709
816	870		be entered in any jurisdiction until all required consents are obtained or 710
	871	+	Raised Bill No. 1311
	872	+
	873	+
	874	+
	875	+	LCO No. 4640 25 of 52
	876	+
817	877		are dispensed with in accordance with applicable law; 711
818	878		(11) "Member state" means a state that has enacted this compact; 712
819	879		(12) "Noncustodial parent" means a person who, at the time of the 713
820	880		commencement of court proceedings in the sending state, does not have 714
821		-	sole legal custody of the child or has joint legal custody of ~~the~~ child, and 715
	881	+	sole legal custody of the child or has joint legal custody of a child, and 715
822	882		who is not the subject of allegations or findings of child abuse or neglect; 716
823	883		(13) "Nonmember state" means a state that has not enacted this 717
824	884		compact; 718
825	885		(14) "Notice of residential placement" means (A) information 719
826	886		regarding a placement into a residential facility provided to the 720
827	887		receiving state, including, but not limited to, the name, date and place 721
828	888		of birth of the child, the identity and address of the parent or legal 722
829		-	guardian, evidence of authority to make the placement and the name 723
	889	+	guardian, evidence of authority to make the placement, and the name 723
830	890		and address of the facility in which the child will be placed, and (B) 724
831	891		information regarding a discharge and any unauthorized absence from 725
832	892		the facility; 726
833	893		(15) "Placement" means the act by a public or private child placing 727
834	894		agency intended to arrange for the care or custody of a child in another 728
835	895		state; 729
836	896		(16) "Private child placing agency" means any private corporation, 730
837		-	agency, foundation, institution or charitable organization ~~and~~ any 731
	897	+	agency, foundation, institution or charitable organization, or any 731
838	898		private person or attorney that facilitates, causes or is involved in the 732
839		-	placement of a child from one state to another and that is not an 733 Substitute Bill No. 1311
840		-
841		-
842		-	LCO 25 of 50
843		-
	899	+	placement of a child from one state to another and that is not an 733
844	900		instrumentality of the state or acting under color of state law; 734
845	901		(17) "Provisional placement" means a determination made by the 735
846	902		public child placing agency in the receiving state that the proposed 736
847	903		placement is safe and suitable, and, to the extent allowable, the receiving 737
848	904		state has temporarily waived its standards or requirements otherwise 738
849	905		applicable to prospective foster or adoptive parents so as to not delay 739
	906	+	Raised Bill No. 1311
	907	+
	908	+
	909	+
	910	+	LCO No. 4640 26 of 52
	911	+
850	912		the placement. Completion of the receiving state requirements 740
851	913		regarding training for prospective foster or adoptive parents shall not 741
852	914		delay an otherwise safe and suitable placement; 742
853	915		(18) "Public child placing agency" means any government child 743
854	916		welfare agency or child protection agency or a private entity under 744
855	917		contract with such an agency, regardless of whether such agency acts on 745
856	918		behalf of a state, county, municipality or other governmental unit and 746
857	919		that facilitates, causes or is involved in the placement of a child from one 747
858	920		state to another; 748
859	921		(19) "Receiving state" means the state to which a child is sent, brought 749
860	922		or caused to be sent or brought; 750
861	923		(20) "Relative" means a person who is related to the child as a parent, 751
862	924		step parent, sibling by half or whole blood or by adoption, grandparent, 752
863	925		aunt, uncle or first cousin or a nonrelative with such significant ties to 753
864		-	the child that such person is regarded as ~~a relative~~ as determined ~~by the~~ 754
865		-	court in the sending state; 755
	926	+	the child that such person may be regarded as relatives as determined 754
	927	+	by the court in the sending state; 755
866	928		(21) "Residential facility" means a facility providing a level of care 756
867	929		that is sufficient to substitute for parental responsibility or foster care, 757
868	930		and is beyond what is needed for assessment or treatment of an acute 758
869	931		condition. "Residential facility" does not include institutions primarily 759
870	932		educational in character, hospitals or other medical facilities; 760
871	933		(22) "Rule" means a written directive, mandate, standard or principle 761
872		-	promulgated by the Interstate Commission pursuant to Article XI of this 762
873		-	compact that is of general applicability and that implements, interprets 763
874		-	or prescribes a policy or provision of this compact. A rule has the force 764 Substitute Bill No. 1311
	934	+	issued by the Interstate Commission promulgated pursuant to Article 762
	935	+	XI of this compact that is of general applicability and that implements, 763
	936	+	interprets or prescribes a policy or provision of this compact. "Rule" has 764
	937	+	the force and effect of an administrative rule in a member state, and 765
	938	+	includes the amendment, repeal or suspension of an existing rule; 766
	939	+	(23) "Sending state" means the state from which the placement of a 767
	940	+	child is initiated; 768
	941	+	Raised Bill No. 1311
875	942
876	943
877		-	LCO 26 of 50
878	944
879		-	and effect of an administrative rule in a member state, and includes the 765
880		-	amendment, repeal or suspension of an existing rule; 766
881		-	(23) "Sending state" means the state from which the placement of a 767
882		-	child is initiated; 768
	945	+	LCO No. 4640 27 of 52
	946	+
883	947		(24) "Service member's permanent duty station" means the military 769
884	948		installation where an active duty armed services member is currently 770
885	949		assigned and is physically located under competent orders that do not 771
886	950		specify the duty as temporary; 772
887	951		(25) "Service member's state of legal residence" means the state in 773
888	952		which the active duty armed services member is considered a resident 774
889	953		for tax and voting purposes; 775
890	954		(26) "State" means a state of the United States, the District of 776
891		-	Columbia, the Commonwealth of Puerto Rico, the ~~United States~~ Virgin 777
892		-	~~Islands,~~ Guam, American Samoa, the Northern Mariana Islands and any 778
893		-	~~other~~ territory of the United States; 779
	955	+	Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, 777
	956	+	Guam, American Samoa, the Northern Mariana Islands and any other 778
	957	+	territory of the United States; 779
894	958		(27) "State court" means a judicial body of a state that is vested by law 780
895	959		with responsibility for adjudicating cases involving abuse, neglect, 781
896	960		deprivation, delinquency or status offenses of individuals who have not 782
897	961		attained the age of eighteen; and 783
898	962		(28) "Supervision" means monitoring provided by the receiving state 784
899	963		once a child has been placed in a receiving state pursuant to this 785
900	964		compact. 786
901	965		ARTICLE III. Applicability 787
902	966		(a) Except as otherwise provided in subsection (b) of this article, this 788
903	967		compact shall apply to: 789
904	968		(1) The interstate placement of a child subject to ongoing court 790
905	969		jurisdiction in the sending state, due to allegations or findings that the 791
906	970		child has been abused, neglected or deprived as defined by the laws of 792
907		-	the sending state, provided the placement of such a child into a 793 Substitute Bill No. 1311
908		-
909		-
910		-	LCO 27 of 50
911		-
	971	+	the sending state, provided that the placement of such a child into a 793
912	972		residential facility shall only require notice of residential placement to 794
913	973		the receiving state prior to placement. 795
914	974		(2) The interstate placement of a child adjudicated delinquent or 796
915	975		unmanageable based on the laws of the sending state and subject to 797
	976	+	Raised Bill No. 1311
	977	+
	978	+
	979	+
	980	+	LCO No. 4640 28 of 52
	981	+
916	982		ongoing court jurisdiction of the sending state if: 798
917	983		(A) The child is being placed in a residential facility in another 799
918	984		member state and is not covered under another compact; or 800
919	985		(B) The child is being placed in another member state and the 801
920	986		determination of safety and suitability of the placement and services 802
921	987		required is not provided through another compact. 803
922	988		(3) The interstate placement of any child by a public child placing 804
923	989		agency or private child placing agency as a preliminary step to a 805
924	990		possible adoption. 806
925	991		(b) The provisions of this compact shall not apply to: 807
926	992		(1) The interstate placement of a child in a custody proceeding in 808
927		-	which a public child placing agency is not a party, provided the 809
	993	+	which a public child placing agency is not a party, provided that the 809
928	994		placement is not intended to effectuate an adoption; 810
929	995		(2) The interstate placement of a child with a nonrelative in a 811
930	996		receiving state by a parent with the legal authority to make such a 812
931	997		placement, provided the placement is not intended to effectuate an 813
932	998		adoption; 814
933	999		(3) The interstate placement of a child by one relative with the lawful 815
934	1000		authority to make such a placement directly with a relative in a 816
935	1001		receiving state; 817
936	1002		(4) The placement of a child not subject to subsection (a) of this article 818
937	1003		into a residential facility by his parent; 819
938	1004		(5) The placement of a child with a noncustodial parent, provided: 820
939		-	(A) The noncustodial parent proves to the satisfaction of a court in 821 Substitute Bill No. 1311
940		-
941		-
942		-	LCO 28 of 50
943		-
	1005	+	(A) The noncustodial parent proves to the satisfaction of a court in 821
944	1006		the sending state the existence of a substantial relationship with the 822
945	1007		child; 823
946	1008		(B) The court in the sending state makes a written finding that 824
	1009	+	Raised Bill No. 1311
	1010	+
	1011	+
	1012	+
	1013	+	LCO No. 4640 29 of 52
	1014	+
947	1015		placement with the noncustodial parent is in the best interests of the 825
948	1016		child; and 826
949	1017		(C) The court in the sending state dismisses its jurisdiction in 827
950	1018		interstate placements in which the public child placing agency is a party 828
951	1019		to the proceeding; 829
952	1020		(6) A child entering the United States from a foreign country for the 830
953	1021		purpose of adoption or leaving the United States to go to a foreign 831
954	1022		country for the purpose of adoption in that country; 832
955	1023		(7) Cases in which a United States citizen child living overseas with 833
956	1024		his or her family, at least one of whom is in the United States armed 834
957	1025		services, and who is stationed overseas, is removed and placed in a state; 835
958	1026		or 836
959	1027		(8) The sending of a child by a public child placing agency or a private 837
960	1028		child placing agency for a visit as defined by the rules of the Interstate 838
961	1029		Commission. 839
962	1030		(c) For purposes of determining the applicability of this compact to 840
963	1031		the placement of a child with a family in the United States armed 841
964	1032		services, the public child placing agency or private child placing agency 842
965	1033		may choose the state of the armed service member's permanent duty 843
966		-	station or the service member's ~~state of~~ legal residence. 844
	1034	+	station or the armed service member's declared legal residence. 844
967	1035		(d) Nothing in this compact shall be construed to prohibit the 845
968	1036		concurrent application of the provisions of this compact with other 846
969	1037		applicable interstate compacts, including the Interstate Compact for 847
970	1038		Juveniles and the Interstate Compact on Adoption and Medical 848
971	1039		Assistance. The Interstate Commission may, in cooperation with other 849
972	1040		interstate compact commissions having responsibility for the interstate 850
973		-	movement, placement or transfer of children, promulgate like rules to 851 Substitute Bill No. 1311
974		-
975		-
976		-	LCO 29 of 50
977		-
	1041	+	movement, placement or transfer of children, promulgate like rules to 851
978	1042		ensure the coordination of services, timely placement of children and 852
979	1043		the reduction of unnecessary or duplicative administrative or 853
980	1044		procedural requirements. 854
	1045	+	Raised Bill No. 1311
	1046	+
	1047	+
	1048	+
	1049	+	LCO No. 4640 30 of 52
	1050	+
981	1051		ARTICLE IV. Jurisdiction 855
982	1052		(a) Except as provided in subsection (h) of this article and 856
983	1053		subdivisions (2) and (3) of subsection (b) of article V of this compact 857
984	1054		concerning private and independent adoptions, and in interstate 858
985	1055		placements in which the public child placing agency is not a party to a 859
986	1056		custody proceeding, the sending state shall retain jurisdiction over a 860
987	1057		child with respect to all matters of custody and disposition of the child 861
988	1058		that it would have had if the child had remained in the sending state. 862
989	1059		Such jurisdiction shall also include the power to order the return of the 863
990	1060		child to the sending state. 864
991	1061		(b) When an issue of child protection or custody is brought before a 865
992	1062		court in the receiving state, such court shall confer with the court of the 866
993	1063		sending state to determine the most appropriate forum for adjudication. 867
994	1064		(c) In cases that are before courts and subject to this compact, the 868
995	1065		taking of testimony for hearings before any judicial officer may occur in 869
996		-	person, by telephone, by audio-video conference or by such other means 870
997		-	as are approved by the rules of the Interstate Commission, and judicial 871
998		-	officers may communicate with other judicial officers and persons 872
999		-	involved in the interstate process to the extent permitted by such courts' 873
1000		-	canons of judicial conduct and any rules promulgated by the Interstate 874
1001		-	Commission. 875
1002		-	(d) In accordance with its own laws, the court in the sending state 876
1003		-	shall have authority to terminate its jurisdiction if: 877
1004		-	(1) The child is reunified with the parent in the receiving state who is 878
1005		-	the subject of allegations or findings of abuse or neglect, only with the 879
1006		-	concurrence of the public child placing agency in the receiving state; 880
1007		-	(2) The child is adopted; 881 Substitute Bill No. 1311
	1066	+	person or by telephone, audio-video conference or such other means as 870
	1067	+	approved by the rules of the Interstate Commission, and judicial officers 871
	1068	+	may communicate with other judicial officers and persons involved in 872
	1069	+	the interstate process as may be permitted by their Canons of Judicial 873
	1070	+	Conduct and any rules promulgated by the Interstate Commission. 874
	1071	+	(d) In accordance with its own laws, the court in the sending state 875
	1072	+	shall have authority to terminate its jurisdiction if: 876
	1073	+	(1) The child is reunified with the parent in the receiving state who is 877
	1074	+	the subject of allegations or findings of abuse or neglect, only with the 878
	1075	+	concurrence of the public child placing agency in the receiving state; 879
	1076	+	(2) The child is adopted; 880
	1077	+	(3) The child reaches the age of majority under the laws of the sending 881
	1078	+	state; 882
	1079	+	(4) The child achieves legal independence pursuant to the laws of the 883
	1080	+	Raised Bill No. 1311
1008	1081
1009	1082
1010		-	LCO 30 of 50
1011	1083
1012		-	(3) The child reaches the age of majority under the laws of the sending 882
1013		-	state; 883
1014		-	(4) The child achieves legal independence pursuant to the laws of the 884
1015		-	sending state; 885
1016		-	(5) A guardianship is created by a court in the receiving state with the 886
1017		-	concurrence of the court in the sending state; 887
1018		-	(6) An Indian tribe has petitioned for and received jurisdiction from 888
1019		-	the court in the sending state; or 889
1020		-	(7) The public child placing agency of the sending state requests 890
1021		-	termination and has obtained the concurrence of the public child placing 891
1022		-	agency in the receiving state. 892
1023		-	(e) When a sending state court terminates its jurisdiction, the 893
1024		-	receiving state child placing agency shall be notified. 894
1025		-	(f) Nothing in this article shall defeat a claim of jurisdiction by a 895
1026		-	receiving state court sufficient to adjudicate an act of truancy, 896
1027		-	delinquency or crime or behavior involving a child as defined by the 897
1028		-	laws of the receiving state committed by the child in the receiving state 898
1029		-	that is a violation of its laws. 899
1030		-	(g) Nothing in this article shall limit the receiving state's ability to take 900
1031		-	emergency jurisdiction for the protection of the child. 901
1032		-	(h) The substantive laws of the state in which an adoption is pending 902
1033		-	shall solely govern all issues relating to the adoption of the child and the 903
1034		-	court in which the adoption proceeding is filed shall have subject matter 904
1035		-	jurisdiction regarding all substantive issues relating to the adoption, 905
1036		-	except when: 906
1037		-	(1) The child is a ward of another court that established jurisdiction 907
1038		-	over the child prior to the placement; 908
1039		-	(2) The child is in the legal custody of a public agency in the sending 909 Substitute Bill No. 1311
	1084	+	LCO No. 4640 31 of 52
	1085	+
	1086	+	sending state; 884
	1087	+	(5) A guardianship is created by a court in the receiving state with the 885
	1088	+	concurrence of the court in the sending state; 886
	1089	+	(6) An Indian tribe has petitioned for and received jurisdiction from 887
	1090	+	the court in the sending state; or 888
	1091	+	(7) The public child placing agency of the sending state requests 889
	1092	+	termination and has obtained the concurrence of the public child placing 890
	1093	+	agency in the receiving state. 891
	1094	+	(e) When a sending state court terminates its jurisdiction, the 892
	1095	+	receiving state child placing agency shall be notified. 893
	1096	+	(f) Nothing in this article shall defeat a claim of jurisdiction by a 894
	1097	+	receiving state court sufficient to deal with an act of truancy, 895
	1098	+	delinquency, crime or behavior involving a child as defined by the laws 896
	1099	+	of the receiving state committed by the child in the receiving state that 897
	1100	+	would be a violation of its laws. 898
	1101	+	(g) Nothing in this article shall limit the receiving state's ability to take 899
	1102	+	emergency jurisdiction for the protection of the child. 900
	1103	+	(h) The substantive laws of the state in which an adoption will be 901
	1104	+	finalized shall solely govern all issues relating to the adoption of the 902
	1105	+	child and the court in which the adoption proceeding is filed shall have 903
	1106	+	subject matter jurisdiction regarding all substantive issues relating to 904
	1107	+	the adoption, except when: 905
	1108	+	(1) The child is a ward of another court that established jurisdiction 906
	1109	+	over the child prior to the placement; 907
	1110	+	(2) The child is in the legal custody of a public agency in the sending 908
	1111	+	state; or 909
	1112	+	(3) A court in the sending state has otherwise appropriately assumed 910
	1113	+	Raised Bill No. 1311
1040	1114
1041	1115
1042		-	LCO 31 of 50
1043	1116
1044		-	state; or 910
1045		-	(3) A court in the sending state has otherwise appropriately assumed 911
1046		-	jurisdiction over the child, prior to the submission of the request for 912
1047		-	approval of placement. 913
1048		-	(i) A final decree of adoption shall not be entered in any jurisdiction 914
1049		-	until the placement is authorized as an approved placement by the 915
1050		-	public child placing agency in the receiving state. 916
1051		-	ARTICLE V. Placement Evaluation 917
1052		-	(a) Prior to sending, bringing or causing a child to be sent or brought 918
1053		-	into a receiving state, the public child placing agency shall provide a 919
1054		-	written request for assessment to the receiving state. 920
1055		-	(b) For placements by a private child placing agency, a child may be 921
1056		-	sent or brought, or caused to be sent or brought, into a receiving state, 922
1057		-	upon receipt and immediate review of the required content in a request 923
1058		-	for approval of a placement in both the sending and receiving state 924
1059		-	public child placing agency. The required content to accompany a 925
1060		-	request for approval shall include all of the following: 926
1061		-	(1) A request for approval identifying the child, one or both birth 927
1062		-	parents, one or both prospective adoptive parents and the supervising 928
1063		-	agency, signed by the person requesting approval; 929
1064		-	(2) The appropriate consents or relinquishments signed by the birth 930
1065		-	parents in accordance with the laws of the sending state, or where 931
1066		-	permitted under the laws of the state where the adoption is pending; 932
	1117	+	LCO No. 4640 32 of 52
	1118	+
	1119	+	jurisdiction over the child, prior to the submission of the request for 911
	1120	+	approval of placement. 912
	1121	+	(i) A final decree of adoption shall not be entered in any jurisdiction 913
	1122	+	until the placement is authorized as an approved placement by the 914
	1123	+	public child placing agency in the receiving state. 915
	1124	+	ARTICLE V. Placement Evaluation 916
	1125	+	(a) Prior to sending, bringing or causing a child to be sent or brought 917
	1126	+	into a receiving state, the public child placing agency shall provide a 918
	1127	+	written request for assessment to the receiving state. 919
	1128	+	(b) For placements by a private child placing agency, a child may be 920
	1129	+	sent or brought, or caused to be sent or brought, into a receiving state, 921
	1130	+	upon receipt and immediate review of the required content in a request 922
	1131	+	for approval of a placement in both the sending and receiving state 923
	1132	+	public child placing agency. The required content to accompany a 924
	1133	+	request for approval shall include all of the following: 925
	1134	+	(1) A request for approval identifying the child, one or both birth 926
	1135	+	parents, one or both of the prospective adoptive parents and the 927
	1136	+	supervising agency, signed by the person requesting approval; 928
	1137	+	(2) The appropriate consents or relinquishments signed by the birth 929
	1138	+	parents in accordance with the laws of the sending state, or where 930
	1139	+	permitted under the laws of the state where the adoption will be 931
	1140	+	finalized; 932
1067	1141		(3) Certification by a licensed attorney or authorized agent of a 933
1068	1142		private adoption agency that the consent or relinquishment is in 934
1069	1143		compliance with the applicable laws of the sending state, or where 935
1070		-	permitted under the laws of the state where the adoption is pending; 936
1071		-	(4) A home study; and 937 Substitute Bill No. 1311
	1144	+	permitted under the laws of the state where finalization of the adoption 936
	1145	+	will occur; 937
	1146	+	(4) A home study; and 938
	1147	+	Raised Bill No. 1311
1072	1148
1073	1149
1074		-	LCO 32 of 50
1075	1150
1076		-	(5) An acknowledgment of legal risk signed by the prospective 938
1077		-	adoptive parents. 939
1078		-	(c) The sending state and the receiving state may request additional 940
1079		-	information or documents prior to finalization of an approved 941
1080		-	placement, but such states may not delay travel by the prospective 942
1081		-	adoptive parents with the child if the required content for approval has 943
1082		-	been submitted, received and reviewed by the public child placing 944
1083		-	agency in both the sending state and the receiving state. 945
1084		-	(d) Approval from the public child placing agency in the receiving 946
1085		-	state for a provisional or approved placement is required as provided 947
1086		-	for by the rules of the Interstate Commission. 948
1087		-	(e) The procedures for making an assessment of the proposed 949
1088		-	placement and the request for such an assessment shall contain all 950
1089		-	information and be in such form as provided for by the rules of the 951
1090		-	Interstate Commission. 952
1091		-	(f) Upon receipt of a request from the public child placing agency of 953
1092		-	the sending state, the receiving state shall initiate an assessment of the 954
1093		-	proposed placement to determine its safety and suitability. If the 955
1094		-	proposed placement is a placement with a relative, the public child 956
1095		-	placing agency of the sending state may request a determination for a 957
1096		-	provisional placement. 958
1097		-	(g) The public child placing agency in the receiving state may request 959
1098		-	and shall be entitled to receive from the public child placing agency or 960
1099		-	the private child placing agency in the sending state, supporting or 961
1100		-	additional information necessary to complete the assessment or approve 962
1101		-	the placement. 963
1102		-	(h) The public child placing agency in the receiving state shall 964
1103		-	approve a provisional placement and complete or arrange for the 965
1104		-	completion of the assessment within the timeframes established by the 966
1105		-	rules of the Interstate Commission. 967 Substitute Bill No. 1311
	1151	+	LCO No. 4640 33 of 52
	1152	+
	1153	+	(5) An acknowledgment of legal risk signed by the prospective 939
	1154	+	adoptive parents. 940
	1155	+	(c) The sending state and the receiving state may request additional 941
	1156	+	information or documents prior to finalization of an approved 942
	1157	+	placement, but such states may not delay travel by the prospective 943
	1158	+	adoptive parents with the child if the required content for approval has 944
	1159	+	been submitted, received and reviewed by the public child placing 945
	1160	+	agency in both the sending state and the receiving state. 946
	1161	+	(d) Approval from the public child placing agency in the receiving 947
	1162	+	state for a provisional or approved placement is required as provided 948
	1163	+	for in the rules of the Interstate Commission. 949
	1164	+	(e) The procedures for making an assessment of the proposed 950
	1165	+	placement and the request for such an assessment shall contain all 951
	1166	+	information and be in such form as provided for in the rules of the 952
	1167	+	Interstate Commission. 953
	1168	+	(f) Upon receipt of a request from the public child placing agency of 954
	1169	+	the sending state, the receiving state shall initiate an assessment of the 955
	1170	+	proposed placement to determine its safety and suitability. If the 956
	1171	+	proposed placement is a placement with a relative, the public child 957
	1172	+	placing agency of the sending state may request a determination for a 958
	1173	+	provisional placement. 959
	1174	+	(g) The public child placing agency in the receiving state may request 960
	1175	+	from the public child placing agency or the private child placing agency 961
	1176	+	in the sending state, and shall be entitled to receive supporting or 962
	1177	+	additional information necessary to complete the assessment or approve 963
	1178	+	the placement. 964
	1179	+	(h) The public child placing agency in the receiving state shall 965
	1180	+	approve a provisional placement and complete or arrange for the 966
	1181	+	completion of the assessment within the timeframes established by the 967
	1182	+	rules of the Interstate Commission. 968
	1183	+	Raised Bill No. 1311
1106	1184
1107	1185
1108		-	LCO 33 of 50
1109	1186
1110		-	(i) For a placement by a private child placing agency, the sending 968
1111		-	state shall not impose any additional requirements to complete the 969
1112		-	home study that are not required by the receiving state, unless the 970
1113		-	adoption is finalized in the sending state. 971
1114		-	(j) The Interstate Commission may develop uniform standards for the 972
1115		-	assessment of the safety and suitability of interstate placements. 973
1116		-	ARTICLE VI. Placement Authority 974
1117		-	(a) Except as otherwise provided in this compact, no child subject to 975
1118		-	this compact shall be placed into a receiving state until approval for such 976
1119		-	placement is obtained. 977
1120		-	(b) If the public child placing agency in the receiving state does not 978
1121		-	approve the proposed placement, the child shall not be placed. The 979
1122		-	receiving state shall provide written documentation of any such 980
1123		-	determination in accordance with the rules promulgated by the 981
1124		-	Interstate Commission. Such determination shall not be subject to 982
1125		-	judicial review in the sending state. 983
1126		-	(c) If the proposed placement is not approved, any interested party 984
1127		-	shall have standing to seek an administrative review of the receiving 985
1128		-	state's determination. 986
1129		-	(1) The administrative review and any further judicial review 987
1130		-	associated with the determination shall be conducted in the receiving 988
1131		-	state pursuant to its applicable administrative procedures act. 989
1132		-	(2) If a determination not to approve the placement of the child in the 990
1133		-	receiving state is overturned upon review, the placement shall be 991
1134		-	deemed approved, provided all administrative or judicial remedies 992
1135		-	have been exhausted or the time for such remedies has passed. 993
1136		-	ARTICLE VII. Placing Agency Responsibility 994
1137		-	(a) For the interstate placement of a child made by a public child 995
1138		-	placing agency or state court: 996 Substitute Bill No. 1311
	1187	+	LCO No. 4640 34 of 52
	1188	+
	1189	+	(i) For a placement by a private child placing agency, the sending 969
	1190	+	state shall not impose any additional requirements to complete the 970
	1191	+	home study that are not required by the receiving state, unless the 971
	1192	+	adoption is finalized in the sending state. 972
	1193	+	(j) The Interstate Commission may develop uniform standards for the 973
	1194	+	assessment of the safety and suitability of interstate placements. 974
	1195	+	ARTICLE VI. Placement Authority 975
	1196	+	(a) Except as otherwise provided in this compact, no child subject to 976
	1197	+	this compact shall be placed into a receiving state until approval for such 977
	1198	+	placement is obtained. 978
	1199	+	(b) If the public child placing agency in the receiving state does not 979
	1200	+	approve the proposed placement, the child shall not be placed. The 980
	1201	+	receiving state shall provide written documentation of any such 981
	1202	+	determination in accordance with the rules promulgated by the 982
	1203	+	Interstate Commission. Such determination shall not be subject to 983
	1204	+	judicial review in the sending state. 984
	1205	+	(c) If the proposed placement is not approved, any interested party 985
	1206	+	shall have standing to seek an administrative review of the receiving 986
	1207	+	state's determination. 987
	1208	+	(1) The administrative review and any further judicial review 988
	1209	+	associated with the determination shall be conducted in the receiving 989
	1210	+	state pursuant to its applicable Administrative Procedures Act. 990
	1211	+	(2) If a determination not to approve the placement of the child in the 991
	1212	+	receiving state is overturned upon review, the placement shall be 992
	1213	+	deemed approved, provided that all administrative or judicial remedies 993
	1214	+	have been exhausted or the time for such remedies has passed. 994
	1215	+	ARTICLE VII. Placing Agency Responsibility 995
	1216	+	(a) For the interstate placement of a child made by a public child 996
	1217	+	Raised Bill No. 1311
1139	1218
1140	1219
1141		-	LCO 34 of 50
1142	1220
1143		-	(1) The public child placing agency in the sending state shall have 997
1144		-	financial responsibility for: 998
1145		-	(A) The ongoing support and maintenance for the child during the 999
1146		-	period of the placement, unless otherwise provided for in the receiving 1000
1147		-	state; and 1001
1148		-	(B) As determined by the public child placing agency in the sending 1002
1149		-	state, services for the child beyond the public services for which the 1003
1150		-	child is eligible in the receiving state. 1004
1151		-	(2) The receiving state shall only have financial responsibility for: 1005
1152		-	(A) Any assessment conducted by the receiving state; and 1006
1153		-	(B) Supervision conducted by the receiving state at the level 1007
1154		-	necessary to support the placement as agreed upon by the public child 1008
1155		-	placing agencies of the receiving and sending state. 1009
1156		-	(3) Nothing in this compact shall prohibit public child placing 1010
1157		-	agencies in the sending state from entering into agreements with 1011
1158		-	licensed agencies or persons in the receiving state to conduct 1012
1159		-	assessments and provide supervision. 1013
1160		-	(b) For the placement of a child by a private child placing agency 1014
1161		-	preliminary to a possible adoption, the private child placing agency 1015
1162		-	shall be: 1016
1163		-	(1) Legally responsible for the child during the period of placement 1017
1164		-	as provided for in the law of the sending state until the finalization of 1018
1165		-	the adoption; and 1019
1166		-	(2) Financially responsible for the child absent a contractual 1020
1167		-	agreement to the contrary. 1021
1168		-	(c) The public child placing agency in the receiving state shall provide 1022
1169		-	timely assessments, as provided for in the rules of the Interstate 1023
1170		-	Commission. 1024 Substitute Bill No. 1311
	1221	+	LCO No. 4640 35 of 52
	1222	+
	1223	+	placing agency or state court: 997
	1224	+	(1) The public child placing agency in the sending state shall have 998
	1225	+	financial responsibility for: 999
	1226	+	(A) The ongoing support and maintenance for the child during the 1000
	1227	+	period of the placement, unless otherwise provided for in the receiving 1001
	1228	+	state; and 1002
	1229	+	(B) As determined by the public child placing agency in the sending 1003
	1230	+	state, services for the child beyond the public services for which the 1004
	1231	+	child is eligible in the receiving state. 1005
	1232	+	(2) The receiving state shall only have financial responsibility for: 1006
	1233	+	(A) Any assessment conducted by the receiving state; and 1007
	1234	+	(B) Supervision conducted by the receiving state at the level 1008
	1235	+	necessary to support the placement as agreed upon by the public child 1009
	1236	+	placing agencies of the receiving and sending state. 1010
	1237	+	(3) Nothing in this provision shall prohibit public child placing 1011
	1238	+	agencies in the sending state from entering into agreements with 1012
	1239	+	licensed agencies or persons in the receiving state to conduct 1013
	1240	+	assessments and provide supervision. 1014
	1241	+	(b) For the placement of a child by a private child placing agency 1015
	1242	+	preliminary to a possible adoption, the private child placing agency 1016
	1243	+	shall be: 1017
	1244	+	(1) Legally responsible for the child during the period of placement 1018
	1245	+	as provided for in the law of the sending state until the finalization of 1019
	1246	+	the adoption; and 1020
	1247	+	(2) Financially responsible for the child absent a contractual 1021
	1248	+	agreement to the contrary. 1022
	1249	+	(c) The public child placing agency in the receiving state shall provide 1023
	1250	+	Raised Bill No. 1311
1171	1251
1172	1252
1173		-	LCO 35 of 50
1174	1253
1175		-	(d) The public child placing agency in the receiving state shall 1025
1176		-	provide, or arrange for the provision of, supervision and services for the 1026
1177		-	child, including timely reports, during the period of the placement. 1027
1178		-	(e) Nothing in this compact shall be construed to limit the authority 1028
1179		-	of the public child placing agency in the receiving state from contracting 1029
1180		-	with a licensed agency or person in the receiving state for an assessment 1030
1181		-	or the provision of supervision or services for the child or otherwise 1031
1182		-	authorizing the provision of supervision or services by a licensed 1032
1183		-	agency during the period of placement. 1033
1184		-	(f) Each member state shall provide for coordination among its 1034
1185		-	branches of government concerning the state's participation in, and 1035
1186		-	compliance with, this compact and Interstate Commission activities 1036
1187		-	through the creation of an advisory council or an existing body or board. 1037
1188		-	(g) Each member state shall establish a central state compact office 1038
1189		-	that shall be responsible for state compliance with this compact and the 1039
1190		-	rules of the Interstate Commission. 1040
1191		-	(h) The public child placing agency in the sending state shall oversee 1041
1192		-	compliance with the provisions of the Indian Child Welfare Act, 25 USC 1042
1193		-	1901 et seq., as amended from time to time, for placements subject to the 1043
1194		-	provisions of this compact prior to placement. 1044
1195		-	(i) With the consent of the Interstate Commission, states may enter 1045
1196		-	into limited agreements that facilitate the timely assessment and 1046
1197		-	provision of services and supervision of placements under this compact. 1047
1198		-	ARTICLE VIII. Interstate Commission for the Placement of Children 1048
1199		-	(a) The member states hereby establish, by way of this compact, a 1049
1200		-	commission known as the "Interstate Commission for the Placement of 1050
1201		-	Children". The activities of the Interstate Commission are the formation 1051
1202		-	of public policy and are a discretionary state function. The Interstate 1052
1203		-	Commission shall: 1053
1204		-	(1) Be a joint commission of the member states and shall have the 1054 Substitute Bill No. 1311
	1254	+	LCO No. 4640 36 of 52
	1255	+
	1256	+	timely assessments, as provided for in the rules of the Interstate 1024
	1257	+	Commission. 1025
	1258	+	(d) The public child placing agency in the receiving state shall 1026
	1259	+	provide, or arrange for the provision of, supervision and services for the 1027
	1260	+	child, including timely reports, during the period of the placement. 1028
	1261	+	(e) Nothing in this compact shall be construed to limit the authority 1029
	1262	+	of the public child placing agency in the receiving state from contracting 1030
	1263	+	with a licensed agency or person in the receiving state for an assessment 1031
	1264	+	or the provision of supervision or services for the child or otherwise 1032
	1265	+	authorizing the provision of supervision or services by a licensed 1033
	1266	+	agency during the period of placement. 1034
	1267	+	(f) Each member state shall provide for coordination among its 1035
	1268	+	branches of government concerning the state's participation in, and 1036
	1269	+	compliance with, this compact and Interstate Commission activities 1037
	1270	+	through the creation of an advisory council or use of an existing body 1038
	1271	+	or board. 1039
	1272	+	(g) Each member state shall establish a central state compact office 1040
	1273	+	that shall be responsible for state compliance with this compact and the 1041
	1274	+	rules of the Interstate Commission. 1042
	1275	+	(h) The public child placing agency in the sending state shall oversee 1043
	1276	+	compliance with the provisions of the Indian Child Welfare Act, 25 USC 1044
	1277	+	1901 et seq., as amended from time to time, for placements subject to the 1045
	1278	+	provisions of this compact prior to placement. 1046
	1279	+	(i) With the consent of the Interstate Commission, states may enter 1047
	1280	+	into limited agreements that facilitate the timely assessment and 1048
	1281	+	provision of services and supervision of placements under this compact. 1049
	1282	+	ARTICLE VIII. Interstate Commission for the Placement of Children 1050
	1283	+	(a) The member states hereby establish, by way of this compact, a 1051
	1284	+	commission known as the "Interstate Commission for the Placement of 1052
	1285	+	Raised Bill No. 1311
1205	1286
1206	1287
1207		-	LCO 36 of 50
1208	1288
1209		-	responsibilities, powers and duties set forth herein, and such additional 1055
1210		-	powers as may be conferred by subsequent concurrent action of the 1056
1211		-	respective legislatures of the member states; and 1057
1212		-	(2) Consist of one commissioner from each member state who shall 1058
1213		-	be appointed by the executive head of the state human services 1059
1214		-	administration with ultimate responsibility for the child welfare 1060
1215		-	program. The appointed commissioner shall have the legal authority to 1061
1216		-	vote on policy related matters governed by this compact binding the 1062
1217		-	state. 1063
1218		-	(b) Each member state represented at a meeting of the Interstate 1064
1219		-	Commission shall be entitled to one vote. 1065
1220		-	(c) A majority of the member states shall constitute a quorum for the 1066
1221		-	transaction of business at a meeting of the Interstate Commission, unless 1067
1222		-	a larger quorum is required by the bylaws of the Interstate Commission. 1068
1223		-	(d) A member shall not delegate a vote to another member state at a 1069
1224		-	meeting of the Interstate Commission. 1070
1225		-	(e) A member may delegate voting authority to another person from 1071
1226		-	such representative's state for a specified meeting of the Interstate 1072
1227		-	Commission. 1073
1228		-	(f) In addition to the commissioners of each member state, the 1074
1229		-	Interstate Commission shall include persons who are members of 1075
1230		-	interested organizations as defined in the bylaws or rules of the 1076
1231		-	Interstate Commission. Such members shall be ex officio and shall not 1077
1232		-	be entitled to vote on any matter before the Interstate Commission. 1078
1233		-	(g) The Interstate Commission shall establish an executive committee 1079
1234		-	that shall have the authority to administer the day-to-day operations 1080
1235		-	and administration of the Interstate Commission. Such committee shall 1081
1236		-	not have the power to engage in rulemaking. 1082
1237		-	ARTICLE IX. Powers and Duties of the Interstate Commission 1083 Substitute Bill No. 1311
	1289	+	LCO No. 4640 37 of 52
	1290	+
	1291	+	Children". The activities of the Interstate Commission are the formation 1053
	1292	+	of public policy and are a discretionary state function. The Interstate 1054
	1293	+	Commission shall: 1055
	1294	+	(1) Be a joint commission of the member states and shall have the 1056
	1295	+	responsibilities, powers and duties set forth herein, and such additional 1057
	1296	+	powers as may be conferred upon it by subsequent concurrent action of 1058
	1297	+	the respective legislatures of the member states; and 1059
	1298	+	(2) Consist of one commissioner from each member state who shall 1060
	1299	+	be appointed by the executive head of the state human services 1061
	1300	+	administration with ultimate responsibility for the child welfare 1062
	1301	+	program. The appointed commissioner shall have the legal authority to 1063
	1302	+	vote on policy related matters governed by this compact binding the 1064
	1303	+	state. 1065
	1304	+	(b) Each member state represented at a meeting of the Interstate 1066
	1305	+	Commission shall be entitled to one vote. 1067
	1306	+	(c) A majority of the member states shall constitute a quorum for the 1068
	1307	+	transaction of business at a meeting of the Interstate Commission, unless 1069
	1308	+	a larger quorum is required by the bylaws of the Interstate Commission. 1070
	1309	+	(d) A representative shall not delegate a vote to another member state 1071
	1310	+	at a meeting of the Interstate Commission. 1072
	1311	+	(e) A representative may delegate voting authority to another person 1073
	1312	+	from their state for a specified meeting of the Interstate Commission. 1074
	1313	+	(f) In addition to the commissioners of each member state, the 1075
	1314	+	Interstate Commission shall include persons who are members of 1076
	1315	+	interested organizations as defined in the bylaws or rules of the 1077
	1316	+	Interstate Commission. Such members shall be ex officio and shall not 1078
	1317	+	be entitled to vote on any matter before the Interstate Commission. 1079
	1318	+	(g) The Interstate Commission shall establish an executive committee 1080
	1319	+	that shall have the authority to administer the day-to-day operations 1081
	1320	+	Raised Bill No. 1311
1238	1321
1239	1322
1240		-	LCO 37 of 50
1241	1323
1242		-	The Interstate Commission shall have the following powers: 1084
1243		-	(1) To promulgate rules and take all necessary actions to effect the 1085
1244		-	goals, purposes and obligations enumerated in this compact; 1086
1245		-	(2) To provide for dispute resolution among member states; 1087
1246		-	(3) To issue, upon request of a member state, advisory opinions 1088
1247		-	concerning the meaning or interpretation of this interstate compact, its 1089
1248		-	bylaws, rules or actions; 1090
1249		-	(4) To enforce compliance with this interstate compact, its bylaws, 1091
1250		-	rules or actions or the rules of the commission pursuant to Article XII of 1092
1251		-	this compact; 1093
1252		-	(5) Collect standardized data concerning the interstate placement of 1094
1253		-	children subject to this compact as directed through the commission's 1095
1254		-	rules, which shall specify the data to be collected, the means of collection 1096
1255		-	and data exchange and reporting requirements; 1097
1256		-	(6) To establish and maintain offices as may be necessary for the 1098
1257		-	transacting of its business; 1099
1258		-	(7) To purchase and maintain insurance and bonds; 1100
1259		-	(8) To hire or contract for services of personnel or consultants as 1101
1260		-	necessary to carry out the commission's functions under this compact 1102
1261		-	and establish personnel qualification policies, and rates of 1103
1262		-	compensation; 1104
1263		-	(9) To establish and appoint committees and officers including, but 1105
1264		-	not limited to, an executive committee as required by Article X of this 1106
1265		-	compact; 1107
1266		-	(10) To accept any and all donations and grants of money, equipment, 1108
1267		-	supplies, materials and services, and to receive, utilize and dispose 1109
1268		-	thereof; 1110
1269		-	(11) To lease, purchase, accept contributions or donations of or 1111 Substitute Bill No. 1311
	1324	+	LCO No. 4640 38 of 52
	1325	+
	1326	+	and administration of the Interstate Commission. Such committee shall 1082
	1327	+	not have the power to engage in rulemaking. 1083
	1328	+	ARTICLE IX. Powers and Duties of the Interstate Commission 1084
	1329	+	The Interstate Commission shall have the following powers: 1085
	1330	+	(1) To promulgate rules and take all necessary actions to effect the 1086
	1331	+	goals, purposes and obligations as enumerated in this compact; 1087
	1332	+	(2) To provide for dispute resolution among member states; 1088
	1333	+	(3) To issue, upon request of a member state, advisory opinions 1089
	1334	+	concerning the meaning or interpretation of this interstate compact, its 1090
	1335	+	bylaws, rules or actions; 1091
	1336	+	(4) To enforce compliance with this interstate compact, its bylaws, 1092
	1337	+	rules or actions or the rules of the commission pursuant to Article XII of 1093
	1338	+	this compact; 1094
	1339	+	(5) Collect standardized data concerning the interstate placement of 1095
	1340	+	children subject to this compact as directed through the commission's 1096
	1341	+	rules, which shall specify the data to be collected, the means of collection 1097
	1342	+	and data exchange and reporting requirements; 1098
	1343	+	(6) To establish and maintain offices as may be necessary for the 1099
	1344	+	transacting of its business; 1100
	1345	+	(7) To purchase and maintain insurance and bonds; 1101
	1346	+	(8) To hire or contract for services of personnel or consultants as 1102
	1347	+	necessary to carry out the commission's functions under this compact 1103
	1348	+	and establish personnel qualification policies, and rates of 1104
	1349	+	compensation; 1105
	1350	+	(9) To establish and appoint committees and officers including, but 1106
	1351	+	not limited to, an executive committee as required by Article X of this 1107
	1352	+	compact; 1108
	1353	+	Raised Bill No. 1311
1270	1354
1271	1355
1272		-	LCO 38 of 50
1273	1356
1274		-	otherwise to own, hold, improve or use any property, real, personal or 1112
1275		-	mixed; 1113
1276		-	(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or 1114
1277		-	otherwise dispose of any property, real, personal or mixed; 1115
1278		-	(13) To establish a budget and make expenditures; 1116
1279		-	(14) To adopt a seal and bylaws governing the management and 1117
1280		-	operation of the Interstate Commission; 1118
1281		-	(15) To report annually to the legislatures, governors, judicial 1119
1282		-	branches and state advisory councils of the member states concerning 1120
1283		-	the activities of the Interstate Commission during the preceding year, 1121
1284		-	including, but not limited to, any recommendations that may have been 1122
1285		-	adopted by the Interstate Commission; 1123
1286		-	(16) To coordinate and provide education, training and public 1124
1287		-	awareness regarding the interstate movement of children for officials 1125
1288		-	involved in such activity; 1126
1289		-	(17) To maintain books and records in accordance with the bylaws of 1127
1290		-	the Interstate Commission; and 1128
1291		-	(18) To perform such functions as may be necessary or appropriate to 1129
1292		-	achieve the purposes of this compact. 1130
1293		-	ARTICLE X. Organization and Operation of the Interstate 1131
1294		-	Commission 1132
1295		-	(a) Bylaws 1133
1296		-	(1) Not later than twelve months after the first Interstate Commission 1134
1297		-	meeting, the Interstate Commission shall adopt bylaws to govern its 1135
1298		-	conduct as may be necessary or appropriate to carry out the purposes of 1136
1299		-	this compact. 1137
1300		-	(2) The Interstate Commission's bylaws and rules shall establish 1138
1301		-	conditions and procedures under which the Interstate Commission shall 1139 Substitute Bill No. 1311
	1357	+	LCO No. 4640 39 of 52
	1358	+
	1359	+	(10) To accept any and all donations and grants of money, equipment, 1109
	1360	+	supplies, materials and services, and to receive, utilize and dispose 1110
	1361	+	thereof; 1111
	1362	+	(11) To lease, purchase, accept contributions or donations of or 1112
	1363	+	otherwise to own, hold, improve or use any property, real, personal or 1113
	1364	+	mixed; 1114
	1365	+	(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or 1115
	1366	+	otherwise dispose of any property, real, personal or mixed; 1116
	1367	+	(13) To establish a budget and make expenditures; 1117
	1368	+	(14) To adopt a seal and bylaws governing the management and 1118
	1369	+	operation of the Interstate Commission; 1119
	1370	+	(15) To report annually to the legislatures, governors, the judiciary 1120
	1371	+	and state advisory councils of the member states concerning the 1121
	1372	+	activities of the Interstate Commission during the preceding year, 1122
	1373	+	including, but not limited to, any recommendations that may have been 1123
	1374	+	adopted by the Interstate Commission; 1124
	1375	+	(16) To coordinate and provide education, training and public 1125
	1376	+	awareness regarding the interstate movement of children for officials 1126
	1377	+	involved in such activity; 1127
	1378	+	(17) To maintain books and records in accordance with the bylaws of 1128
	1379	+	the Interstate Commission; and 1129
	1380	+	(18) To perform such functions as may be necessary or appropriate to 1130
	1381	+	achieve the purposes of this compact. 1131
	1382	+	ARTICLE X. Organization and Operation of the Interstate 1132
	1383	+	Commission 1133
	1384	+	(a) Bylaws 1134
	1385	+	(1) Not later than twelve months after the first Interstate Commission 1135
	1386	+	Raised Bill No. 1311
1302	1387
1303	1388
1304		-	LCO 39 of 50
1305	1389
1306		-	make its information and official records available to the public for 1140
1307		-	inspection or copying. The Interstate Commission may exempt from 1141
1308		-	disclosure information or official records to the extent such information 1142
1309		-	or records would adversely affect personal privacy rights or proprietary 1143
1310		-	interests. 1144
1311		-	(b) Meetings 1145
1312		-	(1) The Interstate Commission shall meet at least once each calendar 1146
1313		-	year. The chairperson may call additional meetings and, upon the 1147
1314		-	request of a simple majority of the member states, shall call additional 1148
1315		-	meetings. 1149
1316		-	(2) Public notice shall be given by the Interstate Commission of all 1150
1317		-	meetings and all meetings shall be open to the public, except as set forth 1151
1318		-	in the rules or as otherwise provided in this compact. The Interstate 1152
1319		-	Commission and its committees may close a meeting, or portion thereof, 1153
1320		-	where it determines by two-thirds vote that an open meeting would be 1154
1321		-	likely to: 1155
1322		-	(A) Relate solely to the Interstate Commission's internal personnel 1156
1323		-	practices and procedures; 1157
1324		-	(B) Disclose matters specifically exempted from disclosure by federal 1158
1325		-	law; 1159
1326		-	(C) Disclose financial or commercial information that is privileged, 1160
1327		-	proprietary or confidential in nature; 1161
1328		-	(D) Involve accusing a person of a crime, or formally censuring a 1162
1329		-	person; 1163
1330		-	(E) Disclose information of a personal nature where disclosure would 1164
1331		-	constitute a clearly unwarranted invasion of personal privacy or 1165
1332		-	physically endanger one or more persons; 1166
1333		-	(F) Disclose investigative records compiled for law enforcement 1167
1334		-	purposes; or 1168 Substitute Bill No. 1311
	1390	+	LCO No. 4640 40 of 52
	1391	+
	1392	+	meeting, the Interstate Commission shall adopt bylaws to govern its 1136
	1393	+	conduct as may be necessary or appropriate to carry out the purposes of 1137
	1394	+	this compact. 1138
	1395	+	(2) The Interstate Commission's bylaws and rules shall establish 1139
	1396	+	conditions and procedures under which the Interstate Commission shall 1140
	1397	+	make its information and official records available to the public for 1141
	1398	+	inspection or copying. The Interstate Commission may exempt from 1142
	1399	+	disclosure information or official records to the extent such information 1143
	1400	+	or records would adversely affect personal privacy rights or proprietary 1144
	1401	+	interests. 1145
	1402	+	(b) Meetings 1146
	1403	+	(1) The Interstate Commission shall meet at least once each calendar 1147
	1404	+	year. The chairperson may call additional meetings and, upon the 1148
	1405	+	request of a simple majority of the member states, shall call additional 1149
	1406	+	meetings. 1150
	1407	+	(2) Public notice shall be given by the Interstate Commission of all 1151
	1408	+	meetings and all meetings shall be open to the public, except as set forth 1152
	1409	+	in the rules or as otherwise provided in this compact. The Interstate 1153
	1410	+	Commission and its committees may close a meeting, or portion thereof, 1154
	1411	+	where it determines by two-thirds vote that an open meeting would be 1155
	1412	+	likely to: 1156
	1413	+	(A) Relate solely to the Interstate Commission's internal personnel 1157
	1414	+	practices and procedures; 1158
	1415	+	(B) Disclose matters specifically exempted from disclosure by federal 1159
	1416	+	law; 1160
	1417	+	(C) Disclose financial or commercial information that is privileged, 1161
	1418	+	proprietary or confidential in nature; 1162
	1419	+	(D) Involve accusing a person of a crime, or formally censuring a 1163
	1420	+	person; 1164
	1421	+	Raised Bill No. 1311
1335	1422
1336	1423
1337		-	LCO 40 of 50
1338	1424
1339		-	(G) Specifically relate to the Interstate Commission's participation in 1169
1340		-	a civil action or other legal proceeding. 1170
1341		-	(3) For a meeting, or portion of a meeting, closed pursuant to 1171
1342		-	subdivision (2) of this subsection, the Interstate Commission's legal 1172
1343		-	counsel or designee shall certify that the meeting may be closed and 1173
1344		-	shall reference each relevant exemption provision. The Interstate 1174
1345		-	Commission shall keep minutes that shall fully and clearly describe all 1175
1346		-	matters discussed in a meeting and shall provide a full and accurate 1176
1347		-	summary of actions taken, and the reasons therefore, including a 1177
1348		-	description of the views expressed and the record of a roll call vote. All 1178
1349		-	documents considered in connection with an action shall be identified 1179
1350		-	in such minutes. All minutes and documents of a closed meeting shall 1180
1351		-	remain under seal, subject to release by a majority vote of the Interstate 1181
1352		-	Commission or by court order. 1182
1353		-	(4) The bylaws may provide for meetings of the Interstate 1183
1354		-	Commission to be conducted by telecommunication or other electronic 1184
1355		-	communication. 1185
1356		-	(c) Officers and Staff 1186
1357		-	(1) The Interstate Commission may, through its executive committee, 1187
1358		-	appoint or retain a staff director for such period, upon such terms and 1188
1359		-	conditions and for such compensation as the Interstate Commission 1189
1360		-	may deem appropriate. The staff director shall serve as secretary to the 1190
1361		-	Interstate Commission, but shall not have a vote. The staff director may 1191
1362		-	hire and supervise such other staff as authorized by the Interstate 1192
1363		-	Commission. 1193
1364		-	(2) The Interstate Commission shall elect, from among its members, a 1194
1365		-	chairperson and a vice chairperson of the executive committee and other 1195
1366		-	necessary officers, each of whom shall have such authority and duties 1196
1367		-	as may be specified in the bylaws. 1197
1368		-	(d) Qualified Immunity, Defense and Indemnification 1198 Substitute Bill No. 1311
	1425	+	LCO No. 4640 41 of 52
	1426	+
	1427	+	(E) Disclose information of a personal nature where disclosure would 1165
	1428	+	constitute a clearly unwarranted invasion of personal privacy or 1166
	1429	+	physically endanger one or more persons; 1167
	1430	+	(F) Disclose investigative records compiled for law enforcement 1168
	1431	+	purposes; or 1169
	1432	+	(G) Specifically relate to the Interstate Commission's participation in 1170
	1433	+	a civil action or other legal proceeding. 1171
	1434	+	(3) For a meeting, or portion of a meeting, closed pursuant to 1172
	1435	+	subdivision (2) of this subsection, the Interstate Commission's legal 1173
	1436	+	counsel or designee shall certify that the meeting may be closed and 1174
	1437	+	shall reference each relevant exemption provision. The Interstate 1175
	1438	+	Commission shall keep minutes that shall fully and clearly describe all 1176
	1439	+	matters discussed in a meeting and shall provide a full and accurate 1177
	1440	+	summary of actions taken, and the reasons therefore, including a 1178
	1441	+	description of the views expressed and the record of a roll call vote. All 1179
	1442	+	documents considered in connection with an action shall be identified 1180
	1443	+	in such minutes. All minutes and documents of a closed meeting shall 1181
	1444	+	remain under seal, subject to release by a majority vote of the Interstate 1182
	1445	+	Commission or by court order. 1183
	1446	+	(4) The bylaws may provide for meetings of the Interstate 1184
	1447	+	Commission to be conducted by telecommunication or other electronic 1185
	1448	+	communication. 1186
	1449	+	(c) Officers and Staff 1187
	1450	+	(1) The Interstate Commission may, through its executive committee, 1188
	1451	+	appoint or retain a staff director for such period, upon such terms and 1189
	1452	+	conditions and for such compensation as the Interstate Commission 1190
	1453	+	may deem appropriate. The staff director shall serve as secretary to the 1191
	1454	+	Interstate Commission, but shall not have a vote. The staff director may 1192
	1455	+	hire and supervise such other staff as may be authorized by the 1193
	1456	+	Interstate Commission. 1194
	1457	+	Raised Bill No. 1311
1369	1458
1370	1459
1371		-	LCO 41 of 50
1372	1460
1373		-	(1) The Interstate Commission's staff director and its employees shall 1199
1374		-	be immune from suit and liability, personally and in such director and 1200
1375		-	employees' official capacity, for any claim for damage to or loss of 1201
1376		-	property or personal injury or other civil liability caused, or arising out 1202
1377		-	of, or relating to an actual or alleged act, error or omission that occurred, 1203
1378		-	or that such person had a reasonable basis for believing occurred within 1204
1379		-	the scope of commission employment, duties or responsibilities, 1205
1380		-	provided such person shall not be protected from suit or liability for 1206
1381		-	damage, loss, injury or liability caused by a criminal act or the 1207
1382		-	intentional or wilful and wanton misconduct of such person. 1208
1383		-	(A) The liability of the Interstate Commission's staff director and 1209
1384		-	employees or Interstate Commission representatives, acting within the 1210
1385		-	scope of such person's employment or duties for acts, errors or 1211
1386		-	omissions occurring within such person's state may not exceed the 1212
1387		-	limits of liability set forth under the Constitution and laws of that state 1213
1388		-	for state officials, employees and agents. The Interstate Commission 1214
1389		-	shall be an instrumentality of the states for the purposes of any such 1215
1390		-	action. Nothing in this subsection shall be construed to protect such 1216
1391		-	person from suit or liability for damage, loss, injury or liability caused 1217
1392		-	by a criminal act or the intentional or wilful and wanton misconduct of 1218
1393		-	such person. 1219
1394		-	(B) The Interstate Commission shall defend the staff director and its 1220
1395		-	employees and, subject to the approval of the Attorney General or other 1221
1396		-	appropriate legal counsel of the member state, shall defend any 1222
1397		-	commissioner of a member state in a civil action seeking to impose 1223
1398		-	liability arising out of an actual or alleged act, error or omission that 1224
1399		-	occurred within the scope of Interstate Commission employment, duties 1225
1400		-	or responsibilities, or that the defendant had a reasonable basis for 1226
1401		-	believing occurred within the scope of Interstate Commission 1227
1402		-	employment, duties or responsibilities, provided the actual or alleged 1228
1403		-	act, error or omission did not result from intentional or wilful and 1229
1404		-	wanton misconduct on the part of such person. 1230
1405		-	(C) To the extent not covered by the state involved, member state or 1231 Substitute Bill No. 1311
	1461	+	LCO No. 4640 42 of 52
	1462	+
	1463	+	(2) The Interstate Commission shall elect, from among its members, a 1195
	1464	+	chairperson and a vice chairperson of the executive committee and other 1196
	1465	+	necessary officers, each of whom shall have such authority and duties 1197
	1466	+	as may be specified in the bylaws. 1198
	1467	+	(d) Qualified Immunity, Defense and Indemnification 1199
	1468	+	(1) The Interstate Commission's staff director and its employees shall 1200
	1469	+	be immune from suit and liability, either personally or in their official 1201
	1470	+	capacity, for a claim for damage to or loss of property or personal injury 1202
	1471	+	or other civil liability caused, or arising out of, or relating to an actual or 1203
	1472	+	alleged act, error or omission that occurred, or that such person had a 1204
	1473	+	reasonable basis for believing occurred within the scope of commission 1205
	1474	+	employment, duties or responsibilities, provided such person shall not 1206
	1475	+	be protected from suit or liability for damage, loss, injury or liability 1207
	1476	+	caused by a criminal act or the intentional or wilful and wanton 1208
	1477	+	misconduct of such person. 1209
	1478	+	(A) The liability of the Interstate Commission's staff director and 1210
	1479	+	employees or Interstate Commission representatives, acting within the 1211
	1480	+	scope of such person's employment or duties for acts, errors or 1212
	1481	+	omissions occurring within such person's state may not exceed the 1213
	1482	+	limits of liability set forth under the Constitution and laws of that state 1214
	1483	+	for state officials, employees and agents. The Interstate Commission 1215
	1484	+	shall be an instrumentality of the states for the purposes of any such 1216
	1485	+	action. Nothing in this subsection shall be construed to protect such 1217
	1486	+	person from suit or liability for damage, loss, injury or liability caused 1218
	1487	+	by a criminal act or the intentional or wilful and wanton misconduct of 1219
	1488	+	such person. 1220
	1489	+	(B) The Interstate Commission shall defend the staff director and its 1221
	1490	+	employees and, subject to the approval of the Attorney General or other 1222
	1491	+	appropriate legal counsel of the member state, shall defend the 1223
	1492	+	commissioner of a member state in a civil action seeking to impose 1224
	1493	+	liability arising out of an actual or alleged act, error or omission that 1225
	1494	+	Raised Bill No. 1311
1406	1495
1407	1496
1408		-	LCO 42 of 50
1409	1497
1410		-	the Interstate Commission, representatives or employees of the 1232
1411		-	Interstate Commission shall be held harmless in the amount of a 1233
1412		-	settlement or judgment, including attorney's fees and costs, obtained 1234
1413		-	against such persons arising out of an actual or alleged act, error or 1235
1414		-	omission that occurred within the scope of Interstate Commission 1236
1415		-	employment, duties or responsibilities, or that such persons had a 1237
1416		-	reasonable basis for believing occurred within the scope of Interstate 1238
1417		-	Commission employment, duties or responsibilities, provided the 1239
1418		-	actual or alleged act, error or omission did not result from intentional or 1240
1419		-	wilful and wanton misconduct on the part of such persons. 1241
1420		-	ARTICLE XI. Rulemaking Functions of the Interstate Commission 1242
1421		-	(a) The Interstate Commission shall promulgate and publish rules in 1243
1422		-	order to effectively and efficiently achieve the purposes of this compact. 1244
1423		-	(b) Rulemaking shall occur pursuant to the criteria set forth in this 1245
1424		-	article and the bylaws and rules adopted pursuant thereto. Such 1246
1425		-	rulemaking shall substantially conform to the principles of the Model 1247
1426		-	State Administrative Procedures Act, 1981 Act, Uniform Laws 1248
1427		-	Annotated, Vol. 15, p.1 (2000), or such other administrative procedure 1249
1428		-	acts as the Interstate Commission deems appropriate, consistent with 1250
1429		-	due process requirements under the United States Constitution as now 1251
1430		-	or hereafter interpreted by the United States Supreme Court. All rules 1252
1431		-	and amendments shall become binding as of the date specified, as 1253
1432		-	published with the final version of the rule as approved by the Interstate 1254
1433		-	Commission. 1255
1434		-	(c) When promulgating a rule, the Interstate Commission shall, at a 1256
1435		-	minimum: 1257
1436		-	(1) Publish the proposed rule's entire text stating each reason for such 1258
1437		-	proposed rule; 1259
1438		-	(2) Allow and invite any and all persons to submit written data, facts, 1260
1439		-	opinions and arguments, all of which shall be added to the record and 1261
1440		-	made publicly available; and 1262 Substitute Bill No. 1311
	1498	+	LCO No. 4640 43 of 52
	1499	+
	1500	+	occurred within the scope of Interstate Commission employment, duties 1226
	1501	+	or responsibilities, or that the defendant had a reasonable basis for 1227
	1502	+	believing occurred within the scope of Interstate Commission 1228
	1503	+	employment, duties or responsibilities, provided the actual or alleged 1229
	1504	+	act, error or omission did not result from intentional or wilful and 1230
	1505	+	wanton misconduct on the part of such person. 1231
	1506	+	(C) To the extent not covered by the state involved, member state or 1232
	1507	+	the Interstate Commission, the representatives or employees of the 1233
	1508	+	Interstate Commission shall be held harmless in the amount of a 1234
	1509	+	settlement or judgment, including attorney's fees and costs, obtained 1235
	1510	+	against such persons arising out of an actual or alleged act, error or 1236
	1511	+	omission that occurred within the scope of Interstate Commission 1237
	1512	+	employment, duties or responsibilities, or that such persons had a 1238
	1513	+	reasonable basis for believing occurred within the scope of Interstate 1239
	1514	+	Commission employment, duties or responsibilities, provided the 1240
	1515	+	actual or alleged act, error or omission did not result from intentional or 1241
	1516	+	wilful and wanton misconduct on the part of such persons. 1242
	1517	+	ARTICLE XI. Rulemaking Functions of the Interstate Commission 1243
	1518	+	(a) The Interstate Commission shall promulgate and publish rules in 1244
	1519	+	order to effectively and efficiently achieve the purposes of this compact. 1245
	1520	+	(b) Rulemaking shall occur pursuant to the criteria set forth in this 1246
	1521	+	article and the bylaws and rules adopted pursuant thereto. Such 1247
	1522	+	rulemaking shall substantially conform to the principles of the "Model 1248
	1523	+	State Administrative Procedures Act," 1981 Act, Uniform Laws 1249
	1524	+	Annotated, Vol. 15, p.1 (2000), or such other administrative procedure 1250
	1525	+	acts as the Interstate Commission deems appropriate consistent with 1251
	1526	+	due process requirements under the United States Constitution as now 1252
	1527	+	or hereafter interpreted by the United States Supreme Court. All rules 1253
	1528	+	and amendments shall become binding as of the date specified, as 1254
	1529	+	published with the final version of the rule as approved by the Interstate 1255
	1530	+	Commission. 1256
	1531	+	Raised Bill No. 1311
1441	1532
1442	1533
1443		-	LCO 43 of 50
1444	1534
1445		-	(3) Promulgate a final rule and its effective date, if appropriate, based 1263
1446		-	on input from state or local officials or interested parties. 1264
1447		-	(d) Rules promulgated by the Interstate Commission shall have the 1265
1448		-	force and effect of administrative rules and shall be binding in the 1266
1449		-	member states to the extent and in the manner provided for in this 1267
1450		-	compact. 1268
1451		-	(e) Not later than sixty days after a rule is promulgated, an interested 1269
1452		-	party may file a petition in the United States District Court for the 1270
1453		-	District of Columbia or in the federal district where the Interstate 1271
1454		-	Commission's principal office is located for judicial review of such rule. 1272
1455		-	If the court finds that the Interstate Commission's action is not 1273
1456		-	supported by substantial evidence in the rulemaking record, the court 1274
1457		-	shall hold the rule unlawful and set it aside. 1275
1458		-	(f) If a majority of the legislatures of the member states rejects a rule, 1276
1459		-	such states may, by enactment of a statute or resolution in the same 1277
1460		-	manner used to adopt this compact, cause such rule to have no further 1278
1461		-	force and effect in any member state. 1279
1462		-	(g) The existing rules governing the operation of the Interstate 1280
1463		-	Compact on the Placement of Children superseded by this act shall be 1281
1464		-	null and void not less than, but not more than twenty-four months, after 1282
1465		-	the first meeting of the Interstate Commission created hereunder, as 1283
1466		-	determined by the members during the first meeting. 1284
1467		-	(h) Not later than twelve months after the effective date of this 1285
1468		-	section, the Interstate Commission shall promulgate rules addressing 1286
1469		-	the following: 1287
	1535	+	LCO No. 4640 44 of 52
	1536	+
	1537	+	(c) When promulgating a rule, the Interstate Commission shall, at a 1257
	1538	+	minimum: 1258
	1539	+	(1) Publish the proposed rule's entire text stating each reason for such 1259
	1540	+	proposed rule; 1260
	1541	+	(2) Allow and invite any and all persons to submit written data, facts, 1261
	1542	+	opinions and arguments, all of which shall be added to the record and 1262
	1543	+	made publicly available; and 1263
	1544	+	(3) Promulgate a final rule and its effective date, if appropriate, based 1264
	1545	+	on input from state or local officials or interested parties. 1265
	1546	+	(d) Rules promulgated by the Interstate Commission shall have the 1266
	1547	+	force and effect of administrative rules and shall be binding in the 1267
	1548	+	compacting states to the extent and in the manner provided for in this 1268
	1549	+	compact. 1269
	1550	+	(e) Not later than sixty days after a rule is promulgated, an interested 1270
	1551	+	party may file a petition in the United States District Court for the 1271
	1552	+	District of Columbia or in the federal district where the Interstate 1272
	1553	+	Commission's principal office is located for judicial review of such rule. 1273
	1554	+	If the court finds that the Interstate Commission's action is not 1274
	1555	+	supported by substantial evidence in the rulemaking record, the court 1275
	1556	+	shall hold the rule unlawful and set it aside. 1276
	1557	+	(f) If a majority of the legislatures of the member states rejects a rule, 1277
	1558	+	such states may, by enactment of a statute or resolution in the same 1278
	1559	+	manner used to adopt this compact, cause such rule to have no further 1279
	1560	+	force and effect in any member state. 1280
	1561	+	(g) The existing rules governing the operation of the Interstate 1281
	1562	+	Compact on the Placement of Children superseded by this act shall be 1282
	1563	+	null and void not less than, but not more than twenty-four months, after 1283
	1564	+	the first meeting of the Interstate Commission created hereunder, as 1284
	1565	+	determined by the members during the first meeting. 1285
	1566	+	Raised Bill No. 1311
	1567	+
	1568	+
	1569	+
	1570	+	LCO No. 4640 45 of 52
	1571	+
	1572	+	(h) Within the first twelve months of operation, the Interstate 1286
	1573	+	Commission shall promulgate rules addressing the following: 1287
1470	1574		(1) Transition rules; 1288
1471	1575		(2) Forms and procedures; 1289
1472	1576		(3) Time lines; 1290
1473		-	(4) Data collection and reporting; 1291 Substitute Bill No. 1311
1474		-
1475		-
1476		-	LCO 44 of 50
1477		-
	1577	+	(4) Data collection and reporting; 1291
1478	1578		(5) Rulemaking; 1292
1479	1579		(6) Visitation; 1293
1480	1580		(7) Progress reports and supervision; 1294
1481	1581		(8) Sharing of information and confidentiality of information; 1295
1482	1582		(9) Financing of the Interstate Commission; 1296
1483	1583		(10) Mediation, arbitration and dispute resolution; 1297
1484	1584		(11) Education, training and technical assistance; 1298
1485	1585		(12) Enforcement; and 1299
1486	1586		(13) Coordination with other interstate compacts. 1300
1487	1587		(i) Upon determination by a majority of the members of the Interstate 1301
1488	1588		Commission that an emergency exists: 1302
1489	1589		(1) The Interstate Commission may promulgate an emergency rule 1303
1490	1590		only if it is required to: 1304
1491	1591		(A) Protect the children covered by this compact from an imminent 1305
1492	1592		threat to such children's health, safety and well-being; 1306
1493	1593		(B) Prevent loss of federal or state funds; or 1307
	1594	+	Raised Bill No. 1311
	1595	+
	1596	+
	1597	+
	1598	+	LCO No. 4640 46 of 52
	1599	+
1494	1600		(C) Meet a deadline for the promulgation of an administrative rule 1308
1495	1601		required by federal law. 1309
1496	1602		(2) An emergency rule shall become effective immediately upon 1310
1497	1603		adoption, provided the usual rulemaking procedures provided 1311
1498	1604		hereunder shall be retroactively applied to said rule as soon as 1312
1499	1605		reasonably possible, but not later than ninety days after the effective 1313
1500	1606		date of the emergency rule. 1314
1501	1607		(3) An emergency rule shall be promulgated as provided for in the 1315
1502		-	rules of the Interstate Commission. 1316 Substitute Bill No. 1311
1503		-
1504		-
1505		-	LCO 45 of 50
1506		-
	1608	+	rules of the Interstate Commission. 1316
1507	1609		ARTICLE XII. Oversight, Dispute Resolution, Enforcement 1317
1508	1610		(a) Oversight 1318
1509	1611		(1) The Interstate Commission shall oversee the administration and 1319
1510	1612		operation of this compact. 1320
1511	1613		(2) The executive, legislative and judicial branches of state 1321
1512	1614		government in each member state shall enforce this compact and the 1322
1513		-	rules of the Interstate Commission and take all actions necessary ~~and~~ 1323
1514		-	appropriate to effectuate this compact's purposes and intent. This 1324
	1615	+	rules of the Interstate Commission and shall take all actions necessary 1323
	1616	+	and appropriate to effectuate this compact's purposes and intent. This 1324
1515	1617		compact and its rules shall be binding in the compacting states to the 1325
1516	1618		extent and in the manner provided for in this compact. 1326
1517	1619		(3) All courts shall take judicial notice of this compact and the rules 1327
1518	1620		in any judicial or administrative proceeding in a member state 1328
1519	1621		pertaining to the subject matter of this compact. 1329
1520	1622		(4) The Interstate Commission shall be entitled to receive service of 1330
1521	1623		process in any action in which the validity of a compact provision or 1331
1522	1624		rule is the issue for which a judicial determination has been sought and 1332
1523	1625		shall have standing to intervene in any proceedings. Failure to provide 1333
1524	1626		service of process to the Interstate Commission shall render any 1334
1525	1627		judgment, order or other determination, however so captioned or 1335
1526	1628		classified, void as to the Interstate Commission, this compact, its bylaws 1336
	1629	+	Raised Bill No. 1311
	1630	+
	1631	+
	1632	+
	1633	+	LCO No. 4640 47 of 52
	1634	+
1527	1635		or rules of the Interstate Commission. 1337
1528	1636		(b) Dispute Resolution 1338
1529	1637		(1) The Interstate Commission shall attempt, upon the request of a 1339
1530	1638		member state, to resolve disputes that are subject to this compact and 1340
1531		-	arise among member states and between member and ~~nonmember~~ 1341
1532		-	states. 1342
	1639	+	that may arise among member states and between member and 1341
	1640	+	nonmember states. 1342
1533	1641		(2) The Interstate Commission shall promulgate a rule providing for 1343
1534	1642		both mediation and binding dispute resolution for disputes among 1344
1535	1643		compacting states. The costs of such mediation or dispute resolution 1345
1536		-	shall be the responsibility of the parties to the dispute. 1346 Substitute Bill No. 1311
1537		-
1538		-
1539		-	LCO 46 of 50
1540		-
	1644	+	shall be the responsibility of the parties to the dispute. 1346
1541	1645		(c) Enforcement 1347
1542	1646		(1) If the Interstate Commission determines that a member state has 1348
1543	1647		defaulted in the performance of its obligations or responsibilities under 1349
1544	1648		this compact, its bylaws or rules, the Interstate Commission may: 1350
1545	1649		(A) Provide remedial training and specific technical assistance; 1351
1546	1650		(B) Provide written notice to the defaulting state and other member 1352
1547	1651		states, of the nature of the default and the means of curing the default. 1353
1548	1652		The Interstate Commission shall specify the conditions by which the 1354
1549	1653		defaulting state shall cure its default; 1355
1550	1654		(C) By majority vote of the members, initiate against a defaulting 1356
1551	1655		member state legal action in the United States District Court for the 1357
1552	1656		District of Columbia or, at the discretion of the Interstate Commission, 1358
1553	1657		in the federal district where the Interstate Commission has its principal 1359
1554	1658		office, to enforce compliance with the provisions of this compact, or the 1360
1555	1659		commission's bylaws or rules. The relief sought may include both 1361
1556	1660		injunctive relief and damages. If judicial enforcement is necessary, the 1362
1557	1661		prevailing party shall be awarded all costs of such litigation, including 1363
1558	1662		reasonable attorney's fees; or 1364
	1663	+	Raised Bill No. 1311
	1664	+
	1665	+
	1666	+
	1667	+	LCO No. 4640 48 of 52
	1668	+
1559	1669		(D) Avail itself of any other remedies available under state law or the 1365
1560	1670		regulation of official or professional conduct. 1366
1561	1671		ARTICLE XIII. Financing of the Commission 1367
1562	1672		(a) The Interstate Commission shall pay or provide for the payment 1368
1563	1673		of the reasonable expenses of its establishment, organization and 1369
1564	1674		ongoing activities. 1370
1565	1675		(b) The Interstate Commission may levy on and collect an annual 1371
1566	1676		assessment from each member state to cover the cost of the operations 1372
1567	1677		and activities of the Interstate Commission and its staff, which shall be 1373
1568	1678		in a total amount sufficient to cover the Interstate Commission's annual 1374
1569	1679		budget as approved by its members each year. The aggregate annual 1375
1570		-	assessment amount shall be allocated based upon a formula to be 1376 Substitute Bill No. 1311
1571		-
1572		-
1573		-	LCO 47 of 50
1574		-
	1680	+	assessment amount shall be allocated based upon a formula to be 1376
1575	1681		determined by the Interstate Commission, which shall promulgate a 1377
1576	1682		rule binding upon all member states. 1378
1577	1683		(c) The Interstate Commission shall not incur obligations of any kind 1379
1578	1684		prior to securing the funds adequate to meet such obligations or pledge 1380
1579	1685		the credit of any member state, except by and with the authority of the 1381
1580	1686		member state. 1382
1581	1687		(d) The Interstate Commission shall keep accurate accounts of all 1383
1582	1688		receipts and disbursements. The receipts and disbursements of the 1384
1583	1689		Interstate Commission shall be subject to the audit and accounting 1385
1584	1690		procedures established under its bylaws, provided all receipts and 1386
1585	1691		disbursements of funds handled by the Interstate Commission shall be 1387
1586	1692		audited yearly by a certified or licensed public accountant and the 1388
1587	1693		report of any such audit shall be included in and become part of the 1389
1588	1694		annual report of the Interstate Commission. 1390
1589	1695		ARTICLE XIV. Member States, Effective Date and Amendment 1391
1590		-	(a) Any state ~~may~~ become a member state. 1392
	1696	+	(a) Any state shall be eligible to become a member state. 1392
1591	1697		(b) This compact shall become effective and binding upon legislative 1393
	1698	+	Raised Bill No. 1311
	1699	+
	1700	+
	1701	+
	1702	+	LCO No. 4640 49 of 52
	1703	+
1592	1704		enactment of this compact into law by not less than thirty-five states. 1394
1593	1705		The effective date shall be the later of July 1, 2007, or upon enactment of 1395
1594	1706		this compact into law by the thirty-fifth state. Thereafter it shall become 1396
1595	1707		effective and binding as to any other member state upon enactment of 1397
1596	1708		this compact into law by that state. The executive heads of the state 1398
1597	1709		human services administration with ultimate responsibility for the child 1399
1598	1710		welfare program of nonmember states or their designees shall be invited 1400
1599	1711		to participate in the activities of the Interstate Commission on a 1401
1600	1712		nonvoting basis prior to adoption of this compact by all states. 1402
1601	1713		(c) The Interstate Commission may propose amendments to this 1403
1602	1714		compact for enactment by the member states. No amendment shall 1404
1603	1715		become effective and binding on the member states unless and until it 1405
1604		-	is enacted into law by unanimous consent of the member states. 1406 Substitute Bill No. 1311
1605		-
1606		-
1607		-	LCO 48 of 50
1608		-
	1716	+	is enacted into law by unanimous consent of the member states. 1406
1609	1717		ARTICLE XV. Withdrawal and Dissolution 1407
1610	1718		(a) Withdrawal 1408
1611	1719		(1) Once effective, this compact shall continue in force and remain 1409
1612		-	binding upon each and every member state, ~~except that~~ a member state 1410
	1720	+	binding upon each and every member state, provided a member state 1410
1613	1721		may withdraw from this compact by repealing the statute that enacted 1411
1614	1722		this compact into law. 1412
1615	1723		(2) Withdrawal from this compact shall be by the enactment of a 1413
1616	1724		statute repealing this compact. The effective date of withdrawal shall be 1414
1617	1725		the effective date of the repeal of the statute. 1415
1618	1726		(3) The withdrawing state shall immediately notify the president of 1416
1619	1727		the Interstate Commission in writing upon the introduction of 1417
1620	1728		legislation repealing this compact in the withdrawing state. The 1418
1621	1729		Interstate Commission shall notify the other member states of the 1419
1622	1730		withdrawing state's intent to withdraw. 1420
1623	1731		(4) The withdrawing state is responsible for all assessments, 1421
1624	1732		obligations and liabilities incurred through the effective date of 1422
	1733	+	Raised Bill No. 1311
	1734	+
	1735	+
	1736	+
	1737	+	LCO No. 4640 50 of 52
	1738	+
1625	1739		withdrawal. 1423
1626	1740		(5) Reinstatement of this compact following withdrawal of a member 1424
1627	1741		state shall occur upon the withdrawing state reenacting this compact or 1425
1628	1742		upon such later date as determined by the members of the Interstate 1426
1629	1743		Commission. 1427
1630	1744		(b) Dissolution of Compact 1428
1631	1745		(1) This compact shall dissolve effective upon the date of the 1429
1632	1746		withdrawal or default of the member state that reduces the membership 1430
1633	1747		in this compact to one member state. 1431
1634	1748		(2) Upon the dissolution of this compact, this compact shall become 1432
1635	1749		null and void and shall be of no further force or effect, and the business 1433
1636	1750		and affairs of the Interstate Commission shall be concluded and surplus 1434
1637		-	funds shall be distributed in accordance with the bylaws. 1435 Substitute Bill No. 1311
1638		-
1639		-
1640		-	LCO 49 of 50
1641		-
	1751	+	funds shall be distributed in accordance with the bylaws. 1435
1642	1752		ARTICLE XVI. Severability and Construction 1436
1643	1753		(a) The provisions of this compact shall be severable, and if any 1437
1644	1754		phrase, clause, sentence or provision is deemed unenforceable, the 1438
1645	1755		remaining provisions of this compact shall be enforceable. 1439
1646	1756		(b) The provisions of this compact shall be liberally construed to 1440
1647	1757		effectuate its purposes. 1441
1648	1758		(c) Nothing in this compact shall be construed to prohibit the 1442
1649	1759		concurrent applicability of other interstate compacts to which the states 1443
1650	1760		are members. 1444
1651	1761		ARTICLE XVII. Binding Effect of Compact and Other Laws 1445
1652	1762		(a) Other Laws 1446
1653	1763		(1) Nothing herein shall prevent the enforcement of any other law of 1447
1654	1764		a member state that is not inconsistent with this compact. 1448
	1765	+	Raised Bill No. 1311
	1766	+
	1767	+
	1768	+
	1769	+	LCO No. 4640 51 of 52
	1770	+
1655	1771		(b) Binding Effect of this Compact 1449
1656	1772		(1) All lawful actions of the Interstate Commission, including all rules 1450
1657	1773		and bylaws promulgated by the Interstate Commission, shall be binding 1451
1658	1774		upon the member states. 1452
1659	1775		(2) All agreements between the Interstate Commission and the 1453
1660	1776		member states shall be binding in accordance with the terms of such 1454
1661	1777		agreements. 1455
1662	1778		(3) If any provision of this compact exceeds the constitutional limits 1456
1663	1779		imposed on the legislature of any member state, such provision shall be 1457
1664	1780		ineffective to the extent of the conflict with the constitutional provision 1458
1665	1781		in question in such member state. 1459
1666	1782		ARTICLE XVIII. Indian Tribes 1460
1667	1783		Notwithstanding any other provision in this compact, the Interstate 1461
1668		-	Commission may promulgate guidelines to permit Indian tribes to 1462 Substitute Bill No. 1311
1669		-
1670		-
1671		-	LCO 50 of 50
1672		-
	1784	+	Commission may promulgate guidelines to permit Indian tribes to 1462
1673	1785		utilize this compact to achieve any or all of the purposes of this compact 1463
1674	1786		as specified in Article I of this compact. The Interstate Commission shall 1464
1675	1787		make reasonable efforts to consult with Indian tribes in promulgating 1465
1676	1788		guidelines to reflect the diverse circumstances of the various Indian 1466
1677	1789		tribes. 1467
1678	1790		This act shall take effect as follows and shall amend the following
1679	1791		sections:
1680	1792
1681	1793		Section 1 July 1, 2025 17a-114
1682	1794		Sec. 2 July 1, 2025 46b-129(j)(6)
1683	1795		Sec. 3 July 1, 2025 17a-28(g)
1684	1796		Sec. 4 July 1, 2025 17a-93
1685	1797		Sec. 5 July 1, 2025 New section
1686	1798		Sec. 6 upon enactment of the
1687	1799		revised Interstate Compact
1688	1800		on the Placement of
1689	1801		Children by thirty-five
1690	1802		jurisdictions
1691	1803		17a-175
	1804	+	Raised Bill No. 1311
1692	1805
1693		-	Statement of Legislative Commissioners:
1694		-	In Section 2(6)(B), ", in its discretion," was deleted for clarity; in Section
1695		-	5, "(NEW)" was added for consistency with standard drafting
1696		-	conventions; and Section 6 was rewritten for clarity and consistency
1697		-	with standard drafting conventions.
1698	1806
1699		-	KID Joint Favorable Subst. -LCO
1700	1807
	1808	+	LCO No. 4640 52 of 52
	1809	+
	1810	+
	1811	+	Statement of Purpose:
	1812	+	To (1) require criminal history searches and records checks for relative
	1813	+	and fictive kin caregivers upon emergency placement of children with
	1814	+	such caregivers by the Department of Children and Families, (2) permit
	1815	+	certain youths previously committed to the care and custody of the
	1816	+	Commissioner of Children and Families to reenter care, (3) require
	1817	+	disclosure of Department of Children and Families records to the
	1818	+	Department of Developmental Services and the Office of Policy and
	1819	+	Management for certain purposes, (4) expand the definition of "child
	1820	+	care facility" for purposes of licensure by the Department of Children
	1821	+	and Families to include certain congregate care settings for individuals
	1822	+	who require special education, until the end of the school year in which
	1823	+	such individuals turn twenty-two years of age, (5) require the
	1824	+	Department of Children and Families to develop a Foster Parent Bill of
	1825	+	Rights and incorporate such bill of rights into department policy, and
	1826	+	(6) revise the Interstate Compact on the Placement of Children.
	1827	+
	1828	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	1829	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	1830	+	underlined.]