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 Section 17a-114 of the general statutes is repealed and the 1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