24 LC 57 0082
Senate Bill 483
By: Senators Hatchett of the 50th, Kirkpatrick of the 32nd and Tillery of the 19th
AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT
To amend Title 39 of the Official Code of Georgia Annotated, relating to minors, so as to
1
enter into the Interstate Compact for the Placement of Children; to provide for a short title;2
to provide for definitions; to provide for the provisions of the compact; to provide for the3
present compact to remain in effect until the effective date of the new compact and to provide4
for automatic repeal; to amend the Official Code of Georgia Annotated so as to provide for5
conforming changes; to provide for related matters; to provide for an effective date and6
contingent effectiveness; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Title 39 of the Official Code of Georgia Annotated, relating to minors, is amended by adding10
a new chapter to read as follows:11
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"CHAPTER 4A12
39-4A-1.13
This chapter shall be known and may be cited as the 'Interstate Compact for the Placement14
of Children Act.'15
39-4A-2.16
As used in Article III of the Interstate Compact for the Placement of Children contained17
in Code Section 39-4A-7, the term 'deprived' means, with reference to this state, the same18
as the term 'dependent child' as defined in Code Section 15-11-2.19
39-4A-3.20
As defined in Article II of the Interstate Compact for the Placement of Children contained21
in Code Section 39-4A-7, the phrase 'non-relative with such significant ties to the child that22
they may be regarded as relatives' means, with reference to this state, the same as the term23
'fictive kin' as defined in Code Section 15-11-2.24
39-4A-4.25
As defined in Article II of the Interstate Compact for the Placement of Children contained26
in Code Section 39-4A-7, the term 'public child placing agency' means, with reference to27
this state, the Department of Human Services.28
39-4A-5.29
As used in Article VIII of the Interstate Compact for the Placement of Children contained30
in Code Section 39-4A-7, the term 'state human services administration' means, with31
reference to this state, the Department of Human Services.32
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39-4A-6.33
As used in Article III of the Interstate Compact for the Placement of Children contained34
in Code Section 39-4A-7, the term 'unmanageable' means, with reference to this state, the35
same as the term 'child in need of services' as defined in Code Section 15-11-2.36
39-4A-7.37
The Interstate Compact for the Placement of Children is enacted into law and entered into38
with all other jurisdictions legally joining therein in the form substantially as follows:39
'ARTICLE 1. PURPOSE.40
The purpose of this Interstate Compact for the Placement of Children is to:41
(a) Provide a process through which children subject to this compact are placed in safe and42
suitable homes in a timely manner.43
(b) Facilitate ongoing supervision of a placement, the delivery of services, and44
communication between the states.45
(c) Provide operating procedures that will ensure that children are placed in safe and46
suitable homes in a timely manner.47
(d) Provide for the promulgation and enforcement of administrative rules implementing48
the provisions of this compact and regulating the covered activities of the member states.49
(e) Provide for uniform data collection and information sharing between member states50
under this compact.51
(f) Promote coordination between this compact, the Interstate Compact for Juveniles, the52
Interstate Compact on Adoption and Medical Assistance and other compacts affecting the53
placement of and which provide services to children otherwise subject to this compact.54
(g) Provide for a state's continuing legal jurisdiction and responsibility for placement and55
care of a child that it would have had if the placement were intrastate.56
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(h) Provide for the promulgation of guidelines, in collaboration with Indian tribes, for57
interstate cases involving Indian children as is or may be permitted by federal law.58
ARTICLE II. DEFINITIONS.59
As used in this compact,60
(a) 'Approved placement' means the public child placing agency in the receiving state has61
determined that the placement is both safe and suitable for the child.62
(b) 'Assessment' means an evaluation of a prospective placement by a public child placing63
agency in the receiving state to determine if the placement meets the individualized needs64
of the child, including but not limited to the child's safety and stability, health and65
well-being, and mental, emotional, and physical development. An assessment is only66
applicable to a placement by a public child placing agency.67
(c) 'Child' means an individual who has not attained the age of eighteen (18).68
(d) 'Certification' means to attest, declare or swear to before a judge or notary public.69
(e) 'Default' means the failure of a member state to perform the obligations or70
responsibilities imposed upon it by this compact, the bylaws or rules of the Interstate71
Commission.72
(f) 'Home Study' means an evaluation of a home environment conducted in accordance73
with the applicable requirements of the state in which the home is located, and documents74
the preparation and the suitability of the placement resource for placement of a child in75
accordance with the laws and requirements of the state in which the home is located.76
(g) 'Indian tribe' means any Indian tribe, band, nation, or other organized group or77
community of Indians recognized as eligible for services provided to Indians by the78
Secretary of the Interior because of their status as Indians, including any Alaskan native79
village as defined in section 3 (c) of the Alaska Native Claims settlement Act at 4380
USC ยง1602(c).81
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(h) 'Interstate Commission for the Placement of Children' means the commission that is82
created under Article VIII of this compact and which is generally referred to as the83
Interstate Commission.84
(i) 'Jurisdiction' means the power and authority of a court to hear and decide matters.85
(j) 'Legal Risk Placement' ('Legal Risk Adoption') means a placement made preliminary86
to an adoption where the prospective adoptive parents acknowledge in writing that a child87
can be ordered returned to the sending state or the birth mother's state of residence, if88
different from the sending state, and a final decree of adoption shall not be entered in any89
jurisdiction until all required consents are obtained or are dispensed with in accordance90
with applicable law.91
(k) 'Member state' means a state that has enacted this compact.92
(l) 'Non-custodial parent' means a person who, at the time of the commencement of court93
proceedings in the sending state, does not have sole legal custody of the child or has joint94
legal custody of a child, and who is not the subject of allegations or findings of child abuse95
or neglect.96
(m) 'Non-member state' means a state which has not enacted this compact.97
(n) 'Notice of residential placement' means information regarding a placement into a98
residential facility provided to the receiving state including, but not limited to the name,99
date and place of birth of the child, the identity and address of the parent or legal guardian,100
evidence of authority to make the placement, and the name and address of the facility in101
which the child will be placed. Notice of residential placement shall also include102
information regarding a discharge and any unauthorized absence from the facility.103
(o) 'Placement' means the act by a public or private child placing agency intended to104
arrange for the care or custody of a child in another state.105
(p) 'Private child placing agency' means any private corporation, agency, foundation,106
institution, or charitable organization, or any private person or attorney that facilitates,107
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causes, or is involved in the placement of a child from one state to another and that is not108
an instrumentality of the state or acting under color of state law.109
(q) 'Provisional placement' means a determination made by the public child placing agency110
in the receiving state that the proposed placement is safe and suitable, and, to the extent111
allowable, the receiving state has temporarily waived its standards or requirements112
otherwise applicable to prospective foster or adoptive parents so as to not delay the113
placement. Completion of the receiving state requirements regarding training for114
prospective foster or adoptive parents shall not delay an otherwise safe and suitable115
placement.116
(r) 'Public child placing agency' means any government child welfare agency or child117
protection agency or a private entity under contract with such an agency, regardless of118
whether they act on behalf of a state, county, municipality or other governmental unit and119
which facilitates, causes, or is involved in the placement of a child from one state to120
another.121
(s) 'Receiving state' means the state to which a child is sent, brought, or caused to be sent122
or brought.123
(t) 'Relative' means someone who is related to the child as a parent, stepparent, sibling by124
half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a125
non-relative with such significant ties to the child that they may be regarded as relatives126
as determined by the court in the sending state.127
(u) 'Residential Facility' means a facility providing a level of care that is sufficient to128
substitute for parental responsibility or foster care, and is beyond what is needed for129
assessment or treatment of an acute condition. For purposes of the compact, residential130
facilities do not include institutions primarily educational in character, hospitals or other131
medical facilities.132
(v) 'Rule' means a written directive, mandate, standard or principle issued by the Interstate133
Commission promulgated pursuant to Article XI of this compact that is of general134
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applicability and that implements, interprets or prescribes a policy or provision of the135
compact. 'Rule' has the force and effect of an administrative rule in a member state, and136
includes the amendment, repeal, or suspension of an existing rule.137
(w) 'Sending state' means the state from which the placement of a child is initiated.138
(x) 'Service member's permanent duty station' means the military installation where an139
active duty Armed Services member is currently assigned and is physically located under140
competent orders that do not specify the duty as temporary.141
(y) 'Service member's state of legal residence' means the state in which the active duty142
Armed Services member is considered a resident for tax and voting purposes.143
(z) 'State' means a state of the United States, the District of Columbia, the Commonwealth144
of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas145
Islands and any other territory of the United States.146
(aa) 'State court' means a judicial body of a state that is vested by law with responsibility147
for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses148
of individuals who have not attained the age of eighteen (18).149
(bb) 'Supervision' means monitoring provided by the receiving state once a child has been150
placed in a receiving state pursuant to this compact.151
ARTICLE III. APPLICABILITY.152
(a) Except as otherwise provided in Article III, subsection (b), this compact shall apply to:153
(1) The interstate placement of a child subject to ongoing court jurisdiction in the154
sending state, due to allegations or findings that the child has been abused, neglected, or155
deprived as defined by the laws of the sending state, provided, however, that the156
placement of such a child into a residential facility shall only require notice of residential157
placement to the receiving state prior to placement.158
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(2) The interstate placement of a child adjudicated delinquent or unmanageable based159
on the laws of the sending state and subject to ongoing court jurisdiction of the sending160
state if:161
(A) the child is being placed in a residential facility in another member state and is not162
covered under another compact; or163
(B) the child is being placed in another member state and the determination of safety164
and suitability of the placement and services required is not provided through another165
compact.166
(3) The interstate placement of any child by a public child placing agency or private167
child placing agency as defined in this compact as a preliminary step to a possible168
adoption.169
(b) The provisions of this compact shall not apply to:170
(1) The interstate placement of a child in a custody proceeding in which a public child171
placing agency is not a party, provided, the placement is not intended to effectuate an172
adoption.173
(2) The interstate placement of a child with a non-relative in a receiving state by a parent174
with the legal authority to make such a placement provided, however, that the placement175
is not intended to effectuate an adoption.176
(3) The interstate placement of a child by one relative with the lawful authority to make177
such a placement directly with a relative in a receiving state.178
(4) The placement of a child, not subject to Article III, subsection (a), into a residential179
facility by his parent.180
(5) The placement of a child with a non-custodial parent provided that:181
(A) The non-custodial parent proves to the satisfaction of a court in the sending state182
a substantial relationship with the child; and183
(B) The court in the sending state makes a written finding that placement with the184
non-custodial parent is in the best interests of the child; and185
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(C) The court in the sending state dismisses its jurisdiction in interstate placements in186
which the public child placing agency is a party to the proceeding.187
(6) A child entering the United States from a foreign country for the purpose of adoption188
or leaving the United States to go to a foreign country for the purpose of adoption in that189
country.190
(7) Cases in which a U.S. citizen child living overseas with his family, at least one of191
whom is in the U.S. Armed Services, and who is stationed overseas, is removed and192
placed in a state.193
(8) The sending of a child by a public child placing agency or a private child placing194
agency for a visit as defined by the rules of the Interstate Commission.195
(c) For purposes of determining the applicability of this compact to the placement of a196
child with a family in the Armed Services, the public child placing agency or private child197
placing agency may choose the state of the service member's permanent duty station or the198
service member's declared legal residence.199
(d) Nothing in this compact shall be construed to prohibit the concurrent application of the200
provisions of this compact with other applicable interstate compacts including the Interstate201
Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance.202
The Interstate Commission may in cooperation with other interstate compact commissions203
having responsibility for the interstate movement, placement or transfer of children,204
promulgate like rules to ensure the coordination of services, timely placement of children,205
and the reduction of unnecessary or duplicative administrative or procedural requirements.206
ARTICLE IV. JURISDICTION.207
(a) Except as provided in Article IV, subsection (h) and Article V, subsection (b),208
paragraph two and three concerning private and independent adoptions, and in interstate209
placements in which the public child placing agency is not a party to a custody proceeding,210
the sending state shall retain jurisdiction over a child with respect to all matters of custody211
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and disposition of the child which it would have had if the child had remained in the212
sending state. Such jurisdiction shall also include the power to order the return of the child213
to the sending state.214
(b) When an issue of child protection or custody is brought before a court in the receiving215
state, such court shall confer with the court of the sending state to determine the most216
appropriate forum for adjudication.217
(c) In cases that are before courts and subject to this compact, the taking of testimony for218
hearings before any judicial officer may occur in person or by telephone, audio-video219
conference, or such other means as approved by the rules of the Interstate Commission; and220
Judicial officers may communicate with other judicial officers and persons involved in the221
interstate process as may be permitted by their Canons of Judicial Conduct and any rules222
promulgated by the Interstate Commission.223
(d) In accordance with its own laws, the court in the sending state shall have authority to224
terminate its jurisdiction if:225
(1) The child is reunified with the parent in the receiving state who is the subject of226
allegations or findings of abuse or neglect, only with the concurrence of the public child227
placing agency in the receiving state; or228
(2) The child is adopted; or229
(3) The child reaches the age of majority under the laws of the sending state; or230
(4) The child achieves legal independence pursuant to the laws of the sending state; or231
(5) A guardianship is created by a court in the receiving state with the concurrence of the232
court in the sending state; or233
(6) An Indian tribe has petitioned for and received jurisdiction from the court in the234
sending state; or235
(7) The public child placing agency of the sending state requests termination and has236
obtained the concurrence of the public child placing agency in the receiving the state.237
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(e) When a sending state court terminates its jurisdiction, the receiving state child placing238
agency shall be notified.239
(f) Nothing in this article shall defeat a claim of jurisdiction by a receiving state court240
sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child241
as defined by the laws of the receiving state committed by the child in the receiving state242
which would be a violation of its laws.243
(g) Nothing in this article shall limit the receiving state's ability to take emergency244
jurisdiction for the protection of the child.245
(h) The substantive laws of the state in which an adoption will be finalized shall solely246
govern all issues relating to the adoption of the child and the court in which the adoption247
proceeding is filed shall have subject matter jurisdiction regarding all substantive issues248
relating to the adoption, except:249
(1) when the child is a ward of another court that established jurisdiction over the child250
prior to the placement; or251
(2) when the child is in the legal custody of a public agency in the sending state; or252
(3) when a court in the sending state has otherwise appropriately assumed jurisdiction253
over the child, prior to the submission of the request for approval of placement.254
(i) A final decree of adoption shall not be entered in any jurisdiction until the placement255
is authorized as an 'approved placement' by the public child placing agency in the receiving256
state.257
ARTICLE V. PLACEMENT EVALUATION.258
(a) Prior to sending, bringing, or causing a child to be sent or brought into a receiving259
state, the public child placing agency shall provide a written request for assessment to the260
receiving state.261
(b) For placements by a private child placing agency, a child may be sent or brought, or262
caused to be sent or brought, into a receiving state, upon receipt and immediate review of263
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the required content in a request for approval of a placement in both the sending and264
receiving state public child placing agency. The required content to accompany a request265
for approval shall include all of the following:266
(1) A request for approval identifying the child, birth parent(s), the prospective adoptive267
parent(s), and the supervising agency, signed by the person requesting approval; and268
(2) The appropriate consents or relinquishments signed by the birth parents in269
accordance with the laws of the sending state, or where permitted the laws of the state270
where the adoption will be finalized; and271
(3) Certification by a licensed attorney or authorized agent of a private adoption agency272
that the consent or relinquishment is in compliance with the applicable laws of the273
sending state, or where permitted the laws of the state where finalization of the adoption274
will occur; and275
(4) A home study; and276
(5) An acknowledgment of legal risk signed by the prospective adoptive parents.277
(c) The sending state and the receiving state may request additional information or278
documents prior to finalization of an approved placement, but they may not delay travel279
by the prospective adoptive parents with the child if the required content for approval has280
been submitted, received and reviewed by the public child placing agency in both the281
sending state and the receiving state.282
(d) Approval from the public child placing agency in the receiving state for a provisional283
or approved placement is required as provided for in the rules of the Interstate Commission.284
(e) The procedures for making and the request for an assessment shall contain all285
information and be in such form as provided for in the rules of the Interstate Commission.286
(f) Upon receipt of a request from the public child placing agency of the sending state, the287
receiving state shall initiate an assessment of the proposed placement to determine its288
safety and suitability. If the proposed placement is a placement with a relative, the public289
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child placing agency of the sending state may request a determination for a provisional290
placement.291
(g) The public child placing agency in the receiving state may request from the public292
child placing agency or the private child placing agency in the sending state, and shall be293
entitled to receive supporting or additional information necessary to complete the294
assessment or approve the placement.295
(h) The public child placing agency in the receiving state shall approve a provisional296
placement and complete or arrange for the completion of the assessment within the297
timeframes established by the rules of the Interstate Commission.298
(i) For a placement by a private child placing agency, the sending state shall not impose299
any additional requirements to complete the home study that are not required by the300
receiving state, unless the adoption is finalized in the sending state.301
(j) The Interstate Commission may develop uniform standards for the assessment of the302
safety and suitability of interstate placements.303
ARTICLE VI. PLACEMENT AUTHORITY.304
(a) Except as otherwise provided in this Compact, no child subject to this compact shall305
be placed into a receiving state until approval for such placement is obtained.306
(b) If the public child placing agency in the receiving state does not approve the proposed307
placement then the child shall not be placed. The receiving state shall provide written308
documentation of any such determination in accordance with the rules promulgated by the309
Interstate Commission. Such determination is not subject to judicial review in the sending310
state.311
(c) If the proposed placement is not approved, any interested party shall have standing to312
seek an administrative review of the receiving state's determination.313
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(1) The administrative review and any further judicial review associated with the314
determination shall be conducted in the receiving state pursuant to its applicable315
Administrative Procedures Act.316
(2) If a determination not to approve the placement of the child in the receiving state is317
overturned upon review, the placement shall be deemed approved, provided however that318
all administrative or judicial remedies have been exhausted or the time for such remedies319
has passed.320
ARTICLE VII. PLACING AGENCY RESPONSIBILITY.321
(a) For the interstate placement of a child made by a public child placing agency or state322
court:323
(1) The public child placing agency in the sending state shall have financial324
responsibility for:325
(A) the ongoing support and maintenance for the child during the period of the326
placement, unless otherwise provided for in the receiving state; and327
(B) as determined by the public child placing agency in the sending state, services for328
the child beyond the public services for which the child is eligible in the receiving state.329
(2) The receiving state shall only have financial responsibility for:330
(A) any assessment conducted by the receiving state; and331
(B) supervision conducted by the receiving state at the level necessary to support the332
placement as agreed upon by the public child placing agencies of the receiving and333
sending state.334
(3) Nothing in this provision shall prohibit public child placing agencies in the sending335
state from entering into agreements with licensed agencies or persons in the receiving336
state to conduct assessments and provide supervision.337
(b) For the placement of a child by a private child placing agency preliminary to a possible338
adoption, the private child placing agency shall be:339
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(1) Legally responsible for the child during the period of placement as provided for in340
the law of the sending state until the finalization of the adoption.341
(2) Financially responsible for the child absent a contractual agreement to the contrary.342
(c) The public child placing agency in the receiving state shall provide timely assessments,343
as provided for in the rules of the Interstate Commission.344
(d) The public child placing agency in the receiving state shall provide, or arrange for the345
provision of, supervision and services for the child, including timely reports, during the346
period of the placement.347
(e) Nothing in this compact shall be construed as to limit the authority of the public child348
placing agency in the receiving state from contracting with a licensed agency or person in349
the receiving state for an assessment or the provision of supervision or services for the350
child or otherwise authorizing the provision of supervision or services by a licensed agency351
during the period of placement.352
(f) Each member state shall provide for coordination among its branches of government353
concerning the state's participation in, and compliance with, the compact and Interstate354
Commission activities, through the creation of an advisory council or use of an existing355
body or board.356
(g) Each member state shall establish a central state compact office, which shall be357
responsible for state compliance with the compact and the rules of the Interstate358
Commission.359
(h) The public child placing agency in the sending state shall oversee compliance with the360
provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) for placements subject361
to the provisions of this compact, prior to placement.362
(i) With the consent of the Interstate Commission, states may enter into limited agreements363
that facilitate the timely assessment and provision of services and supervision of364
placements under this compact.365
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ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF366
CHILDREN.367
The member states hereby establish, by way of this compact, a commission known as the368
'Interstate Commission for the Placement of Children.' The activities of the Interstate369
Commission are the formation of public policy and are a discretionary state function. The370
Interstate Commission shall:371
(a) Be a joint commission of the member states and shall have the responsibilities, powers372
and duties set forth herein, and such additional powers as may be conferred upon it by373
subsequent concurrent action of the respective legislatures of the member states.374
(b) Consist of one commissioner from each member state who shall be appointed by the375
executive head of the state human services administration with ultimate responsibility for376
the child welfare program. The appointed commissioner shall have the legal authority to377
vote on policy related matters governed by this compact binding the state.378
(1) Each member state represented at a meeting of the Interstate Commission is entitled379
to one vote.380
(2) A majority of the member states shall constitute a quorum for the transaction of381
business, unless a larger quorum is required by the bylaws of the Interstate Commission.382
(3) A representative shall not delegate a vote to another member state.383
(4) A representative may delegate voting authority to another person from their state for384
a specified meeting.385
(c) In addition to the commissioners of each member state, the Interstate Commission shall386
include persons who are members of interested organizations as defined in the bylaws or387
rules of the Interstate Commission. Such members shall be ex officio and shall not be388
entitled to vote on any matter before the Interstate Commission.389
(d) Establish an executive committee which shall have the authority to administer the390
day-to-day operations and administration of the Interstate Commission. It shall not have391
the power to engage in rulemaking.392
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ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION.393
The Interstate Commission shall have the following powers:394
(a) To promulgate rules and take all necessary actions to effect the goals, purposes and395
obligations as enumerated in this compact.396
(b) To provide for dispute resolution among member states.397
(c) To issue, upon request of a member state, advisory opinions concerning the meaning398
or interpretation of the interstate compact, its bylaws, rules or actions.399
(d) To enforce compliance with this compact or the bylaws or rules of the Interstate400
Commission pursuant to Article XII.401
(e) Collect standardized data concerning the interstate placement of children subject to this402
compact as directed through its rules which shall specify the data to be collected, the means403
of collection and data exchange and reporting requirements.404
(f) To establish and maintain offices as may be necessary for the transacting of its405
business.406
(g) To purchase and maintain insurance and bonds.407
(h) To hire or contract for services of personnel or consultants as necessary to carry out408
its functions under the compact and establish personnel qualification policies, and rates of409
compensation.410
(i) To establish and appoint committees and officers including, but not limited to, an411
executive committee as required by Article X.412
(j) To accept any and all donations and grants of money, equipment, supplies, materials,413
and services, and to receive, utilize, and dispose thereof.414
(k) To lease, purchase, accept contributions or donations of, or otherwise to own, hold,415
improve or use any property, real, personal, or mixed.416
(l) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of417
any property, real, personal or mixed.418
(m) To establish a budget and make expenditures.419
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(n) To adopt a seal and bylaws governing the management and operation of the Interstate420
Commission.421
(o) To report annually to the legislatures, governors, the judiciary, and state advisory422
councils of the member states concerning the activities of the Interstate Commission during423
the preceding year. Such reports shall also include any recommendations that may have424
been adopted by the Interstate Commission.425
(p) To coordinate and provide education, training and public awareness regarding the426
interstate movement of children for officials involved in such activity.427
(q) To maintain books and records in accordance with the bylaws of the Interstate428
Commission.429
(r) To perform such functions as may be necessary or appropriate to achieve the purposes430
of this compact.431
ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE432
COMMISSION.433
(a) Bylaws434
(1) Within 12 months after the first Interstate Commission meeting, the Interstate435
Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate436
to carry out the purposes of the compact.437
(2) The Interstate Commission's bylaws and rules shall establish conditions and438
procedures under which the Interstate Commission shall make its information and official439
records available to the public for inspection or copying. The Interstate Commission may440
exempt from disclosure information or official records to the extent they would adversely441
affect personal privacy rights or proprietary interests.442
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(b) Meetings443
(1) The Interstate Commission shall meet at least once each calendar year. The444
chairperson may call additional meetings and, upon the request of a simple majority of445
the member states shall call additional meetings.446
(2) Public notice shall be given by the Interstate Commission of all meetings and all447
meetings shall be open to the public, except as set forth in the rules or as otherwise448
provided in the compact. The Interstate Commission and its committees may close a449
meeting, or portion thereof, where it determines by two-thirds vote that an open meeting450
would be likely to:451
(A) relate solely to the Interstate Commission's internal personnel practices and452
procedures; or453
(B) disclose matters specifically exempted from disclosure by federal law; or454
(C) disclose financial or commercial information which is privileged, proprietary or455
confidential in nature; or456
(D) involve accusing a person of a crime, or formally censuring a person; or457
(E) disclose information of a personal nature where disclosure would constitute a458
clearly unwarranted invasion of personal privacy or physically endanger one or more459
persons; or460
(F) disclose investigative records compiled for law enforcement purposes; or461
(G) specifically relate to the Interstate Commission's participation in a civil action or462
other legal proceeding.463
(3) For a meeting, or portion of a meeting, closed pursuant to this provision, the464
Interstate Commission's legal counsel or designee shall certify that the meeting may be465
closed and shall reference each relevant exemption provision. The Interstate Commission466
shall keep minutes which shall fully and clearly describe all matters discussed in a467
meeting and shall provide a full and accurate summary of actions taken, and the reasons468
therefore, including a description of the views expressed and the record of a roll call vote. 469
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All documents considered in connection with an action shall be identified in such470
minutes. All minutes and documents of a closed meeting shall remain under seal, subject471
to release by a majority vote of the Interstate Commission or by court order.472
(4) The bylaws may provide for meetings of the Interstate Commission to be conducted473
by telecommunication or other electronic communication.474
(c) Officers and Staff475
(1) The Interstate Commission may, through its executive committee, appoint or retain476
a staff director for such period, upon such terms and conditions and for such477
compensation as the Interstate Commission may deem appropriate. The staff director478
shall serve as secretary to the Interstate Commission, but shall not have a vote. The staff479
director may hire and supervise such other staff as may be authorized by the Interstate480
Commission.481
(2) The Interstate Commission shall elect, from among its members, a chairperson and482
a vice chairperson of the executive committee and other necessary officers, each of whom483
shall have such authority and duties as may be specified in the bylaws.484
(d) Qualified Immunity, Defense and Indemnification485
(1) The Interstate Commission's staff director and its employees shall be immune from486
suit and liability, either personally or in their official capacity, for a claim for damage to487
or loss of property or personal injury or other civil liability caused or arising out of or488
relating to an actual or alleged act, error, or omission that occurred, or that such person489
had a reasonable basis for believing occurred within the scope of Commission490
employment, duties, or responsibilities; provided, that such person shall not be protected491
from suit or liability for damage, loss, injury, or liability caused by a criminal act or the492
intentional or willful and wanton misconduct of such person.493
(A) The liability of the Interstate Commission's staff director and employees or494
Interstate Commission representatives, acting within the scope of such person's495
employment or duties for acts, errors, or omissions occurring within such person's state496
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may not exceed the limits of liability set forth under the Constitution and laws of that497
state for state officials, employees, and agents. The Interstate Commission is498
considered to be an instrumentality of the states for the purposes of any such action. 499
Nothing in this subsection shall be construed to protect such person from suit or500
liability for damage, loss, injury, or liability caused by a criminal act or the intentional501
or willful and wanton misconduct of such person.502
(B) The Interstate Commission shall defend the staff director and its employees and,503
subject to the approval of the Attorney General or other appropriate legal counsel of the504
member state shall defend the commissioner of a member state in a civil action seeking505
to impose liability arising out of an actual or alleged act, error or omission that occurred506
within the scope of Interstate Commission employment, duties or responsibilities, or507
that the defendant had a reasonable basis for believing occurred within the scope of508
Interstate Commission employment, duties, or responsibilities, provided that the actual509
or alleged act, error, or omission did not result from intentional or willful and wanton510
misconduct on the part of such person.511
(C) To the extent not covered by the state involved, member state, or the Interstate512
Commission, the representatives or employees of the Interstate Commission shall be513
held harmless in the amount of a settlement or judgment, including attorney's fees and514
costs, obtained against such persons arising out of an actual or alleged act, error, or515
omission that occurred within the scope of Interstate Commission employment, duties,516
or responsibilities, or that such persons had a reasonable basis for believing occurred517
within the scope of Interstate Commission employment, duties, or responsibilities,518
provided that the actual or alleged act, error, or omission did not result from intentional519
or willful and wanton misconduct on the part of such persons.520
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ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION.521
(a) The Interstate Commission shall promulgate and publish rules in order to effectively522
and efficiently achieve the purposes of the compact.523
(b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws524
and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the525
principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws526
Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate527
Commission deems appropriate consistent with due process requirements under the United528
States Constitution as now or hereafter interpreted by the U. S. Supreme Court. All rules529
and amendments shall become binding as of the date specified, as published with the final530
version of the rule as approved by the Interstate Commission.531
(c) When promulgating a rule, the Interstate Commission shall, at a minimum:532
(1) Publish the proposed rule's entire text stating the reason(s) for that proposed rule; and533
(2) Allow and invite any and all persons to submit written data, facts, opinions and534
arguments, which information shall be added to the record, and be made publicly535
available; and536
(3) Promulgate a final rule and its effective date, if appropriate, based on input from state537
or local officials, or interested parties.538
(d) Rules promulgated by the Interstate Commission shall have the force and effect of539
administrative rules and shall be binding in the compacting states to the extent and in the540
manner provided for in this compact.541
(e) Not later than 60 days after a rule is promulgated, an interested person may file a542
petition in the U.S. District Court for the District of Columbia or in the Federal District543
Court where the Interstate Commission's principal office is located for judicial review of544
such rule. If the court finds that the Interstate Commission's action is not supported by545
substantial evidence in the rulemaking record, the court shall hold the rule unlawful and546
set it aside.547
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(f) If a majority of the legislatures of the member states rejects a rule, those states may by548
enactment of a statute or resolution in the same manner used to adopt the compact cause549
that such rule shall have no further force and effect in any member state.550
(g) The existing rules governing the operation of the Interstate Compact on the Placement551
of Children superseded by this act shall be null and void no less than 12, but no more552
than 24 months after the first meeting of the Interstate Commission created hereunder, as553
determined by the members during the first meeting.554
(h) Within the first 12 months of operation, the Interstate Commission shall promulgate555
rules addressing the following:556
(1) Transition rules557
(2) Forms and procedures558
(3) Time lines559
(4) Data collection and reporting560
(5) Rulemaking561
(6) Visitation562
(7) Progress reports/supervision563
(8) Sharing of information/confidentiality564
(9) Financing of the Interstate Commission565
(10) Mediation, arbitration and dispute resolution566
(11) Education, training and technical assistance567
(12) Enforcement568
(13) Coordination with other interstate compacts569
(i) Upon determination by a majority of the members of the Interstate Commission that an570
emergency exists:571
(1) The Interstate Commission may promulgate an emergency rule only if it is required572
to:573
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(A) Protect the children covered by this compact from an imminent threat to their574
health, safety and well-being; or575
(B) Prevent loss of federal or state funds; or576
(C) Meet a deadline for the promulgation of an administrative rule required by federal577
law.578
(2) An emergency rule shall become effective immediately upon adoption, provided that579
the usual rulemaking procedures provided hereunder shall be retroactively applied to said580
rule as soon as reasonably possible, but no later than 90 days after the effective date of581
the emergency rule.582
(3) An emergency rule shall be promulgated as provided for in the rules of the Interstate583
Commission.584
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT.585
(a) Oversight586
(1) The Interstate Commission shall oversee the administration and operation of the587
compact.588
(2) The executive, legislative and judicial branches of state government in each member589
state shall enforce this compact and the rules of the Interstate Commission and shall take590
all actions necessary and appropriate to effectuate the compact's purposes and intent. The591
compact and its rules shall be binding in the compacting states to the extent and in the592
manner provided for in this compact.593
(3) All courts shall take judicial notice of the compact and the rules in any judicial or594
administrative proceeding in a member state pertaining to the subject matter of this595
compact.596
(4) The Interstate Commission shall be entitled to receive service of process in any597
action in which the validity of a compact provision or rule is the issue for which a judicial598
determination has been sought and shall have standing to intervene in any proceedings.599
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Failure to provide service of process to the Interstate Commission shall render any600
judgment, order or other determination, however so captioned or classified, void as to the601
Interstate Commission, this compact, its bylaws or rules of the Interstate Commission.602
(b) Dispute Resolution603
(1) The Interstate Commission shall attempt, upon the request of a member state, to604
resolve disputes which are subject to the compact and which may arise among member605
states and between member and non-member states.606
(2) The Interstate Commission shall promulgate a rule providing for both mediation and607
binding dispute resolution for disputes among compacting states. The costs of such608
mediation or dispute resolution shall be the responsibility of the parties to the dispute.609
(c) Enforcement610
(1) If the Interstate Commission determines that a member state has defaulted in the611
performance of its obligations or responsibilities under this compact, its bylaws or rules,612
the Interstate Commission may:613
(A) Provide remedial training and specific technical assistance; or614
(B) Provide written notice to the defaulting state and other member states, of the nature615
of the default and the means of curing the default. The Interstate Commission shall616
specify the conditions by which the defaulting state must cure its default; or617
(C) By majority vote of the members, initiate against a defaulting member state legal618
action in the United State District Court for the District of Columbia or, at the619
discretion of the Interstate Commission, in the federal district where the Interstate620
Commission has its principal office, to enforce compliance with the provisions of the621
compact, its bylaws or rules. The relief sought may include both injunctive relief and622
damages. In the event judicial enforcement is necessary the prevailing party shall be623
awarded all costs of such litigation including reasonable attorney's fees; or624
(D) Avail itself of any other remedies available under state law or the regulation of625
official or professional conduct.626
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ARTICLE XIII. FINANCING OF THE COMMISSION.627
(a) The Interstate Commission shall pay, or provide for the payment of the reasonable628
expenses of its establishment, organization and ongoing activities.629
(b) The Interstate Commission may levy on and collect an annual assessment from each630
member state to cover the cost of the operations and activities of the Interstate Commission631
and its staff which must be in a total amount sufficient to cover the Interstate Commission's632
annual budget as approved by its members each year. The aggregate annual assessment633
amount shall be allocated based upon a formula to be determined by the Interstate634
Commission which shall promulgate a rule binding upon all member states.635
(c) The Interstate Commission shall not incur obligations of any kind prior to securing the636
funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of637
any of the member states, except by and with the authority of the member state.638
(d) The Interstate Commission shall keep accurate accounts of all receipts and639
disbursements. The receipts and disbursements of the Interstate Commission shall be640
subject to the audit and accounting procedures established under its bylaws. However, all641
receipts and disbursements of funds handled by the Interstate Commission shall be audited642
yearly by a certified or licensed public accountant and the report of the audit shall be643
included in and become part of the annual report of the Interstate Commission.644
ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT.645
(a) Any state is eligible to become a member state.646
(b) The compact shall become effective and binding upon legislative enactment of the647
compact into law by no less than 35 states. The effective date shall be the later of648
July 1, 2007 or upon enactment of the compact into law by the 35th state. Thereafter it649
shall become effective and binding as to any other member state upon enactment of the650
compact into law by that state. The executive heads of the state human services651
administration with ultimate responsibility for the child welfare program of non-member652
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states or their designees shall be invited to participate in the activities of the Interstate653
Commission on a non-voting basis prior to adoption of the compact by all states.654
(c) The Interstate Commission may propose amendments to the compact for enactment by655
the member states. No amendment shall become effective and binding on the member656
states unless and until it is enacted into law by unanimous consent of the member states.657
ARTICLE XV. WITHDRAWAL AND DISSOLUTION.658
(a) Withdrawal659
(1) Once effective, the compact shall continue in force and remain binding upon each660
and every member state; provided that a member state may withdraw from the compact661
specifically repealing the statute which enacted the compact into law.662
(2) Withdrawal from this compact shall be by the enactment of a statute repealing the663
same. The effective date of withdrawal shall be the effective date of the repeal of the664
statute.665
(3) The withdrawing state shall immediately notify the president of the Interstate666
Commission in writing upon the introduction of legislation repealing this compact in the667
withdrawing state. The Interstate Commission shall then notify the other member states668
of the withdrawing state's intent to withdraw.669
(4) The withdrawing state is responsible for all assessments, obligations and liabilities670
incurred through the effective date of withdrawal.671
(5) Reinstatement following withdrawal of a member state shall occur upon the672
withdrawing state reenacting the compact or upon such later date as determined by the673
members of the Interstate Commission.674
(b) Dissolution of Compact675
(1) This compact shall dissolve effective upon the date of the withdrawal or default of676
the member state which reduces the membership in the compact to one member state.677
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(2) Upon the dissolution of this compact, the compact becomes null and void and shall678
be of no further force or effect, and the business and affairs of the Interstate Commission679
shall be concluded and surplus funds shall be distributed in accordance with the bylaws.680
ARTICLE XVI. SEVERABILITY AND CONSTRUCTION.681
(a) The provisions of this compact shall be severable, and if any phrase, clause, sentence682
or provision is deemed unenforceable, the remaining provisions of the compact shall be683
enforceable.684
(b) The provisions of this compact shall be liberally construed to effectuate its purposes.685
(c) Nothing in this compact shall be construed to prohibit the concurrent applicability of686
other interstate compacts to which the states are members.687
ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS.688
(a) Other Laws689
(1) Nothing herein prevents the enforcement of any other law of a member state that is690
not inconsistent with this compact.691
(b) Binding Effect of the Compact692
(1) All lawful actions of the Interstate Commission, including all rules and bylaws693
promulgated by the Interstate Commission, are binding upon the member states.694
(2) All agreements between the Interstate Commission and the member states are binding695
in accordance with their terms.696
(3) In the event any provision of this compact exceeds the constitutional limits imposed697
on the legislature of any member state, such provision shall be ineffective to the extent698
of the conflict with the constitutional provision in question in that member state.699
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ARTICLE XVIII. INDIAN TRIBES.700
Notwithstanding any other provision in this compact, the Interstate Commission may701
promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all702
of the purposes of the compact as specified in Article I. The Interstate Commission shall703
make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect704
the diverse circumstances of the various Indian tribes.'705
SECTION 2.706
Said title is further amended by repealing and reserving Chapter 4, relating to the Interstate707
Compact on the Placement of Children.708
SECTION 3.709
The Official Code of Georgia Annotated is amended by replacing "Code Section 39-4-4"710
with "Code Section 39-4A-7" wherever the former phrase appears in:711
(1) Code Section 15-11-201, relating to DFCS case plan and contents; and712
(2) Code Section 15-11-212, relating to disposition of a dependent child.713
SECTION 4.714
The Official Code of Georgia Annotated is further amended by replacing "Chapter 4 of Title715
39" with "Chapter 4A of Title 39", wherever the former phrase appears in:716
(1) 19-8-2, relating to jurisdiction and venue of adoption proceedings;717
(2) 19-8-3, relating to who may adopt a child and when petition must be filed in names of718
both spouses;719
(3) 19-8-4, relating to adoption through the department, child-placing agency, or720
out-of-state license agency;721
(4) 19-8-5, relating to third party adoption by party who is not stepparent or relative of722
child;723
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(5) 19-8-7, relating to adoption by certain relatives related to child by blood or marriage;
724
(6) 19-8-11, relating to petitioning superior court to terminate rights of one parent or725
guardian of child and service of process; and726
(7) 19-8-13, relating to petition, filing and contents, financial disclosures, attorney's727
affidavit, and redaction of certain information unnecessary.728
SECTION 5.729
The Official Code of Georgia Annotated is further amended by replacing "Interstate Compact730
on the Placement of Children" with "Interstate Compact for the Placement of Children",731
wherever the former phrase appears in:732
(1) 15-11-201, relating to DFCS case plan and contents;733
(2) 15-11-212, relating to disposition of dependent child;734
(3) 19-8-2, relating to jurisdiction and venue of adoption proceedings;735
(4) 19-8-3, relating to who may adopt a child and when petition must be filed in names of736
both spouses;737
(5) 19-8-4, relating to adoption through the department, child-placing agency, or738
out-of-state licensed agency;739
(6) 19-8-5, relating to third party adoption by party who is not stepparent or relative of740
child;741
(7) 19-8-7, relating to adoption by certain relatives related to child by blood or marriage;742
(8) 19-8-13, relating to petition, filing and contents, financial disclosures, attorney's743
affidavit, and redaction of certain information unnecessary; and744
(9) 49-4B-2, relating to the Interstate Compact for Juveniles.745
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SECTION 6.
746
(a) Except as otherwise provided in subsection (b) of this section, this Act shall become747
effective upon its approval by the Governor or upon its becoming law without such approval. 748
(b) Sections 1 through 5 of this Act shall become effective upon enactment of the Interstate749
Compact for the Placement of Children into law by the thirty-fifth state.750
SECTION 7.751
All laws and parts of laws in conflict with this Act are repealed.752
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