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Regular Session, 2010
SENATE BILL NO. 644
BY SENATOR BROOME
CHILDREN'S CODE. Provides for the Interstate Compact on the Placement of Children.
(see Act)
AN ACT1
To enact Chapter 2-A of Title XVI of the Louisiana Children's Code, comprised of Arts.2
1623 through 1640, and to repeal Chapter 2 of Title XVI of the Louisiana Children's3
Code, comprised of Arts. 1608 through 1622, relative to the Interstate Compact on4
the Placement of Children; to authorize the state to enter into an interstate compact5
on the placement of children; to provide procedures, terms, conditions, requirements,6
and effects; to provide purposes and definitions; to provide relative to compact7
applicability; to provide relative to jurisdiction, assessments, placement, and state8
responsibility; to establish an interstate commission for the placement of children9
and provide for its powers, duties, membership, procedures, organization, operation,10
officers and staff; to provide certain qualified immunity, defenses, and11
indemnification; to provide for rulemaking functions and procedures; to provide for12
the effects of rules promulgated by the commission; to provide for judicial review13
of such rules; to provide for oversight of the compact by the commission; to provide14
for dispute resolution and enforcement of the compact; to provide for financing of15
the commission; to provide for effective dates of the compact; to provide for16
withdrawal and dissolution of the compact; to provide for legal effects of the17 SB NO. 644
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compact; to provide for Indian tribes; to provide for rulemaking authority by the1
Department of Social Services; to provide certain effective dates; and to provide for2
related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. Chapter 2-A of Title XVI of the Louisiana Children's Code, comprised of5
Arts. 1623 through 1640, is hereby enacted to read as follows:6
Art. 1623. Interstate compact on the placement of children; purpose7
The provisions of this Chapter shall constitute the Interstate Compact8
for the Placement of Children. The purpose of the compact is to:9
A. Provide a process through which children subject to the compact are10
placed in safe and suitable homes in a timely manner.11
B. Facilitate ongoing supervision of a placement, the delivery of services,12
and communication between the states.13
C. Provide operating procedures that will ensure that children are placed14
in safe and suitable homes in a timely manner.15
D. Provide for the promulgation and enforcement of administrative rules16
implementing the provisions of the compact and regulating the covered17
activities of the member states.18
E. Provide for uniform data collection and information sharing between19
member states under the compact.20
F. Promote coordination between the compact, the Interstate Compact21
for Juveniles, the Interstate Compact on Adoption and Medical Assistance and22
other compacts affecting the placement of and which provide services to23
children otherwise subject to the compact.24
G. Provide for a state's continuing legal jurisdiction and responsibility25
for placement and care of a child that it would have had if the placement were26
intrastate.27
H. Provide for the promulgation of guidelines, in collaboration with28
Indian tribes, for interstate cases involving Indian children as is or may be29 SB NO. 644
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permitted by federal law.1
Art. 1624. Definitions2
As used in this Chapter:3
(1) "Approved placement" means the receiving state has determined4
after an assessment that the placement is both safe and suitable for the child5
and is in compliance with the applicable laws of the receiving state governing6
the placement of children therein.7
(2) "Assessment" means an evaluation of a prospective placement to8
determine whether the placement meets the individualized needs of the child,9
including but not limited to the child's safety and stability, health and well-10
being, and mental, emotional and physical development.11
(3) "Child" means an individual who has not attained eighteen years of12
age.13
(4) "Default" means the failure of a member state to perform the14
obligations or responsibilities imposed upon it by the compact, the bylaws or15
rules of the Interstate Commission.16
(5) "Indian tribe" means any Indian tribe, band, nation, or other17
organized group or community of Indians recognized as eligible for services18
provided to Indians by the Secretary of the Interior because of their status as19
Indians, including any Alaskan native village as defined in section 3(C) of the20
Alaska Native Claims Settlement Act at 43 USC ยง1602(C).21
(6) "Interstate Commission for the Placement of Children" means the22
commission that is created under this Chapter and the compact and which is23
generally referred to as the Interstate Commission.24
(7) "Jurisdiction" means the power and authority of a court to hear and25
decide matters.26
(8) "Member state" means a state that has enacted the compact.27
(9) "Non custodial parent" means a person who, at the time of the28
commencement of court proceedings in the sending state, does not have sole29 SB NO. 644
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legal custody of the child or has joint legal custody of a child, and who is not the1
subject of allegations or findings of child abuse or neglect.2
(10) "Non-member state" means a state which has not enacted the3
compact.4
(11) "Notice of residential placement" means information regarding a5
placement into a residential facility provided to the receiving state including,6
but not limited to the name, date and place of birth of the child, the identity and7
address of the parent or legal guardian, evidence of authority to make the8
placement, and the name and address of the facility in which the child will be9
placed. Notice of residential placement shall also include information regarding10
a discharge and any unauthorized absence from the facility.11
(12) "Placement" means the act by a public or private child placing12
agency intended to arrange for the care or custody of a child in another state.13
(13) "Private child placing agency" means any private corporation,14
agency, foundation, institution, or charitable organization, or any private15
person or attorney that facilitates, causes, or is involved in the placement of a16
child from one state to another and that is not an instrumentality of the state or17
acting under color of state law.18
(14) "Provisional placement" means that the receiving state has19
determined that the proposed placement is safe and suitable, and, to the extent20
allowable, the receiving state has temporarily waived its standards or21
requirements otherwise applicable to prospective foster or adoptive parents so22
as to not delay the placement. Completion of the receiving state requirements23
regarding training for prospective foster or adoptive parents shall not delay an24
otherwise safe and suitable placement.25
(15) "Public child placing agency" means any government child welfare26
agency or child protection agency or a private entity under contract with such27
an agency, regardless of whether they act on behalf of a state, county,28
municipality or other governmental unit and which facilitates, causes, or is29 SB NO. 644
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involved in the placement of a child from one state to another.1
(16) "Receiving state" means the state to which a child is sent, brought,2
or caused to be sent or brought.3
(17) "Relative" means someone who is related to the child as a parent,4
step-parent, sibling by half or whole blood or by adoption, grandparent, aunt,5
uncle, or first cousin or a non-relative with such significant ties to the child that6
they may be regarded as relatives as determined by the court in the sending7
state.8
(18) "Residential Facility" means a facility providing a level of care that9
is sufficient to substitute for parental responsibility or foster care, and is beyond10
what is needed for assessment or treatment of an acute condition. For purposes11
of the compact, residential facilities do not include institutions primarily12
educational in character, hospitals or other medical facilities.13
(19) "Rule" means a written directive, mandate, standard or principle14
issued by the Interstate Commission promulgated pursuant to this Chapter that15
is of general applicability and that implements, interprets or prescribes a policy16
or provision of the compact. "Rule" has the force and effect of statutory law in17
a member state, and includes the amendment, repeal, or suspension of an18
existing rule.19
(20) "Sending state" means the state from which the placement of a child20
is initiated.21
(21) "Service member's permanent duty station" means the military22
installation where an active duty Armed Services member is currently assigned23
and is physically located under competent orders that do not specify the duty24
as temporary.25
(22) "Service member's state of legal residence" means the state in which26
the active duty Armed Services member is considered a resident for tax and27
voting purposes.28
(23) "State" means a state of the United States, the District of Columbia,29 SB NO. 644
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the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American1
Samoa, the Northern Marianas Islands and any other territory of the United2
States.3
(24) "State court" means a judicial body of a state that is vested by law4
with responsibility for adjudicating cases involving abuse, neglect, deprivation,5
delinquency or status offenses of individuals who have not attained the age of6
eighteen.7
(25) "Supervision" means monitoring provided by the receiving state8
once a child has been placed in a receiving state pursuant to the compact.9
Art. 1625. Compact applicability10
A. Except as otherwise provided in Paragraph B, the compact shall apply11
to:12
(1) The interstate placement of a child subject to ongoing court13
jurisdiction in the sending state, due to allegations or findings that the child has14
been abused, neglected, or deprived as defined by the laws of the sending state,15
provided, however, that the placement of such a child into a residential facility16
shall only require notice of residential placement to the receiving state prior to17
placement.18
(2) The interstate placement of a child adjudicated delinquent or19
unmanageable based on the laws of the sending state and subject to ongoing20
court jurisdiction of the sending state if:21
(a) the child is being placed in a residential facility in another member22
state and is not covered under another compact; or23
(b) the child is being placed in another member state and the24
determination of safety and suitability of the placement and services required25
is not provided through another compact.26
(3) The interstate placement of any child by a public child placing agency27
or private child placing agency as defined in the compact as a preliminary step28
to a possible adoption.29 SB NO. 644
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B. The provisions of the compact shall not apply to:1
(1) The interstate placement of a child with a non-relative in a receiving2
state by a parent with the legal authority to make such a placement provided,3
however, that the placement is not intended to effectuate an adoption.4
(2) The interstate placement of a child by one relative with the lawful5
authority to make such a placement directly with a relative in a receiving state.6
(3) The placement of a child, not subject to Article 1625(A), into a7
residential facility by his parent.8
(4) The placement of a child with a noncustodial parent provided that:9
(a) The noncustodial parent proves to the satisfaction of a court in the10
sending state a substantial relationship with the child; and11
(b) The court in the sending state makes a written finding that12
placement with the noncustodial parent is in the best interests of the child; and13
(c) The court in the sending state dismisses its jurisdiction over the14
child's case.15
(5) A child entering the United States from a foreign country for the16
purpose of adoption or leaving the United States to go to a foreign country for17
the purpose of adoption in that country.18
(6) Cases in which a U.S. citizen child living overseas with his family, at19
least one of whom is in the U.S. Armed Services, and who is stationed overseas,20
is removed and placed in a state.21
(7) The sending of a child by a public child placing agency or a private22
child placing agency for a visit as defined by the rules of the Interstate23
Commission.24
C. For purposes of determining the applicability of the compact to the25
placement of a child with a family in the Armed Services, the public child26
placing agency or private child placing agency may choose the state of the27
service member's permanent duty station or the service member's declared28
legal residence.29 SB NO. 644
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D. Nothing in this Chapter shall be construed to prohibit the concurrent1
application of the provisions of the compact with other applicable interstate2
compacts including the Interstate Compact for Juveniles and the Interstate3
Compact on Adoption and Medical Assistance. The Interstate Commission may4
in cooperation with other interstate compact commissions having responsibility5
for the interstate movement, placement or transfer of children, promulgate like6
rules to ensure the coordination of services, timely placement of children, and7
the reduction of unnecessary or duplicative administrative or procedural8
requirements.9
Art. 1626. Jurisdiction10
A. The sending state shall retain jurisdiction over a child with respect to11
all matters of custody and disposition of the child which it would have had if the12
child had remained in the sending state. Such jurisdiction shall also include the13
power to order the return of the child to the sending state.14
B. When an issue of child protection or custody is brought before a court15
in the receiving state, such court shall confer with the court of the sending state16
to determine the most appropriate forum for adjudication.17
C. In accordance with its own laws, the court in the sending state shall18
have authority to terminate its jurisdiction if:19
(1) The child is reunified with the parent in the receiving state who is the20
subject of allegations or findings of abuse or neglect, only with the concurrence21
of the public child placing agency in the receiving state; or22
(2) The child is adopted; or23
(3) The child reaches the age of majority under the laws of the sending24
state; or25
(4) The child achieves legal independence pursuant to the laws of the26
sending state; or27
(5) A guardianship is created by a court in the receiving state with the28
concurrence of the court in the sending state; or29 SB NO. 644
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(6) An Indian tribe has petitioned for and received jurisdiction from the1
court in the sending state; or2
(7) The public child placing agency of the sending state requests3
termination and has obtained the concurrence of the public child placing agency4
in the receiving state.5
D. When a sending state court terminates its jurisdiction, the receiving6
state child placing agency shall be notified.7
E. Nothing in this Article shall defeat a claim of jurisdiction by a8
receiving state court sufficient to deal with an act of truancy, delinquency, crime9
or behavior involving a child as defined by the laws of the receiving state10
committed by the child in the receiving state which would be a violation of its11
laws.12
F. Nothing in this Article shall limit the receiving state's ability to take13
emergency jurisdiction for the protection of the child.14
Art. 1627. Assessments15
A. Prior to sending, bringing, or causing a child to be sent or brought16
into a receiving state, the public child placing agency shall provide a written17
request for assessment to the receiving state.18
B. Prior to the sending, bringing, or causing a child to be sent or brought19
into a receiving state, the private child placing agency shall:20
(1) Provide evidence that the applicable laws of the sending state have21
been complied with; and22
(2) Certification that the consent or relinquishment is in compliance with23
applicable law of the birth parent's state of residence or, where permitted, the24
laws of the state of where the finalization of the adoption will occur; and25
(3) Request through the public child placing agency in the sending state26
an assessment to be conducted in the receiving state; and27
(4) Upon completion of the assessment, obtain the approval of the public28
child placing agency in the receiving state.29 SB NO. 644
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C. The procedures for making and the request for an assessment shall1
contain all information and be in such form as provided for in the rules of the2
Interstate Commission.3
D. Upon receipt of a request from the public child welfare agency of the4
sending state, the receiving state shall initiate an assessment of the proposed5
placement to determine its safety and suitability. If the proposed placement is6
a placement with a relative, the public child placing agency of the sending state7
may request a determination of whether the placement qualifies as a provisional8
placement.9
E. The public child placing agency in the receiving state may request10
from the public child placing agency or the private child placing agency in the11
sending state, and shall be entitled to receive supporting or additional12
information necessary to complete the assessment.13
F. The public child placing agency in the receiving state shall complete14
or arrange for the completion of the assessment within the timeframes15
established by the rules of the Interstate Commission.16
G. The Interstate Commission may develop uniform standards for the17
assessment of the safety and suitability of interstate placements.18
Art. 1628. Placement authority19
A. Except as provided in Paragraph C, no child subject to the compact20
shall be placed into a receiving state until approval for such placement is21
obtained.22
B. If the public child placing agency in the receiving state does not23
approve the proposed placement then the child shall not be placed. The24
receiving state shall provide written documentation of any such determination25
in accordance with the rules promulgated by the Interstate Commission. Such26
determination is not subject to judicial review in the sending state.27
C. If the proposed placement is not approved, any interested party shall28
have standing to seek an administrative review of the receiving state's29 SB NO. 644
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determination.1
D. The administrative review and any further judicial review associated2
with the determination shall be conducted in the receiving state pursuant to its3
applicable administrative procedures.4
E. If a determination not to approve the placement of the child in the5
receiving state is overturned upon review, the placement shall be deemed6
approved, provided however that all administrative or judicial remedies have7
been exhausted or the time for such remedies has passed.8
Art. 1629. State Responsibility9
A. For the interstate placement of a child made by a public child placing10
agency or state court:11
(1) The public child placing agency in the sending state shall have12
financial responsibility for:13
(a) the ongoing support and maintenance for the child during the period14
of the placement, unless otherwise provided for in the receiving state; and15
(b) as determined by the public child placing agency in the sending state,16
services for the child beyond the public services for which the child is eligible17
in the receiving state.18
(2) The receiving state shall only have financial responsibility for:19
(a) any assessment conducted by the receiving state; and20
(b) supervision conducted by the receiving state at the level necessary21
to support the placement as agreed upon by the public child placing agencies of22
the receiving and sending state.23
(3) Nothing in this Article shall prohibit public child placing agencies in24
the sending state from entering into agreements with licensed agencies or25
persons in the receiving state to conduct assessments and provide supervision.26
B. For the placement of a child by a private child placing agency27
preliminary to a possible adoption, the private child placing agency shall be:28
(1) Legally responsible for the child during the period of placement as29 SB NO. 644
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provided for in the law of the sending state until the finalization of the adoption.1
(2) Financially responsible for the child absent a contractual agreement2
to the contrary.3
C. A private child placing agency shall be responsible for any assessment4
conducted in the receiving state and any supervision conducted by the receiving5
state at the level required by the laws of the receiving state or the rules of the6
Interstate Commission.7
D. The public child placing agency in the receiving state shall provide8
timely assessments, as provided for in the rules of the Interstate Commission.9
E. The public child placing agency in the receiving state shall provide,10
or arrange for the provision of, supervision and services for the child, including11
timely reports, during the period of the placement.12
F. Nothing in this Chapter or the compact shall be construed as to limit13
the authority of the public child placing agency in the receiving state from14
contracting with a licensed agency or person in the receiving state for an15
assessment or the provision of supervision or services for the child or otherwise16
authorizing the provision of supervision or services by a licensed agency during17
the period of placement.18
G. Each member state shall provide for coordination among its branches19
of government concerning the state's participation in, and compliance with, the20
compact and Interstate Commission activities, through the creation of an21
advisory council or use of an existing body or board.22
H. Each member state shall establish a central state compact office,23
which shall be responsible for state compliance with the compact and the rules24
of the Interstate Commission.25
I. The public child placing agency in the sending state shall oversee26
compliance with the provisions of the Indian Child Welfare Act (25 USC 190127
et seq.) for placements subject to the provisions of the compact, prior to28
placement.29 SB NO. 644
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J. With the consent of the Interstate Commission, states may enter into1
limited agreements that facilitate the timely assessment and provision of2
services and supervision of placements under the compact.3
Art. 1630. Interstate commission for the placement of children4
A. The member states hereby establish, by way of the compact, a5
commission known as the "Interstate Commission for the Placement of6
Children." The activities of the Interstate Commission are the formation of7
public policy and are a discretionary state function. The Interstate Commission8
shall:9
(1) Be a joint commission of the member states and shall have the10
responsibilities, powers and duties set forth herein, and such additional powers11
as may be conferred upon it by subsequent concurrent action of the respective12
legislatures of the member states.13
(2) Consist of one commissioner from each member state who shall be14
appointed by the executive head of the state human services administration with15
ultimate responsibility for the child welfare program. The appointed16
commissioner shall have the legal authority to vote on policy related matters17
governed by the compact binding the state.18
B. Each member state represented at a meeting of the Interstate19
Commission is entitled to one vote.20
C. A majority of the member states shall constitute a quorum for the21
transaction of business, unless a larger quorum is required by the bylaws of the22
Interstate Commission.23
D. A representative shall not delegate a vote to another member state.24
E. A representative may delegate voting authority to another person25
from their state for a specified meeting.26
F. In addition to the commissioners of each member state, the Interstate27
Commission shall include persons who are members of interested organizations28
as defined in the bylaws or rules of the Interstate Commission. Such members29 SB NO. 644
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shall be ex officio and shall not be entitled to vote on any matter before the1
Interstate Commission.2
G. The Interstate Commission shall establish an executive committee3
which shall have the authority to administer the day-to-day operations and4
administration of the commission. The executive committee shall not have the5
power to engage in rulemaking.6
Art. 1631. Powers and duties of the interstate commission7
A. The Interstate Commission shall have the following powers:8
(1) To promulgate rules and take all necessary actions to effect the goals,9
purposes and obligations as enumerated in the compact.10
(2) To provide for dispute resolution among member states.11
(3) To issue, upon request of a member state, advisory opinions12
concerning the meaning or interpretation of the interstate compact, its bylaws,13
rules or actions.14
(4) To enforce compliance with the compact or the bylaws or rules of the15
Interstate Commission pursuant to this Chapter.16
(5) To collect standardized data concerning the interstate placement of17
children subject to the compact as directed through its rules which shall specify18
the data to be collected, the means of collection and data exchange and19
reporting requirements.20
(6) To establish and maintain offices as may be necessary for the21
transacting of its business.22
(7) To purchase and maintain insurance and bonds.23
(8) To hire or contract for services of personnel or consultants as24
necessary to carry out its functions under the compact and establish personnel25
qualification policies, and rates of compensation.26
(9) To establish and appoint committees and officers including, but not27
limited to, an executive committee as required by this Chapter.28
(10) To accept any and all donations and grants of money, equipment,29 SB NO. 644
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supplies, materials, and services, and to receive, utilize, and dispose thereof.1
(11) To lease, purchase, accept contributions or donations of, or2
otherwise to own, hold, improve or use any property, real, personal, or mixed.3
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or4
otherwise dispose of any property, real, personal or mixed.5
(13) To establish a budget and make expenditures.6
(14) To adopt a seal and bylaws governing the management and7
operation of the Interstate Commission.8
B. The commission shall report annually to the legislatures, governors,9
the judiciary, and state advisory councils of the member states concerning the10
activities of the Interstate Commission during the preceding year. Such reports11
shall also include any recommendations that may have been adopted by the12
Interstate Commission.13
C. The commission shall coordinate and provide education, training and14
public awareness regarding the interstate movement of children for officials15
involved in such activity.16
D. The commission shall maintain books and records in accordance with17
the bylaws of the Interstate Commission.18
E. The commission may perform such other functions as may be19
necessary or appropriate to achieve the purposes of the compact.20
Art. 1632. Organization and operation of the interstate commission21
A. Bylaws:22
(1) Within twelve months after the first Interstate Commission meeting,23
the Interstate Commission shall adopt bylaws to govern its conduct as may be24
necessary or appropriate to carry out the purposes of the compact.25
(2) The Interstate Commission's bylaws and rules shall establish26
conditions and procedures under which the Interstate Commission shall make27
its information and official records available to the public for inspection or28
copying. The Interstate Commission may exempt from disclosure information29 SB NO. 644
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or official records to the extent they would adversely affect personal privacy1
rights or proprietary interests.2
B. Meetings:3
(1) The Interstate Commission shall meet at least once each calendar4
year. The chairperson may call additional meetings and, upon the request of a5
simple majority of the member states shall call additional meetings.6
(2) Public notice shall be given by the Interstate Commission of all7
meetings and all meetings shall be open to the public, except as set forth in the8
rules or as otherwise provided in the compact. The Interstate Commission and9
its committees may close a meeting, or portion thereof, where it determines by10
two-thirds vote that an open meeting would be likely to:11
(a) relate solely to the Interstate Commission's internal personnel12
practices and procedures; or13
(b) disclose matters specifically exempted from disclosure by federal law;14
or15
(c) disclose financial or commercial information which is privileged,16
proprietary or confidential in nature; or17
(d) involve accusing a person of a crime, or formally censuring a person;18
or19
(e) disclose information of a personal nature where disclosure would20
constitute a clearly unwarranted invasion of personal privacy or physically21
endanger one or more persons; or22
(f) disclose investigative records compiled for law enforcement purposes;23
or24
(g) specifically relate to the Interstate Commission's participation in a25
civil action or other legal proceeding.26
(3) For a meeting, or portion of a meeting, closed pursuant to this27
provision, the Interstate Commission's legal counsel or designee shall certify28
that the meeting may be closed and shall reference each relevant exemption29 SB NO. 644
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provision. The Interstate Commission shall keep minutes which shall fully and1
clearly describe all matters discussed in a meeting and shall provide a full and2
accurate summary of actions taken, and the reasons therefore, including a3
description of the views expressed and the record of a roll call vote. All4
documents considered in connection with an action shall be identified in such5
minutes. All minutes and documents of a closed meeting shall remain under6
seal, subject to release by a majority vote of the Interstate Commission or by7
court order.8
(4) The bylaws may provide for meetings of the Interstate Commission9
to be conducted by telecommunication or other electronic communication.10
C. Officers and staff:11
(1) The Interstate Commission may, through its executive committee,12
appoint or retain a staff director for such period, upon such terms and13
conditions and for such compensation as the Interstate Commission may deem14
appropriate. The staff director shall serve as secretary to the Interstate15
Commission, but shall not have a vote. The staff director may hire and16
supervise such other staff as may be authorized by the Interstate Commission.17
(2) The Interstate Commission shall elect, from among its members, a18
chairperson and a vice chairperson of the executive committee and other19
necessary officers, each of whom shall have such authority and duties as may20
be specified in the bylaws.21
D. Qualified immunity, defense and indemnification:22
(1) The Interstate Commission's staff director and its employees shall be23
immune from suit and liability, either personally or in their official capacity, for24
a claim for damage to or loss of property or personal injury or other civil25
liability caused or arising out of or relating to an actual or alleged act, error, or26
omission that occurred, or that such person had a reasonable basis for believing27
occurred within the scope of Commission employment, duties, or28
responsibilities; provided, that such person shall not be protected from suit or29 SB NO. 644
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liability for damage, loss, injury, or liability caused by a criminal act or the1
intentional or willful and wanton misconduct of such person.2
(a) The liability of the Interstate Commission's staff director and3
employees or Interstate Commission representatives, acting within the scope of4
such person's employment or duties for acts, errors, or omissions occurring5
within such person's state may not exceed the limits of liability set forth under6
the Constitution and laws of that state for state officials, employees, and agents.7
The Interstate Commission is considered to be an instrumentality of the states8
for the purposes of any such action. Nothing in this Chapter shall be construed9
to protect such person from suit or liability for damage, loss, injury, or liability10
caused by a criminal act or the intentional or willful and wanton misconduct of11
such person.12
(b) The Interstate Commission shall defend the staff director and its13
employees and, subject to the approval of the attorney general or other14
appropriate legal counsel of the member state, shall defend the commissioner15
of a member state in a civil action seeking to impose liability arising out of an16
actual or alleged act, error or omission that occurred within the scope of17
Interstate Commission employment, duties or responsibilities, or that the18
defendant had a reasonable basis for believing occurred within the scope of19
Interstate Commission employment, duties, or responsibilities, provided that20
the actual or alleged act, error, or omission did not result from intentional or21
willful and wanton misconduct on the part of such person.22
(c) To the extent not covered by the state involved, member state, or the23
Interstate Commission, the representatives or employees of the Interstate24
Commission shall be held harmless in the amount of a settlement or judgment,25
including attorney fees and costs, obtained against such persons arising out of26
an actual or alleged act, error, or omission that occurred within the scope of27
Interstate Commission employment, duties, or responsibilities, or that such28
persons had a reasonable basis for believing occurred within the scope of29 SB NO. 644
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Interstate Commission employment, duties, or responsibilities, provided that1
the actual or alleged act, error, or omission did not result from intentional or2
willful and wanton misconduct on the part of such persons.3
Art. 1633. Rulemaking functions of the interstate commission4
A. The Interstate Commission shall promulgate and publish rules in5
order to effectively and efficiently achieve the purposes of the compact.6
B. Rulemaking shall occur pursuant to the criteria set forth in this article7
and the bylaws and rules adopted pursuant thereto. Such rulemaking shall8
substantially conform to the principles of the "Model State Administrative9
Procedure Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or10
such other administrative procedure acts as the Interstate Commission deems11
appropriate consistent with due process requirements under the United States12
Constitution as now or hereafter interpreted by the U. S. Supreme Court. All13
rules and amendments shall become binding as of the date specified, as14
published with the final version of the rule as approved by the Interstate15
Commission.16
C. When promulgating a rule, the Interstate Commission shall, at a17
minimum:18
(1) Publish the proposed rule's entire text stating the reason(s) for that19
proposed rule; and20
(2) Allow and invite any and all persons to submit written data, facts,21
opinions and arguments, which information shall be added to the record, and22
be made publicly available; and23
(3) Promulgate a final rule and its effective date, if appropriate, based24
on input from state or local officials, or interested parties.25
D. The existing rules governing the operation of the Interstate Compact26
on the Placement of Children superseded by this act shall be null and void no27
less than twelve, but no more than twenty-four months after the first meeting28
of the Interstate Commission created hereunder, as determined by the members29 SB NO. 644
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during the first meeting.1
E. Within the first twelve months of operation, the Interstate2
Commission shall promulgate rules addressing the following:3
(1) Transition rules4
(2) Forms and procedures5
(3) Timelines6
(4) Data collection and reporting7
(5) Rulemaking8
(6) Visitation9
(7) Progress reports/supervision10
(8) Sharing of information/confidentiality11
(9) Financing of the Interstate Commission12
(10) Mediation, arbitration and dispute resolution13
(11) Education, training and technical assistance14
(12) Enforcement15
(13) Coordination with other interstate compacts16
F. Upon determination by a majority of the members of the Interstate17
Commission that an emergency exists:18
(1) The Interstate Commission may promulgate an emergency rule only19
if it is required to:20
(a) Protect the children covered by the compact from an imminent threat21
to their health, safety and well-being; or22
(b) Prevent loss of federal or state funds; or23
(c) Meet a deadline for the promulgation of an administrative rule24
required by federal law.25
(2) An emergency rule shall become effective immediately upon26
adoption, provided that the usual rulemaking procedures provided hereunder27
shall be retroactively applied to said rule as soon as reasonably possible, but no28
later than 90 days after the effective date of the emergency rule.29 SB NO. 644
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(3) An emergency rule shall be promulgated as provided for in the rules1
of the Interstate Commission.2
Art. 1634. Oversight, dispute resolution, enforcement3
A. Oversight:4
(1) The Interstate Commission shall oversee the administration and5
operation of the compact.6
(2) The executive, legislative and judicial branches of state government7
in each member state shall enforce the compact and the rules of the Interstate8
Commission and shall take all actions necessary and appropriate to effectuate9
the compact's purposes and intent.10
(3) All courts shall take judicial notice of the compact and the rules in11
any judicial or administrative proceeding in a member state pertaining to the12
subject matter of the compact.13
(4) The Interstate Commission shall be entitled to receive service of14
process in any action in which the validity of a compact provision or rule is the15
issue for which a judicial determination has been sought and shall have standing16
to intervene in any proceedings. Failure to provide service of process to the17
Interstate Commission shall render any judgment, order or other18
determination, however so captioned or classified, void as to the Interstate19
Commission, the compact, its bylaws or rules of the Interstate Commission.20
B. Dispute Resolution:21
(1) The Interstate Commission shall attempt, upon the request of a22
member state, to resolve disputes which are subject to the compact and which23
may arise among member states and between member and non-member states.24
(2) The Interstate Commission shall promulgate a rule providing for25
both mediation and binding dispute resolution for disputes among compacting26
states. The costs of such mediation or dispute resolution shall be the27
responsibility of the parties to the dispute.28
C. Enforcement:29 SB NO. 644
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(1) If the Interstate Commission determines that a member state has1
defaulted in the performance of its obligations or responsibilities under the2
compact, its bylaws or rules, the Interstate Commission may:3
(a) Provide remedial training and specific technical assistance; or4
(b) Provide written notice to the defaulting state and other member5
states, of the nature of the default and the means of curing the default. The6
Interstate Commission shall specify the conditions by which the defaulting state7
must cure its default; or8
(c) By majority vote of the members, initiate against a defaulting9
member state legal action in the United State District Court for the District of10
Columbia or, at the discretion of the Interstate Commission, in the federal11
district where the Interstate Commission has its principal office, to enforce12
compliance with the provisions of the compact, its bylaws or rules. The relief13
sought may include both injunctive relief and damages. In the event judicial14
enforcement is necessary the prevailing party shall be awarded all costs of such15
litigation including reasonable attorney fees; or16
(d) Avail itself of any other remedies available under state law or the17
regulation of official or professional conduct.18
Art. 1635. Financing of the commission19
A. The Interstate Commission shall pay, or provide for the payment of20
the reasonable expenses of its establishment, organization and ongoing21
activities.22
B. The Interstate Commission may levy on and collect an annual23
assessment from each member state to cover the cost of the operations and24
activities of the Interstate Commission and its staff which must be in a total25
amount sufficient to cover the Interstate Commission's annual budget as26
approved by its members each year. The aggregate annual assessment amount27
shall be allocated based upon a formula to be determined by the Interstate28
Commission which shall promulgate a rule binding upon all member states.29 SB NO. 644
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C. The Interstate Commission shall not incur obligations of any kind1
prior to securing the funds adequate to meet the same; nor shall the Interstate2
Commission pledge the credit of any of the member states, except by and with3
the authority of the member state.4
D. The Interstate Commission shall keep accurate accounts of all receipts5
and disbursements. The receipts and disbursements of the Interstate6
Commission shall be subject to the audit and accounting procedures established7
under its bylaws. However, all receipts and disbursements of funds handled by8
the Interstate Commission shall be audited yearly by a certified or licensed9
public accountant and the report of the audit shall be included in and become10
part of the annual report of the Interstate Commission.11
Art. 1636. Member States, effective date and amendment12
A. Any state is eligible to become a member state.13
B. The compact shall become effective and binding upon legislative14
enactment of the compact into law by no less than thirty-fifth states. The15
effective date shall be the later of July 1, 2007 or upon enactment of the compact16
into law by the thirty-fifth state. Thereafter it shall become effective and17
binding as to any other member state upon enactment of the compact into law18
by that state. The executive heads of the state human services administration19
with ultimate responsibility for the child welfare program of non-member states20
or their designees shall be invited to participate in the activities of the Interstate21
Commission on a non-voting basis prior to adoption of the compact by all states.22
C. The Interstate Commission may propose amendments to the compact23
for enactment by the member states. No amendment shall become effective and24
binding on the member states unless and until it is enacted into law by25
unanimous consent of the member states.26
Art. 1637. Withdrawal and dissolution27
A. Withdrawal:28
(1) Once effective, the compact shall continue in force and remain29 SB NO. 644
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binding upon each and every member state; provided that a member state may1
withdraw from the compact specifically repealing the statute which enacted the2
compact into law.3
(2) Withdrawal from the compact shall be by the enactment of a statute4
repealing the same. The effective date of withdrawal shall be the effective date5
of the repeal of the statute.6
(3) The withdrawing state shall immediately notify the president of the7
Interstate Commission in writing upon the introduction of legislation repealing8
the compact in the withdrawing state. The Interstate Commission shall then9
notify the other member states of the withdrawing state's intent to withdraw.10
(4) The withdrawing state is responsible for all assessments, obligations11
and liabilities incurred through the effective date of withdrawal.12
(5) Reinstatement following withdrawal of a member state shall occur13
upon the withdrawing state reenacting the compact or upon such later date as14
determined by the members of the Interstate Commission.15
B. Dissolution of Compact:16
(1) The compact shall dissolve effective upon the date of the withdrawal17
or default of the member state which reduces the membership in the compact18
to one member state.19
(2) Upon the dissolution of the compact, the compact becomes null and20
void and shall be of no further force or effect, and the business and affairs of the21
Interstate Commission shall be concluded and surplus funds shall be distributed22
in accordance with the bylaws.23
Art. 1638. Severability and construction24
A. The provisions of this Chapter and the compact shall be severable,25
and if any phrase, clause, sentence or provision is deemed unenforceable, the26
remaining provisions of the compact shall be enforceable.27
B. The provisions of this Chapter and the compact shall be liberally28
construed to effectuate its purposes.29 SB NO. 644
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C. Nothing in this Chapter or the compact shall be construed to prohibit1
the concurrent applicability of other interstate compacts to which the states are2
members.3
Art. 1639. Indian tribes4
Notwithstanding any other provision in this Chapter or the compact, the5
Interstate Commission may promulgate guidelines to permit Indian tribes to6
utilize the compact to achieve any or all of the purposes of the compact as7
specified in Article 1623. The Interstate Commission shall make reasonable8
efforts to consult with Indian tribes in promulgating guidelines to reflect the9
diverse circumstances of the various Indian tribes.10
Art. 1640. Rulemaking authority11
The Department of Social Services shall have the authority to12
promulgate rules and regulations in accordance with the Administrative13
Procedure Act as necessary to carry out the provisions of this Chapter.14
Section 2. Chapter 2 of Title XVI of the Louisiana Children's Code, comprised of15
Arts. 1608 through 1622, is hereby repealed in its entirety.16
Section 3. Sections 1 and 2 of this Act shall become effective upon the legislative17
enactment of the Interstate Compact for the Placement of Children language set forth in18
Section 1 into law by no less than thirty-five (35) states.19
Section 4. The secretary of the Department of Social Services shall notify the20
President of the Louisiana Senate and the Speaker of the Louisiana House of Representatives21
when the thirty-fifth (35
th
) state has enacted the Interstate Compact for the Placement of22
Children language set forth in Section 1 of this Act.23
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry G. Jones.
DIGEST
Present law in Children's Code provides for Interstate Compact on the Placement of
Children. Provides procedures, definitions, and requirements. Provides that is the purpose
and policy of the party states to cooperate with each other in the interstate placement of
children to the end that: (1) Each child requiring placement shall receive the maximum
opportunity to be placed in a suitable environment and with persons or institutions having
appropriate qualifications and facilities to provide a necessary and desirable degree and type SB NO. 644
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of care. (2) The appropriate authorities in a state where a child is to be placed may have full
opportunity to ascertain the circumstances of the proposed placement, thereby promoting full
compliance with applicable requirements for the protection of the child. (3) The proper
authorities of the state from which the placement is made may obtain the most complete
information on the basis of which to evaluate a projected placement before it is made. (4)
Appropriate jurisdictional arrangements for the care of children will be promoted.
Proposed law repeals present law and enacts new language constituting the Interstate
Compact on the Placement of Children. Provides that it shall become effective upon the
legislative enactment of the Interstate Compact for the Placement of Children language set
forth in the proposed law by no less than 35 states. Also provides that the secretary of the
Department of Social Services shall notify the President of the Louisiana Senate and the
Speaker of the Louisiana House of Representatives when the thirty-fifth (35th) state has
enacted the Interstate Compact for the Placement of Children language set forth in Section
1 of this Act.
Proposed law provides definitions. Provides that the compact shall apply to:
(1) The interstate placement of a child subject to ongoing court jurisdiction in the
sending state, due to allegations or findings that the child has been abused, neglected,
or deprived as defined by the laws of the sending state, provided, however, that the
placement of such a child into a residential facility shall only require notice of
residential placement to the receiving state prior to placement.
(2) The interstate placement of a child adjudicated delinquent or unmanageable based
on the laws of the sending state and subject to ongoing court jurisdiction of the
sending state if: (a) the child is being placed in a residential facility in another
member state and is not covered under another compact; or (b) the child is being
placed in another member state and the determination of safety and suitability of the
placement and services required is not provided through another compact.
(3) The interstate placement of any child by a public child placing agency or private
child placing agency as defined in the compact as a preliminary step to a possible
adoption.
Proposed law provides that the compact shall not apply to:
(1) The interstate placement of a child with a non-relative in a receiving state by a parent
with the legal authority to make such a placement provided, however, that the
placement is not intended to effectuate an adoption.
(2) The interstate placement of a child by one relative with the lawful authority to make
such a placement directly with a relative in a receiving state.
(3) The placement of certain children into a residential facility by his parent.
(4) The placement of a child with a non-custodial parent provided that: (a) The non-
custodial parent proves to the satisfaction of a court in the sending state a substantial
relationship with the child, (b) The court in the sending state makes a written
finding that placement with the non-custodial parent is in the best interests of the
child; and (c) The court in the sending state dismisses its jurisdiction over the child's
case.
(5) A child entering the United States from a foreign country for the purpose of adoption
or leaving the United States to go to a foreign country for the purpose of adoption in
that country.
(6) Cases in which a U.S. citizen child living overseas with his family, at least one of SB NO. 644
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whom is in the U.S. Armed Services, and who is stationed overseas, is removed and
placed in a state.
(7) The sending of a child by a public child placing agency or a private child placing
agency for a visit as defined by the rules of the Interstate Commission.
Proposed law provides relative to jurisdiction over the child by the courts of the sending
state and receiving state.
Proposed law provides for the public child placing agency to request a written assessment
from the receiving state prior to the sending of a child to the receiving state. Provides
procedures for approval of placement of the child into the receiving state.
Proposed law provides the public child placing agency in the sending state has certain
financial responsibilities concerning the child during the period of the placement. Also
provides that the receiving state shall have financial responsibility for the conducting of an
assessment and supervision of the child.
Proposed law creates Interstate Commission for the Placement of Children. Provides that
each member state shall establish a central state compact office, which shall be responsible
for state compliance with the compact and the rules of the commission.
Proposed law provides for membership of the commission and its duties and powers.
Provides for meetings of the commission. Provides for qualified immunity for commission
staff.
Proposed law provides that the commission shall have the authority to promulgate rules and
take all necessary actions to effect the goals of the compact, including dispute resolution
among the member states, oversight of the administration and operation of the compact, and
certain enforcement authority, including legal action to enforce compliance with the
compact, bylaws and rules.
Proposed law provides that the commission shall be financed by annual member assessment
to cover costs of operations and activities.
Proposed law provides that the compact shall become effective and binding upon legislative
enactment of the compact into law by no less than 35 states. The effective date shall be the
later of July 1, 2007 or upon enactment of the compact into law by the 35
th
state.
Proposed law provides procedures for withdrawal of a member state and for dissolution of
the compact.
Proposed law authorizes Indian tribes to utilize the compact.
Proposed law provides that the Dept. of Social Services shall have the authority to
promulgate rules and regulations in accordance with the APA as necessary to carry out the
provisions of the proposed law.
(Adds Ch.C. Arts. 1623-1640; repeals Ch.C. Arts. 1608-1622)