Louisiana Senate Bill SB644 Engrossed / Bill

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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 1643, 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 for4
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 1643, is hereby enacted to read as follows:6
Art. 1623.  Interstate compact for 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 public child placing agency in the4
receiving state has determined that the placement is both safe and suitable for5
the child.6
(2) "Assessment" means an evaluation of a prospective placement by a7
public child placing agency in the receiving state to determine if the placement8
meets the individualized needs of the child, including but not limited to the9
child's safety and stability, health and well-being, and mental, emotional and10
physical development. An assessment is only applicable to a placement by a11
public child placing agency.12
(3) "Child" means an individual who has not attained the age of13
eighteen.14
(4) "Certification" means to attest, declare or swear to before a judge or15
notary public.16
(5) "Default" means the failure of a member state to perform the17
obligations or responsibilities imposed upon it by the compact, the bylaws or18
rules of the Interstate Commission.19
(6) "Home study" means an evaluation of a home environment20
conducted in accordance with the applicable requirements of the state in which21
the home is located, and documenting the preparation and the suitability of the22
placement resource for placement of a child in accordance with the laws and23
requirements of the state in which the home is located.24
(7) "Indian tribe" means any Indian tribe, band, nation, or other25
organized group or community of Indians recognized as eligible for services26
provided to Indians by the Secretary of the Interior because of their status as27
Indians, including any Alaskan native village as defined in section 3(C) of the28
Alaska Native Claims Settlement Act at 43 USC §1602(C).29 SB NO. 644
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(8) "Interstate Commission for the Placement of Children" means the1
commission that is created under Article 1630 of this Chapter and which is2
generally referred to as the Interstate Commission.3
(9) "Jurisdiction" means the power and authority of a court to hear and4
decide matters.5
(10)  “Legal Risk Placement” (“Legal Risk adoption”) means a6
placement made preliminary to an adoption where the prospective adoptive7
parents acknowledge in writing that a child can be ordered returned to the8
sending state or the birth mother’s state of residence, if different from the9
sending state, and a final decree of adoption shall not be entered in any10
jurisdiction until all required consents are obtained or are dispensed with in11
accordance with applicable law.12
(11) "Member state" means a state that has enacted the compact.13
(12) "Noncustodial parent" means a person who, at the time of the14
commencement of court proceedings in the sending state, does not have sole15
legal custody of the child or has joint legal custody of a child, and who is not the16
subject of allegations or findings of child abuse or neglect.17
(13) "Nonmember state" means a state which has not enacted the18
compact.19
(14) "Notice of residential placement" means information regarding a20
placement into a residential facility provided to the receiving state including,21
but not limited to the name, date and place of birth of the child, the identity and22
address of the parent or legal guardian, evidence of authority to make the23
placement, and the name and address of the facility in which the child will be24
placed. Notice of residential placement shall also include information regarding25
a discharge and any unauthorized absence from the facility.26
(15) "Placement" means the act by a public or private child placing27
agency intended to arrange for the care or custody of a child in another state.28
(16) "Private child placing agency" means any private corporation,29 SB NO. 644
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agency, foundation, institution, or charitable organization, or any private1
person or attorney that facilitates, causes, or is involved in the placement of a2
child from one state to another and that is not an instrumentality of the state or3
acting under color of state law.4
(17) "Provisional placement" means a determination made by the public5
child placing agency in the receiving state that the proposed placement is safe6
and suitable, and, to the extent allowable, the receiving state has temporarily7
waived its standards or requirements otherwise applicable to prospective foster8
or adoptive parents so as to not delay the placement. Completion of the9
receiving state requirements regarding training for prospective foster or10
adoptive parents shall not delay an otherwise safe and suitable placement.11
(18) "Public child placing agency" means any government child welfare12
agency or child protection agency or a private entity under contract with such13
an agency, regardless of whether they act on behalf of a state, county,14
municipality or other governmental unit and which facilitates, causes, or is15
involved in the placement of a child from one state to another.16
(19) "Receiving state" means the state to which a child is sent, brought,17
or caused to be sent or brought.18
(20) "Relative" means someone who is related to the child as a parent,19
step-parent, sibling by half or whole blood or by adoption, grandparent, aunt,20
uncle, or first cousin or a non-relative with such significant ties to the child that21
they may be regarded as relatives as determined by the court in the sending22
state.23
(21) "Residential Facility" means a facility providing a level of care that24
is sufficient to substitute for parental responsibility or foster care, and is beyond25
what is needed for assessment or treatment of an acute condition. For purposes26
of the compact, residential facilities do not include institutions primarily27
educational in character, hospitals or other medical facilities.28
(22) "Rule" means a written directive, mandate, standard or principle29 SB NO. 644
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issued by the Interstate Commission promulgated pursuant to this Chapter that1
is of general applicability and that implements, interprets or prescribes a policy2
or provision of the compact. "Rule" has the force and effect of an3
administrative rule in a member state, and includes the amendment, repeal, or4
suspension of an existing rule.5
(23) "Sending state" means the state from which the placement of a child6
is initiated.7
(24) "Service member's permanent duty station" means the military8
installation where an active duty Armed Services member is currently assigned9
and is physically located under competent orders that do not specify the duty10
as temporary.11
(25) "Service member's state of legal residence" means the state in which12
the active duty Armed Services member is considered a resident for tax and13
voting purposes.14
(26) "State" means a state of the United States, the District of Columbia,15
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American16
Samoa, the Northern Marianas Islands and any other territory of the United17
States.18
(27) "State court" means a judicial body of a state that is vested by law19
with responsibility for adjudicating cases involving abuse, neglect, deprivation,20
delinquency or status offenses of individuals who have not attained the age of21
eighteen.22
(28) "Supervision" means monitoring provided by the receiving state23
once a child has been placed in a receiving state pursuant to the compact.24
Art. 1625.  Compact applicability25
A. Except as otherwise provided in Paragraph B, the compact shall apply26
to:27
(1) The interstate placement of a child subject to ongoing court28
jurisdiction in the sending state, due to allegations or findings that the child has29 SB NO. 644
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been abused, neglected, or deprived as defined by the laws of the sending state,1
provided, however, that the placement of such a child into a residential facility2
shall only require notice of residential placement to the receiving state prior to3
placement.4
(2) The interstate placement of a child adjudicated delinquent or5
unmanageable based on the laws of the sending state and subject to ongoing6
court jurisdiction of the sending state if:7
(a) the child is being placed in a residential facility in another member8
state and is not covered under another compact; or9
(b) the child is being placed in another member state and the10
determination of safety and suitability of the placement and services required11
is not provided through another compact.12
(3) The interstate placement of any child by a public child placing agency13
or private child placing agency as defined in the compact as a preliminary step14
to a possible adoption.15
B.  The provisions of the compact shall not apply to:16
(1) The interstate placement of a child in a custody proceeding in which17
a public child placing agency is not a party, provided that the placement is not18
intended to effectuate an adoption.19
(2) The interstate placement of a child with a non-relative in a receiving20
state by a parent with the legal authority to make such a placement provided,21
however, that the placement is not intended to effectuate an adoption.22
(3) The interstate placement of a child by one relative with the lawful23
authority to make such a placement directly with a relative in a receiving state.24
(4) The placement of a child, not subject to Article 1625(A), into a25
residential facility by his parent.26
(5) The placement of a child with a noncustodial parent provided that:27
(a)  The noncustodial parent proves to the satisfaction of a court in the28
sending state a substantial relationship with the child; and29 SB NO. 644
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(b) The court in the sending state makes a written finding that1
placement with the noncustodial parent is in the best interests of the child; and2
(c) The court in the sending state dismisses its jurisdiction in interstate3
placements in which the public child placing agency is a party to the proceeding.4
(6) A child entering the United States from a foreign country for the5
purpose of adoption or leaving the United States to go to a foreign country for6
the purpose of adoption in that country.7
(7) Cases in which a U.S. citizen child living overseas with his family, at8
least one of whom is in the U.S. Armed Services, and who is stationed overseas,9
is removed and placed in a state.10
(8) The sending of a child by a public child placing agency or a private11
child placing agency for a visit as defined by the rules of the Interstate12
Commission.13
C.  For purposes of determining the applicability of the compact to the14
placement of a child with a family in the Armed Services, the public child15
placing agency or private child placing agency may choose the state of the16
service member's permanent duty station or the service member's declared17
legal residence.18
D. Nothing in this Chapter shall be construed to prohibit the concurrent19
application of the provisions of the compact with other applicable interstate20
compacts including the Interstate Compact for Juveniles and the Interstate21
Compact on Adoption and Medical Assistance. The Interstate Commission may22
in cooperation with other interstate compact commissions having responsibility23
for the interstate movement, placement or transfer of children, promulgate like24
rules to ensure the coordination of services, timely placement of children, and25
the reduction of unnecessary or duplicative administrative or procedural26
requirements.27
Art. 1626.  Jurisdiction28
A. Except as provided in Paragraph H of this Article, and Article29 SB NO. 644
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1628(B)(2) and (3) concerning private and independent adoptions, and in1
interstate placements in which the public child placing agency is not a party to2
a custody proceeding, the sending state shall retain jurisdiction over a child3
with respect to all matters of custody and disposition of the child which it would4
have had if the child had remained in the sending state. Such jurisdiction shall5
also include the power to order the return of the child to the sending state.6
B. When an issue of child protection or custody is brought before a court7
in the receiving state, such court shall confer with the court of the sending state8
to determine the most appropriate forum for adjudication.9
C. In cases that are before courts and subject to this compact, the taking10
of testimony for hearings before any judicial officer may occur in person or by11
telephone, audio-video conference, or such other means as approved by the12
rules of the Interstate Commission, and judicial officers may communicate with13
other judicial officers and persons involved in the interstate process as may be14
permitted by their Canons of Judicial Conduct and any rules promulgated by15
the Interstate Commission.16
D. In accordance with its own laws, the court in the sending state shall17
have authority to terminate its jurisdiction if:18
(1) The child is reunified with the parent in the receiving state who is the19
subject of allegations or findings of abuse or neglect, only with the concurrence20
of the public child placing agency in the receiving state; or21
(2) The child is adopted; or22
(3) The child reaches the age of majority under the laws of the sending23
state; or24
(4) The child achieves legal independence pursuant to the laws of the25
sending state; or26
(5) A guardianship is created by a court in the receiving state with the27
concurrence of the court in the sending state; or28
(6) An Indian tribe has petitioned for and received jurisdiction from the29 SB NO. 644
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court in the sending state; or1
(7) The public child placing agency of the sending state requests2
termination and has obtained the concurrence of the public child placing agency3
in the receiving state.4
E. When a sending state court terminates its jurisdiction, the receiving5
state child placing agency shall be notified.6
F. Nothing in this Article shall defeat a claim of jurisdiction by a7
receiving state court sufficient to deal with an act of truancy, delinquency, crime8
or behavior involving a child as defined by the laws of the receiving state9
committed by the child in the receiving state which would be a violation of its10
laws.11
G. Nothing in this Article shall limit the receiving state's ability to take12
emergency jurisdiction for the protection of the child.13
H. The substantive laws of the state in which an adoption will be14
finalized shall solely govern all issues relating to the adoption of the child and15
the court in which the adoption proceeding is filed shall have subject matter16
jurisdiction regarding all substantive issues relating to the adoption, except:17
(1) when the child is a ward of another court that established jurisdiction18
over the child prior to the placement; or19
(2) when the child is in the legal custody of a public agency in the sending20
state; or21
(3) when a court in the sending state has otherwise appropriately22
assumed jurisdiction over the child, prior to the submission of the request for23
approval of placement.24
I. A final decree of adoption shall not be entered in any jurisdiction until25
the placement is authorized as an “approved placement” by the public child26
placing agency in the receiving state.27
Art. 1627.  Placement Evaluation28
A. Prior to sending, bringing, or causing a child to be sent or brought29 SB NO. 644
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into a receiving state, the public child placing agency shall provide a written1
request for assessment to the receiving state.2
B. For placements by a private child placing agency, a child may be sent3
or brought, or caused to be sent or brought, into a receiving state, upon receipt4
and immediate review of the required content in a request for approval of a5
placement in both the sending and receiving state public child placing agency.6
The required content to accompany a request for approval shall include all of7
the following:8
(1) A request for approval identifying the child, birth parents, the9
prospective adoptive parent(s), and the supervising agency, signed by the person10
requesting approval.11
(2) The appropriate consents or relinquishments signed by the birth12
parents in accordance with the laws of the sending state or, where permitted,13
the laws of the state where the adoption will be finalized.14
(3) Certification by a licensed attorney or authorized agent of a private15
adoption agency that the consent or relinquishment is in compliance with the16
applicable laws of the sending state or, where permitted, the laws of the state17
where finalization of the adoption will occur.18
(4) A home study.19
(5) An acknowledgment of legal risk signed by the prospective adoptive20
parents.21
C. The sending state and the receiving state may request additional22
information or documents prior to finalization of an approved placement, but23
they may not delay travel by the prospective adoptive parents with the child if24
the required content for approval has been submitted, received, and reviewed25
by the public child placing agency in both the sending state and the receiving26
state.27
D. Approval from the public child placing agency in the receiving state28
for a provisional or approved placement is required as provided for in the rules29 SB NO. 644
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of the Interstate Commission.1
E. The procedures for making and the request for an assessment shall2
contain all information and be in such form as provided for in the rules of the3
Interstate Commission.4
F. Upon receipt of a request from the public child welfare agency of the5
sending state, the receiving state shall initiate an assessment of the proposed6
placement to determine its safety and suitability. If the proposed placement is7
a placement with a relative, the public child placing agency of the sending state8
may request a determination for a provisional placement.9
G. 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 or approve the placement.13
H. The public child placing agency in the receiving state shall approve14
a provisional placement and complete or arrange for the completion of the15
assessment within the timeframes established by the rules of the Interstate16
Commission.17
I.  For a placement by a private child placing agency, the sending state18
shall not impose any additional requirements to complete the home study that19
are not required by the receiving state, unless the adoption is finalized in the20
sending state.21
J. The Interstate Commission may develop uniform standards for the22
assessment of the safety and suitability of interstate placements.23
Art. 1628.  Placement authority24
A. Except as provided in this Compact, no child subject to the compact25
shall be placed into a receiving state until approval for such placement is26
obtained.27
B. If the public child placing agency in the receiving state does not28
approve the proposed placement then the child shall not be placed. The29 SB NO. 644
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receiving state shall provide written documentation of any such determination1
in accordance with the rules promulgated by the Interstate Commission. Such2
determination is not subject to judicial review in the sending state.3
C. If the proposed placement is not approved, any interested party shall4
have standing to seek an administrative review of the receiving state's5
determination.6
D. The administrative review and any further judicial review associated7
with the determination shall be conducted in the receiving state pursuant to its8
applicable administrative procedures.9
E. If a determination not to approve the placement of the child in the10
receiving state is overturned upon review, the placement shall be deemed11
approved, provided that all administrative or judicial remedies have been12
exhausted or the time for such remedies has passed.13
Art. 1629.  Placing Agency Responsibility14
A. For the interstate placement of a child made by a public child placing15
agency or state court:16
(1) The public child placing agency in the sending state shall have17
financial responsibility for:18
(a) the ongoing support and maintenance for the child during the period19
of the placement, unless otherwise provided for in the receiving state; and20
(b) as determined by the public child placing agency in the sending state,21
services for the child beyond the public services for which the child is eligible22
in the receiving state.23
(2) The receiving state shall have financial responsibility only for the24
following:25
(a)  any assessment conducted by the receiving state; and26
(b) supervision conducted by the receiving state at the level necessary27
to support the placement as agreed upon by the public child placing agencies of28
the receiving and sending state.29 SB NO. 644
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(3) Nothing in this Article shall prohibit public child placing agencies in1
the sending state from entering into agreements with licensed agencies or2
persons in the receiving state to conduct assessments and provide supervision.3
B. For the placement of a child by a private child placing agency4
preliminary to a possible adoption, the private child placing agency shall be:5
(1) Legally responsible for the child during the period of placement as6
provided for in the law of the sending state until the finalization of the adoption.7
(2) Financially responsible for the child absent a contractual agreement8
to the contrary.9
C. The public child placing agency in the receiving state shall provide10
timely assessments, as provided for in the rules of the Interstate Commission.11
D. The public child placing agency in the receiving state shall provide,12
or arrange for the provision of, supervision and services for the child, including13
timely reports, during the period of the placement.14
E. Nothing in this Chapter or the compact shall be construed as to limit15
the authority of the public child placing agency in the receiving state from16
contracting with a licensed agency or person in the receiving state for an17
assessment or the provision of supervision or services for the child or otherwise18
authorizing the provision of supervision or services by a licensed agency during19
the period of placement.20
F. Each member state shall provide for coordination among its branches21
of government concerning the state's participation in, and compliance with, the22
compact and Interstate Commission activities, through the creation of an23
advisory council or use of an existing body or board.24
G. Each member state shall establish a central state compact office,25
which shall be responsible for state compliance with the compact and the rules26
of the Interstate Commission.27
H. The public child placing agency in the sending state shall oversee28
compliance with the provisions of the Indian Child Welfare Act (25 USC 190129 SB NO. 644
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et seq.) for placements subject to the provisions of the compact, prior to1
placement.2
I. With the consent of the Interstate Commission, states may enter into3
limited agreements that facilitate the timely assessment and provision of4
services and supervision of placements under the compact.5
Art. 1630.  Interstate commission for the placement of children6
A. The member states hereby establish, by way of the compact, a7
commission known as the "Interstate Commission for the Placement of8
Children". The activities of the Interstate Commission are the formation of9
public policy and are a discretionary state function. The Interstate Commission10
shall:11
(1) Be a joint commission of the member states and shall have the12
responsibilities, powers, and duties set forth herein, and such additional powers13
as may be conferred upon it by subsequent concurrent action of the respective14
legislatures of the member states.15
(2) Consist of one commissioner from each member state who shall be16
appointed by the executive head of the state human services administration with17
ultimate responsibility for the child welfare program. The appointed18
commissioner shall have the legal authority to vote on policy related matters19
governed by the compact binding the state.20
B. Each member state represented at a meeting of the Interstate21
Commission is entitled to one vote.22
C. A majority of the member states shall constitute a quorum for the23
transaction of business, unless a larger quorum is required by the bylaws of the24
Interstate Commission.25
D. A representative shall not delegate a vote to another member state.26
E. A representative may delegate voting authority to another person27
from their state for a specified meeting.28 SB NO. 644
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F. In addition to the commissioners of each member state, the Interstate1
Commission shall include persons who are members of interested organizations2
as defined in the bylaws or rules of the Interstate Commission. Such members3
shall be ex officio and shall not be entitled to vote on any matter before the4
Interstate Commission.5
G. The Interstate Commission shall establish an executive committee6
which shall have the authority to administer the day-to-day operations and7
administration of the commission. The executive committee shall not have the8
power to engage in rulemaking.9
Art. 1631.  Powers and duties of the Interstate Commission10
A. The Interstate Commission shall have the following powers:11
(1) To promulgate rules and take all necessary actions to effect the goals,12
purposes and obligations as enumerated in the compact.13
(2) To provide for dispute resolution among member states.14
(3) To issue, upon request of a member state, advisory opinions15
concerning the meaning or interpretation of the interstate compact, its bylaws,16
rules or actions.17
(4) To enforce compliance with the compact or the bylaws or rules of the18
Interstate Commission pursuant to this Chapter.19
(5) To collect standardized data concerning the interstate placement of20
children subject to the compact as directed through its rules which shall specify21
the data to be collected, the means of collection and data exchange and22
reporting requirements.23
(6) To establish and maintain offices as may be necessary for the24
transacting of its business.25
(7) To purchase and maintain insurance and bonds.26
(8) To hire or contract for services of personnel or consultants as27
necessary to carry out its functions under the compact and establish personnel28
qualification policies, and rates of compensation.29 SB NO. 644
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(9) To establish and appoint committees and officers including, but not1
limited to, an executive committee as required by this Chapter.2
(10) To accept any and all donations and grants of money, equipment,3
supplies, materials, and services, and to receive, utilize, and dispose thereof.4
(11) To lease, purchase, accept contributions or donations of, or5
otherwise to own, hold, improve or use any property, real, personal, or mixed.6
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or7
otherwise dispose of any property, real, personal or mixed.8
(13) To establish a budget and make expenditures.9
(14) To adopt a seal and bylaws governing the management and10
operation of the Interstate Commission.11
B. The commission shall report annually to the legislatures, governors,12
the judiciary, and state advisory councils of the member states concerning the13
activities of the Interstate Commission during the preceding year. Such reports14
shall also include any recommendations that may have been adopted by the15
Interstate Commission.16
C. The commission shall coordinate and provide education, training and17
public awareness regarding the interstate movement of children for officials18
involved in such activity.19
D. The commission shall maintain books and records in accordance with20
the bylaws of the Interstate Commission.21
E. The commission may perform such other functions as may be22
necessary or appropriate to achieve the purposes of the compact.23
Art. 1632.  Organization and operation of the Interstate Commission24
A. Bylaws:25
(1) Within twelve months after the first Interstate Commission meeting,26
the Interstate Commission shall adopt bylaws to govern its conduct as may be27
necessary or appropriate to carry out the purposes of the compact.28 SB NO. 644
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(2) The Interstate Commission's bylaws and rules shall establish1
conditions and procedures under which the Interstate Commission shall make2
its information and official records available to the public for inspection or3
copying. The Interstate Commission may exempt from disclosure information4
or official records to the extent they would adversely affect personal privacy5
rights or proprietary interests.6
B. Meetings:7
(1) The Interstate Commission shall meet at least once each calendar8
year. The chairperson may call additional meetings and, upon the request of a9
simple majority of the member states shall call additional meetings.10
(2) Public notice shall be given by the Interstate Commission of all11
meetings and all meetings shall be open to the public, except as set forth in the12
rules or as otherwise provided in the compact. The Interstate Commission and13
its committees may close a meeting, or portion thereof, when it determines by14
two-thirds vote that an open meeting would be likely to:15
(a) relate solely to the Interstate Commission's internal personnel16
practices and procedures; or17
(b) disclose matters specifically exempted from disclosure by federal law;18
or19
(c) disclose financial or commercial information which is privileged,20
proprietary or confidential in nature; or21
(d) involve accusing a person of a crime, or formally censuring a person;22
or23
(e) disclose information of a personal nature where disclosure would24
constitute a clearly unwarranted invasion of personal privacy or physically25
endanger one or more persons; or26
(f) disclose investigative records compiled for law enforcement purposes;27
or28 SB NO. 644
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(g) specifically relate to the Interstate Commission's participation in a1
civil action or other legal proceeding.2
(3) For a meeting, or portion of a meeting, closed pursuant to this3
provision, the Interstate Commission's legal counsel or designee shall certify4
that the meeting may be closed and shall reference each relevant exemption5
provision. The Interstate Commission shall keep minutes which shall fully and6
clearly describe all matters discussed in a meeting and shall provide a full and7
accurate summary of actions taken, and the reasons therefore, including a8
description of the views expressed and the record of a roll call vote. All9
documents considered in connection with an action shall be identified in such10
minutes. All minutes and documents of a closed meeting shall remain under11
seal, subject to release by a majority vote of the Interstate Commission or by12
court order.13
(4) The bylaws may provide for meetings of the Interstate Commission14
to be conducted by telecommunication or other electronic communication.15
C. Officers and staff:16
(1) The Interstate Commission may, through its executive committee,17
appoint or retain a staff director for such period, upon such terms and18
conditions and for such compensation as the Interstate Commission may deem19
appropriate. The staff director shall serve as secretary to the Interstate20
Commission, but shall not have a vote. The staff director may hire and21
supervise such other staff as may be authorized by the Interstate Commission.22
(2) The Interstate Commission shall elect, from among its members, a23
chairperson and a vice chairperson of the executive committee and other24
necessary officers, each of whom shall have such authority and duties as may25
be specified in the bylaws.26
D. Qualified immunity, defense and indemnification:27
(1) The Interstate Commission's staff director and its employees shall be28
immune from suit and liability, either personally or in their official capacity, for29 SB NO. 644
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a claim for damage to or loss of property or personal injury or other civil1
liability caused or arising out of or relating to an actual or alleged act, error, or2
omission that occurred, or that such person had a reasonable basis for believing3
occurred within the scope of commission employment, duties, or4
responsibilities; provided, that such person shall not be protected from suit or5
liability for damage, loss, injury, or liability caused by a criminal act or the6
intentional or willful and wanton misconduct of such person.7
(2) The liability of the Interstate Commission's staff director and8
employees or Interstate Commission representatives, acting within the scope of9
such person's employment or duties for acts, errors, or omissions occurring10
within such person's state may not exceed the limits of liability set forth under11
the Constitution and laws of that state for state officials, employees, and agents.12
The Interstate Commission is considered to be an instrumentality of the states13
for the purposes of any such action. Nothing in this Chapter shall be construed14
to protect such person from suit or liability for damage, loss, injury, or liability15
caused by a criminal act or the intentional or willful and wanton misconduct of16
such person.17
(3) The Interstate Commission shall defend the staff director and its18
employees and, subject to the approval of the attorney general or other19
appropriate legal counsel of the member state, shall defend the commissioner20
of a member state in a civil action seeking to impose liability arising out of an21
actual or alleged act, error or omission that occurred within the scope of22
Interstate Commission employment, duties or responsibilities, or that the23
defendant had a reasonable basis for believing occurred within the scope of24
Interstate Commission employment, duties, or responsibilities, provided that25
the actual or alleged act, error, or omission did not result from intentional or26
willful and wanton misconduct on the part of such person.27
(4) To the extent not covered by the state involved, member state, or the28
Interstate Commission, the representatives or employees of the Interstate29 SB NO. 644
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Commission shall be held harmless in the amount of a settlement or judgment,1
including attorney fees and costs, obtained against such persons arising out of2
an actual or alleged act, error, or omission that occurred within the scope of3
Interstate Commission employment, duties, or responsibilities, or that such4
persons had a reasonable basis for believing occurred within the scope of5
Interstate Commission employment, duties, or responsibilities, provided that6
the actual or alleged act, error, or omission did not result from intentional or7
willful and wanton misconduct on the part of such persons.8
Art. 1633.  Rulemaking functions of the Interstate Commission9
A. The Interstate Commission shall promulgate and publish rules in10
order to effectively and efficiently achieve the purposes of the compact.11
B. Rulemaking shall occur pursuant to the criteria set forth in this article12
and the bylaws and rules adopted pursuant thereto.  Such rulemaking shall13
substantially conform to the principles of the "Model State Administrative14
Procedure Act", 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or15
such other administrative procedure acts as the Interstate Commission deems16
appropriate consistent with due process requirements under the United States17
Constitution as now or hereafter interpreted by the U. S. Supreme Court.  All18
rules and amendments shall become binding as of the date specified, as19
published with the final version of the rule as approved by the Interstate20
Commission.21
C. When promulgating a rule, the Interstate Commission shall, at a22
minimum:23
(1) Publish the proposed rule's entire text stating the reason(s) for that24
proposed rule.25
(2) Allow and invite any and all persons to submit written data, facts,26
opinions and arguments, which information shall be added to the record, and27
be made publicly available.28 SB NO. 644
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(3) Promulgate a final rule and its effective date, if appropriate, based1
on input from state or local officials, or interested parties.2
D. Rules promulgated by the Interstate Commission shall have the force3
and effect of administrative rules and shall be binding in the compacting states4
to the extent and in the manner provided for in this compact.5
E. Not later than sixty days after a rule is promulgated, an interested6
person may file a petition in the U.S. District Court for the District of Columbia7
or in the Federal District Court where the Interstate Commission’s principal8
office is located for judicial review of such rule.  If the court finds that the9
Interstate Commission’s action is not supported by substantial evidence in the10
rulemaking record, the court shall hold the rule unlawful and set it aside.11
F. If a majority of the legislatures of the member states rejects a rule, those12
states may by enactment of a statute or resolution in the same manner used to13
adopt the compact cause that such rule shall have no further force and effect in14
any member state.15
G. The existing rules governing the operation of the Interstate Compact16
on the Placement of Children superseded by this act shall be null and void no less17
than twelve, but no more than twenty-four months after the first meeting of the18
Interstate Commission created hereunder, as determined by the members during19
the first meeting.20
H. Within the first twelve months of operation, the Interstate Commission21
shall promulgate rules addressing the following:22
(1) Transition rules23
(2) Forms and procedures24
(3) Timelines25
(4) Data collection and reporting26
(5) Rulemaking27
(6) Visitation28
(7) Progress reports/supervision29 SB NO. 644
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(8) Sharing of information/confidentiality1
(9) Financing of the Interstate Commission2
(10) Mediation, arbitration and dispute resolution3
(11) Education, training and technical assistance4
(12) Enforcement5
(13) Coordination with other interstate compacts6
I. Upon determination by a majority of the members of the Interstate7
Commission that an emergency exists:8
(1) The Interstate Commission may promulgate an emergency rule only9
if it is required to:10
(a) Protect the children covered by the compact from an imminent threat11
to their health, safety and well-being; or12
(b) Prevent loss of federal or state funds; or13
(c) Meet a deadline for the promulgation of an administrative rule14
required by federal law.15
(2) An emergency rule shall become effective immediately upon adoption,16
provided that the usual rulemaking procedures provided hereunder shall be17
retroactively applied to said rule as soon as reasonably possible, but no later than18
ninety days after the effective date of the emergency rule.19
(3) An emergency rule shall be promulgated as provided for in the rules20
of the Interstate Commission.21
Art. 1634.  Oversight, dispute resolution, enforcement22
A. Oversight:23
(1) The Interstate Commission shall oversee the administration and24
operation of the compact.25
(2) The executive, legislative and judicial branches of state government in26
each member state shall enforce the compact and the rules of the Interstate27
Commission and shall take all actions necessary and appropriate to effectuate 28 SB NO. 644
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the compact's purposes and intent. The compact and its rules shall be binding1
in the compacting states to the extent and in the manner provided for in this2
compact.3
(3) All courts shall take judicial notice of the compact and the rules in any4
judicial or administrative proceeding in a member state pertaining to the subject5
matter of the compact.6
(4) The Interstate Commission shall be entitled to receive service of process7
in any action in which the validity of a compact provision or rule is the issue for8
which a judicial determination has been sought and shall have standing to9
intervene in any proceedings. Failure to provide service of process to the10
Interstate Commission shall render any judgment, order or other determination,11
however so captioned or classified, void as to the Interstate Commission, the12
compact, its bylaws or rules of the Interstate Commission.13
B. Dispute Resolution:14
(1) The Interstate Commission shall attempt, upon the request of a15
member state, to resolve disputes which are subject to the compact and which16
may arise among member states and between member and non-member states.17
(2) The Interstate Commission shall promulgate a rule providing for both18
mediation and binding dispute resolution for disputes among compacting states.19
The costs of such mediation or dispute resolution shall be the responsibility of the20
parties to the dispute.21
C. Enforcement:22
(1) If the Interstate Commission determines that a member state has23
defaulted in the performance of its obligations or responsibilities under the24
compact, its bylaws or rules, the Interstate Commission may:25
(a) Provide remedial training and specific technical assistance; or26
(b) Provide written notice to the defaulting state and other member states,27
of the nature of the default and the means of curing the default. The Interstate28 SB NO. 644
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Commission shall specify the conditions by which the defaulting state must cure1
its default; or2
(c) By majority vote of the members, initiate against a defaulting member3
state legal action in the United State District Court for the District of Columbia4
or, at the discretion of the Interstate Commission, in the federal district where the5
Interstate Commission has its principal office, to enforce compliance with the6
provisions of the compact, its bylaws or rules. The relief sought may include both7
injunctive relief and damages. In the event judicial enforcement is necessary the8
prevailing party shall be awarded all costs of such litigation including reasonable9
attorney fees; or10
(d) Avail itself of any other remedies available under state law or the11
regulation of official or professional conduct.12
Art. 1635.  Financing of the commission13
A. The Interstate Commission shall pay, or provide for the payment of the14
reasonable expenses of its establishment, organization and ongoing activities.15
B. The Interstate Commission may levy on and collect an annual16
assessment from each member state to cover the cost of the operations and17
activities of the Interstate Commission and its staff which must be in a total18
amount sufficient to cover the Interstate Commission's annual budget as19
approved by its members each year. The aggregate annual assessment amount20
shall be allocated based upon a formula to be determined by the Interstate21
Commission which shall promulgate a rule binding upon all member states.22
C. The Interstate Commission shall not incur obligations of any kind prior23
to securing the funds adequate to meet the same; nor shall the Interstate24
Commission pledge the credit of any of the member states, except by and with the25
authority of the member state.26
D. The Interstate Commission shall keep accurate accounts of all receipts27
and disbursements. The receipts and disbursements of the Interstate Commission28
shall be subject to the audit and accounting procedures established under its29 SB NO. 644
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bylaws. However, all receipts and disbursements of funds handled by the1
Interstate Commission shall be audited yearly by a certified or licensed public2
accountant and the report of the audit shall be included in and become part of the3
annual report of the Interstate Commission.4
Art. 1636.  Member states, effective date and amendment5
A. Any state is eligible to become a member state.6
B. The compact shall become effective and binding upon legislative7
enactment of the compact into law by no less than thirty-five states. The effective8
date shall be the later of July 1, 2007 or upon enactment of the compact into law9
by the thirty-fifth state. Thereafter it shall become effective and binding as to any10
other member state upon enactment of the compact into law by that state.  The11
executive heads of the state human services administration with ultimate12
responsibility for the child welfare program of nonmember states or their13
designees shall be invited to participate in the activities of the Interstate14
Commission on a nonvoting basis prior to adoption of the compact by all states.15
C. The Interstate Commission may propose amendments to the compact16
for enactment by the member states. No amendment shall become effective and17
binding on the member states unless and until it is enacted into law by unanimous18
consent of the member states.19
Art. 1637.  Withdrawal and dissolution20
A. Withdrawal:21
(1) Once effective, the compact shall continue in force and remain binding22
upon each and every member state; provided that a member state may withdraw23
from the compact specifically repealing the statute which enacted the compact24
into law.25
(2) Withdrawal from the compact shall be by the enactment of a statute26
repealing the same. The effective date of withdrawal shall be the effective date of27
the repeal of the statute.28 SB NO. 644
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(3) The withdrawing state shall immediately notify the president of the1
Interstate Commission in writing upon the introduction of legislation repealing2
the compact in the withdrawing state. The Interstate Commission shall then3
notify the other member states of the withdrawing state's intent to withdraw.4
(4) The withdrawing state is responsible for all assessments, obligations5
and liabilities incurred through the effective date of withdrawal.6
(5) Reinstatement following withdrawal of a member state shall occur7
upon the withdrawing state reenacting the compact or upon such later date as8
determined by the members of the Interstate Commission.9
B. Dissolution of Compact:10
(1) The compact shall dissolve effective upon the date of the withdrawal or11
default of the member state which reduces the membership in the compact to one12
member state.13
(2) Upon the dissolution of the compact, the compact becomes null and14
void and shall be of no further force or effect, and the business and affairs of the15
Interstate Commission shall be concluded and surplus funds shall be distributed16
in accordance with the bylaws.17
Art. 1638.  Severability and construction18
A. The provisions of this Chapter and the compact shall be severable, and19
if any phrase, clause, sentence or provision is deemed unenforceable, the20
remaining provisions of the compact shall be enforceable.21
B. The provisions of this Chapter and the compact shall be liberally22
construed to effectuate its purposes.23
C. Nothing in this Chapter or the compact shall be construed to prohibit24
the concurrent applicability of other interstate compacts to which the states are25
members.26
Art. 1639.  Binding effect of compact and other laws27
A.  Other laws.28 SB NO. 644
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(1) Nothing herein prevents the enforcement of any other law of a member1
state that is not inconsistent with this compact.2
B. Binding effect of the compact.3
(1) All lawful actions of the Interstate Commission, including all rules and4
bylaws promulgated by the Interstate Commission, are binding upon the member5
states.6
(2) All agreements between the Interstate Commission and the member7
states are binding in accordance with their terms.8
(3) In the event any provision of this compact exceeds the constitutional9
limits imposed on the legislature of any member state, such provision shall be10
ineffective to the extent of the conflict with the constitutional provision in question11
in that member state.12
Art. 1640.  Indian tribes13
Notwithstanding any other provision in this Chapter or the compact, the14
Interstate Commission may promulgate guidelines to permit Indian tribes to15
utilize the compact to achieve any or all of the purposes of the compact as16
specified in Article 1623. The Interstate Commission shall make reasonable17
efforts to consult with Indian tribes in promulgating guidelines to reflect the18
diverse circumstances of the various Indian tribes.19
Art. 1641. Rulemaking authority; effect of rules20
A. The Department of Social Services shall have the authority to21
promulgate rules and regulations in accordance with the Administrative22
Procedure Act as necessary to carry out the provisions of this Chapter.23
B. Notwithstanding any other provision of this chapter, rules adopted by24
the Interstate Commission shall not supersede state law, and shall not be binding25
unless also promulgated by this state in accordance with the Administrative26
Procedure Act. The provisions of this Subsection shall control to the extent of27
conflict with any other provision of law.28
Art. 1642.  Financial responsibility for children29 SB NO. 644
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Financial responsibility for any child placed pursuant to the provisions of1
this compact shall be determined in accordance with the provisions of Article2
1629 in the first instance. However, in the event of partial or complete default of3
performance there under, the provisions of Louisiana's laws fixing the4
responsibility for the support of children also may be invoked.5
Art. 1643.  Authority to enter into agreements; approval of state treasurer6
A. The officers and agencies of this state and its political subdivisions7
having authority to place children are hereby empowered to enter into8
agreements with appropriate officers or agencies of or in other party states9
pursuant to Article 1629.10
B. Any such agreement which contains a financial commitment or imposes11
a financial obligation on this state or subdivision or agency thereof shall not be12
binding unless it has the approval in writing of the state treasurer in the case of13
the state and of the chief local fiscal officer in the case of a subdivision of the state.14
Section 2.  Chapter 2 of Title XVI of the Louisiana Children's Code, comprised of Arts.15
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 was prepared by Jerry G. Jones. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Linda Nugent.
DIGEST
Broome (SB 644)
Present law in Children's Code provides for Interstate Compact on the Placement of
Children. Provides procedures, definitions, and requirements. Provides that it 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 SB NO. 644
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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
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 in a custody proceeding in which a public child
placing agency is not a party, provided that the placement is not intended to effectuate
an adoption.
(2) 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.
(3) The interstate placement of a child by one relative with the lawful authority to make
such a placement directly with a relative in a receiving state.
(4) The placement of certain children into a residential facility by his parent.
(5) The placement of a child with a noncustodial parent provided that: SB NO. 644
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(a)The noncustodial 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
noncustodial parent is in the best interests of the child; and
(c)The court in the sending state dismisses its jurisdiction.
(6) A child entering the United States from a foreign country for the purpose of adoption
or leaving the United States to go to a foreign country for the purpose of adoption in
that country.
(7) Cases in which a U.S. citizen child living overseas with his family, at least one of
whom is in the U.S. Armed Services, and who is stationed overseas, is removed and
placed in a state.
(8) 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 placement evaluation, and for financial responsibility for children.
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. Further provides that rules adopted by the Interstate
Commission shall not supersede state law and shall not be binding unless also promulgated
by this state in accordance with the APA.
(Adds Ch.C. Arts. 1623-1643; repeals Ch.C. Arts. 1608-1622) SB NO. 644
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the original
bill.
1. Added language on promulgation of rules and regulations.
2. Revised definitions, jurisdictional procedures, and placement evaluation and
procedures.
Senate Floor Amendments to engrossed bill.
1. Technical Legislative Bureau amendments.