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Regular Session, 2010 ENROLLED
SENATE BILL NO. 644
BY SENATOR BROOME
AN ACT1
To enact Chapter 2-A of Title XVI of the Louisiana Children's Code, comprised of Articles2
1623 through 1643, and to repeal Chapter 2 of Title XVI of the Louisiana Children's3
Code, comprised of Articles 1608 through 1622, relative to the Interstate Compact4
for the Placement of Children; to authorize the state to enter into an interstate5
compact on the placement of children; to provide procedures, terms, conditions,6
requirements, and effects; to provide purposes and definitions; to provide relative to7
compact applicability; to provide relative to jurisdiction, assessments, placement,8
and state responsibility; to establish an interstate commission for the placement of9
children and provide for its powers, duties, membership, procedures, organization,10
operation, 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
compact; to provide for Indian tribes; to provide for rulemaking authority by the18
Department of Social Services; to provide certain effective dates; and to provide for19
related matters.20
Be it enacted by the Legislature of Louisiana:21
Section 1. Chapter 2-A of Title XVI of the Louisiana Children's Code, comprised of22
Articles 1623 through 1643, is hereby enacted to read as follows:23
Art. 1623. Interstate compact for the placement of children; purpose24
The provisions of this Chapter shall constitute the Interstate Compact25
for the Placement of Children. The purpose of the compact is to:26
A. Provide a process through which children subject to the compact are27 SB NO. 644 ENROLLED
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placed in safe and suitable homes in a timely manner.1
B. Facilitate ongoing supervision of a placement, the delivery of services,2
and communication between the states.3
C. Provide operating procedures that will ensure that children are placed4
in safe and suitable homes in a timely manner.5
D. Provide for the promulgation and enforcement of administrative rules6
implementing the provisions of the compact and regulating the covered7
activities of the member states.8
E. Provide for uniform data collection and information sharing between9
member states under the compact.10
F. Promote coordination between the compact, the Interstate Compact11
for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and12
other compacts affecting the placement of and which provide services to13
children otherwise subject to the compact.14
G. Provide for a state's continuing legal jurisdiction and responsibility15
for placement and care of a child that it would have had if the placement were16
intrastate.17
H. Provide for the promulgation of guidelines, in collaboration with18
Indian tribes, for interstate cases involving Indian children as is or may be19
permitted by federal law.20
Art. 1624. Definitions21
As used in this Chapter, the following terms shall have the following22
meanings:23
(1) "Approved placement" means the public child placing agency in the24
receiving state has determined that the placement is both safe and suitable for25
the child.26
(2) "Assessment" means an evaluation of a prospective placement by a27
public child placing agency in the receiving state to determine if the placement28
meets the individualized needs of the child, including but not limited to the29
child's safety and stability, health and well-being, and mental, emotional and30 SB NO. 644 ENROLLED
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physical development. "Assessment" is applicable only to a placement by a1
public child placing agency.2
(3) "Child" means an individual who has not attained the age of3
eighteen.4
(4) "Certification" means to attest, declare, or swear to before a judge5
or notary public.6
(5) "Default" means the failure of a member state to perform the7
obligations or responsibilities imposed upon it by the compact, the bylaws, or8
rules of the Interstate Commission.9
(6) "Home study" means an evaluation of a home environment10
conducted in accordance with the applicable requirements of the state in which11
the home is located, and documenting the preparation and the suitability of the12
placement resource for placement of a child in accordance with the laws and13
requirements of the state in which the home is located.14
(7) "Indian tribe" means any Indian tribe, band, nation, or other15
organized group or community of Indians recognized as eligible for services16
provided to Indians by the Secretary of the Interior because of their status as17
Indians, including any Alaskan native village as defined in Section 3(C) of the18
Alaska Native Claims Settlement Act at 43 U.S.C. 1602(C).19
(8) "Interstate Commission for the Placement of Children" means the20
commission that is created under Article 1630 and which is generally referred21
to as the Interstate Commission.22
(9) "Jurisdiction" means the power and authority of a court to hear and23
decide matters.24
(10) “Legal Risk Placement” (“Legal Risk adoption”) means a25
placement made preliminary to an adoption where the prospective adoptive26
parents acknowledge in writing that a child may be ordered returned to the27
sending state or the birth mother’s state of residence, if different from the28
sending state, and a final decree of adoption shall not be entered in any29
jurisdiction until all required consents are obtained or are dispensed with in30 SB NO. 644 ENROLLED
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accordance with applicable law.1
(11) "Member state" means a state that has enacted the compact.2
(12) "Noncustodial parent" means a person who, at the time of the3
commencement of court proceedings in the sending state, does not have sole4
legal custody of the child or has joint legal custody of a child, and who is not the5
subject of allegations or findings of child abuse or neglect.6
(13) "Nonmember state" means a state which has not enacted the7
compact.8
(14) "Notice of residential placement" means information regarding a9
placement into a residential facility provided to the receiving state including,10
but not limited to the name, date and place of birth of the child, the identity and11
address of the parent or legal guardian, evidence of authority to make the12
placement, and the name and address of the facility in which the child will be13
placed. Notice of residential placement shall also include information regarding14
a discharge and any unauthorized absence from the facility.15
(15) "Placement" means the act by a public or private child placing16
agency intended to arrange for the care or custody of a child in another state.17
(16) "Private child placing agency" means any private corporation,18
agency, foundation, institution, or charitable organization, or any private19
person or attorney that facilitates, causes, or is involved in the placement of a20
child from one state to another and that is not an instrumentality of the state or21
acting under state law.22
(17) "Provisional placement" means a determination made by the public23
child placing agency in the receiving state that the proposed placement is safe24
and suitable, and, to the extent allowable, the receiving state has temporarily25
waived its standards or requirements otherwise applicable to prospective foster26
or adoptive parents so as to not delay the placement. Completion of the27
receiving state requirements regarding training for prospective foster or28
adoptive parents shall not delay an otherwise safe and suitable placement.29
(18) "Public child placing agency" means any government child welfare30 SB NO. 644 ENROLLED
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agency or child protection agency or a private entity under contract with such1
an agency, regardless of whether they act on behalf of a state, county,2
municipality or other governmental unit and which facilitates, causes, or is3
involved in the placement of a child from one state to another.4
(19) "Receiving state" means the state to which a child is sent, brought,5
or caused to be sent or brought.6
(20) "Relative" means someone who is related to the child as a parent,7
stepparent, sibling by half or whole blood or by adoption, grandparent, aunt,8
uncle, or first cousin or a nonrelative with such significant ties to the child that9
they may be regarded as relatives as determined by the court in the sending10
state.11
(21) "Residential facility" means a facility providing a level of care that12
is sufficient to substitute for parental responsibility or foster care, and is beyond13
what is needed for assessment or treatment of an acute condition. For purposes14
of the compact, residential facilities do not include institutions primarily15
educational in character, hospitals, or other medical facilities.16
(22) "Rule" means a written directive, mandate, standard, or principle17
issued by the Interstate Commission promulgated pursuant to this Chapter that18
is of general applicability and that implements, interprets, or prescribes a policy19
or provision of the compact. "Rule" has the force and effect of an20
administrative rule in a member state, and includes the amendment, repeal, or21
suspension of an existing rule.22
(23) "Sending state" means the state from which the placement of a child23
is initiated.24
(24) "Service member's permanent duty station" means the military25
installation where an active duty armed services member is currently assigned26
and is physically located under competent orders that do not specify the duty27
as temporary.28
(25) "Service member's state of legal residence" means the state in which29
the active duty armed services member is considered a resident for tax and30 SB NO. 644 ENROLLED
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voting purposes.1
(26) "State" means a state of the United States, the District of Columbia,2
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,3
American Samoa, the Northern Marianas Islands, and any other territory of the4
United States.5
(27) "State court" means a judicial body of a state that is vested by law6
with responsibility for adjudicating cases involving abuse, neglect, deprivation,7
delinquency or status offenses of individuals who have not attained the age of8
eighteen.9
(28) "Supervision" means monitoring provided by the receiving state10
once a child has been placed in a receiving state pursuant to the compact.11
Art. 1625. Compact applicability12
A. Except as otherwise provided in Paragraph B of this Article, the13
compact shall apply to all of the following:14
(1) The interstate placement of a child subject to ongoing court15
jurisdiction in the sending state, due to allegations or findings that the child has16
been abused, neglected, or deprived as defined by the laws of the sending state,17
provided, however, that the placement of such a child into a residential facility18
shall require only notice of residential placement to the receiving state prior to19
placement.20
(2) The interstate placement of a child adjudicated delinquent or21
unmanageable based on the laws of the sending state and subject to ongoing22
court jurisdiction of the sending state if any of the following apply:23
(a) The child is being placed in a residential facility in another member24
state and is not covered under another compact.25
(b) The child is being placed in another member state and the26
determination of safety and suitability of the placement and services required27
is not provided through another compact.28
(3) The interstate placement of any child by a public child placing agency29
or private child placing agency as defined in the compact as a preliminary step30 SB NO. 644 ENROLLED
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to a possible adoption.1
B. The provisions of the compact shall not apply to:2
(1) The interstate placement of a child in a custody proceeding in which3
a public child placing agency is not a party, provided that the placement is not4
intended to effectuate an adoption.5
(2) The interstate placement of a child with a nonrelative in a receiving6
state by a parent with the legal authority to make such a placement provided,7
however, that the placement is not intended to effectuate an adoption.8
(3) The interstate placement of a child by one relative with the lawful9
authority to make such a placement directly with a relative in a receiving state.10
(4) The placement of a child, not subject to Paragraph A of this Article,11
into a residential facility by his parent.12
(5) The placement of a child with a noncustodial parent provided all of13
the following exist:14
(a) The noncustodial parent proves to the satisfaction of a court in the15
sending state a substantial relationship with the child.16
(b) The court in the sending state makes a written finding that17
placement with the noncustodial parent is in the best interests of the child.18
(c) The court in the sending state dismisses its jurisdiction in interstate19
placements in which the public child placing agency is a party to the proceeding.20
(6) A child entering the United States from a foreign country for the21
purpose of adoption or leaving the United States to go to a foreign country for22
the purpose of adoption in that country.23
(7) A child who is a United States citizen living overseas with a United24
States armed services member stationed overseas, is removed and placed in a25
state.26
(8) The sending of a child by a public child placing agency or a private27
child placing agency for a visit as defined by the rules of the Interstate28
Commission.29
C. For purposes of determining the applicability of the compact to the30 SB NO. 644 ENROLLED
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placement of a child with a family in the armed services, the public child placing1
agency or private child placing agency may choose the state of the service2
member's permanent duty station or the service member's declared legal3
residence.4
D. Nothing in this Chapter shall be construed to prohibit the concurrent5
application of the provisions of the compact with other applicable interstate6
compacts including the Interstate Compact for Juveniles and the Interstate7
Compact on Adoption and Medical Assistance. The Interstate Commission may8
in cooperation with other interstate compact commissions having responsibility9
for the interstate movement, placement or transfer of children, promulgate like10
rules to ensure the coordination of services, timely placement of children, and11
the reduction of unnecessary or duplicative administrative or procedural12
requirements.13
Art. 1626. Jurisdiction14
A. Except as provided in Paragraph H of this Article, and Article15
1627(B)(2) and (3) concerning private and independent adoptions, and in16
interstate placements in which the public child placing agency is not a party to17
a custody proceeding, the sending state shall retain jurisdiction over a child18
with respect to all matters of custody and disposition of the child which it would19
have had if the child had remained in the sending state. Jurisdiction shall also20
include the power to order the return of the child to the sending state.21
B. When an issue of child protection or custody is brought before a court22
in the receiving state, such court shall confer with the court of the sending state23
to determine the most appropriate forum for adjudication.24
C. In cases subject to this compact, the taking of testimony for hearings25
before any judicial officer may occur in person or by telephone, audio-video26
conference, or such other means as approved by the rules of the Interstate27
Commission, and judicial officers may communicate with other judicial officers28
and persons involved in the interstate process as may be permitted by their29
Canons of Judicial Conduct and any rules promulgated by the Interstate30 SB NO. 644 ENROLLED
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Commission.1
D. In accordance with its own laws, the court in the sending state shall2
have authority to terminate its jurisdiction if any of the following occur:3
(1) The child is reunified with the parent in the receiving state who is the4
subject of allegations or findings of abuse or neglect, only with the concurrence5
of the public child placing agency in the receiving state.6
(2) The child is adopted.7
(3) The child reaches the age of majority.8
(4) The child achieves legal independence pursuant to the laws of the9
sending state.10
(5) A guardianship is created by a court in the receiving state with the11
concurrence of the court in the sending state.12
(6) An Indian tribe has petitioned for and received jurisdiction from the13
court in the sending state.14
(7) The public child placing agency of the sending state requests15
termination and has obtained the concurrence of the public child placing agency16
in the receiving state.17
E. When a sending state court terminates its jurisdiction, the receiving18
state child placing agency shall be notified.19
F. Nothing in this Article shall defeat a claim of jurisdiction by a20
receiving state court sufficient to deal with an act of truancy, delinquency,21
crime, or behavior involving a child as defined by the laws of the receiving state22
committed by the child in the receiving state which may be a violation of its23
laws.24
G. Nothing in this Article shall limit the receiving state's ability to take25
emergency jurisdiction for the protection of the child.26
H. The substantive laws of the state in which an adoption will be27
finalized shall solely govern all issues relating to the adoption of the child and28
the court in which the adoption proceeding is filed shall have subject matter29
jurisdiction regarding all substantive issues relating to the adoption, except30 SB NO. 644 ENROLLED
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when any of the following exists:1
(1) The child is a ward of another court that established jurisdiction over2
the child prior to the placement.3
(2) The child is in the legal custody of a public agency in the sending4
state.5
(3) A court in the sending state has otherwise appropriately assumed6
jurisdiction over the child, prior to the submission of the request for approval7
of placement.8
I. A final decree of adoption shall not be entered in any jurisdiction until9
the placement is authorized as an “approved placement” by the public child10
placing agency in the receiving state.11
Art. 1627. Placement evaluation12
A. Prior to sending, bringing, or causing a child to be sent or brought13
into a receiving state, the public child placing agency shall provide a written14
request for assessment to the receiving state.15
B. For placements by a private child placing agency, a child may be sent16
or brought, or caused to be sent or brought, into a receiving state, upon receipt17
and immediate review of the required content in a request for approval of a18
placement in both the sending and receiving state public child placing agency.19
The required content to accompany a request for approval shall include all of20
the following:21
(1) A request for approval identifying the child, birth parents, the22
prospective adoptive parent, and the supervising agency, signed by the person23
requesting approval.24
(2) The appropriate consents or relinquishments signed by the birth25
parents in accordance with the laws of the sending state or, where permitted,26
the laws of the state where the adoption will be finalized.27
(3) Certification by a licensed attorney or authorized agent of a private28
adoption agency that the consent or relinquishment is in compliance with the29
applicable laws of the sending state or, where permitted, the laws of the state30 SB NO. 644 ENROLLED
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where finalization of the adoption will occur.1
(4) A home study.2
(5) An acknowledgment of legal risk signed by the prospective adoptive3
parents.4
C. The sending state and the receiving state may request additional5
information or documents prior to finalization of an approved placement, but6
they may not delay travel by the prospective adoptive parents with the child if7
the required content for approval has been submitted, received, and reviewed8
by the public child placing agency in both the sending state and the receiving9
state.10
D. Approval from the public child placing agency in the receiving state11
for a provisional or approved placement is required as provided for in the rules12
of the Interstate Commission.13
E. The procedures for making and the request for an assessment shall14
contain all information and be in such form as provided for in the rules of the15
Interstate Commission.16
F. Upon receipt of a request from the public child welfare agency of the17
sending state, the receiving state shall initiate an assessment of the proposed18
placement to determine its safety and suitability. If the proposed placement is19
a placement with a relative, the public child placing agency of the sending state20
may request a determination for a provisional placement.21
G. The public child placing agency in the receiving state may request22
from the public child placing agency or the private child placing agency in the23
sending state, and shall be entitled to receive, supporting or additional24
information necessary to complete the assessment or approve the placement.25
H. The public child placing agency in the receiving state shall approve26
a provisional placement and complete or arrange for the completion of the27
assessment within the timeframes established by the rules of the Interstate28
Commission.29 SB NO. 644 ENROLLED
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I. For a placement by a private child placing agency, the sending state1
shall not impose any additional requirements to complete the home study that2
are not required by the receiving state, unless the adoption is finalized in the3
sending state.4
J. The Interstate Commission may develop uniform standards for the5
assessment of the safety and suitability of interstate placements.6
Art. 1628. Placement authority7
A. Except as provided in this compact, no child subject to the compact8
shall be placed into a receiving state until approval for such placement is9
obtained.10
B. If the public child placing agency in the receiving state does not11
approve the proposed placement, then the child shall not be placed. The12
receiving state shall provide written documentation of any such determination13
in accordance with the rules promulgated by the Interstate Commission. The14
determination is not subject to judicial review in the sending state.15
C. If the proposed placement is not approved, any interested party shall16
have standing to seek an administrative review of the receiving state's17
determination.18
D. The administrative review and any further judicial review associated19
with the determination shall be conducted in the receiving state pursuant to its20
applicable administrative procedures.21
E. If a determination not to approve the placement of the child in the22
receiving state is overturned upon review, the placement shall be deemed23
approved, provided that all administrative or judicial remedies have been24
exhausted or the time for such remedies has passed.25
Art. 1629. Placing agency responsibility26
A. For the interstate placement of a child made by a public child placing27
agency or state court:28
(1) The public child placing agency in the sending state shall have29
financial responsibility for all of the following:30 SB NO. 644 ENROLLED
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(a) The ongoing support and maintenance for the child during the period1
of the placement, unless otherwise provided for in the receiving state.2
(b) Services for the child beyond the public services for which he is3
eligible in the receiving state, as determined by the public child placing agency4
in the sending state.5
(2) The receiving state shall have financial responsibility only for the6
following:7
(a) Any assessment conducted by the receiving state.8
(b) Supervision conducted by the receiving state at the level necessary to9
support the placement as agreed upon by the public child placing agencies of the10
receiving and sending state.11
(3) Nothing in this Article shall prohibit public child placing agencies in12
the sending state from entering into agreements with licensed agencies or13
persons in the receiving state to conduct assessments and provide supervision.14
B. For the placement of a child by a private child placing agency15
preliminary to a possible adoption, the private child placing agency shall be16
legally responsible for the child during the period of placement as provided for17
in the law of the sending state until the finalization of the adoption and18
financially responsible for the child absent a contractual agreement to the19
contrary.20
C. The public child placing agency in the receiving state shall provide21
timely assessments, as provided for in the rules of the Interstate Commission.22
D. The public child placing agency in the receiving state shall provide,23
or arrange supervision and services for the child, including timely reports,24
during the period of the placement.25
E. Nothing in this Chapter or the compact shall be construed as to limit26
the authority of the public child placing agency in the receiving state from27
contracting with a licensed agency or person in the receiving state for an28
assessment or supervision or services for the child or otherwise authorizing29
supervision or services by a licensed agency during the period of placement.30 SB NO. 644 ENROLLED
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F. Each member state shall provide for coordination among its branches1
of government concerning the state's participation in, and compliance with, the2
compact and Interstate Commission activities, through the creation of an3
advisory council or use of an existing body or board.4
G. Each member state shall establish a central state compact office,5
which shall be responsible for state compliance with the compact and the rules6
of the Interstate Commission.7
H. The public child placing agency in the sending state shall oversee8
compliance with the provisions of the Indian Child Welfare Act (25 U.S.C. 19019
et seq.) for placements subject to the provisions of the compact, prior to10
placement.11
I. With the consent of the Interstate Commission, states may enter into12
limited agreements that facilitate the timely assessment and provision of13
services and supervision of placements under the compact.14
Art. 1630. Interstate commission for the placement of children15
A. The member states hereby establish, by way of the compact, a16
commission known as the "Interstate Commission for the Placement of17
Children". The activities of the Interstate Commission are the formation of18
public policy and are a discretionary state function. The Interstate Commission19
shall:20
(1) Be a joint commission of the member states and shall have the21
responsibilities, powers, and duties set forth herein, and such additional powers22
as may be conferred upon it by subsequent concurrent action of the respective23
legislatures of the member states.24
(2) Consist of one commissioner from each member state who shall be25
appointed by the executive head of the state human services administration with26
ultimate responsibility for the child welfare program. The appointed27
commissioner shall have the legal authority to vote on policy related matters28
governed by the compact binding the state.29 SB NO. 644 ENROLLED
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B. Each member state represented at a meeting of the Interstate1
Commission is entitled to one vote.2
C. A majority of the member states shall constitute a quorum for the3
transaction of business, unless a larger quorum is required by the bylaws of the4
Interstate Commission.5
D. A representative shall not delegate a vote to another member state.6
E. A representative may delegate voting authority to another person7
from their state for a specified meeting.8
F. In addition to the commissioners of each member state, the Interstate9
Commission shall include persons who are members of interested organizations10
as defined in the bylaws or rules of the Interstate Commission. These members11
shall be ex officio and shall not be entitled to vote on any matter before the12
Interstate Commission.13
G. The Interstate Commission shall establish an executive committee14
which shall have the authority to administer the daily operations and15
administration of the commission. The executive committee shall not have the16
power to engage in rulemaking.17
Art. 1631. Powers and duties of the Interstate Commission18
A. The Interstate Commission shall have the following powers:19
(1) To promulgate rules and take all necessary actions to effect the goals,20
purposes, and obligations as enumerated in the compact.21
(2) To provide for dispute resolution among member states.22
(3) To issue, upon request of a member state, advisory opinions23
concerning the meaning or interpretation of the interstate compact, its bylaws,24
rules, or actions.25
(4) To enforce compliance with the compact or the bylaws or rules of the26
Interstate Commission.27
(5) To collect standardized data concerning the interstate placement of28
children subject to the compact as directed through its rules which shall specify29 SB NO. 644 ENROLLED
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the data to be collected, the means of collection and data exchange, and1
reporting requirements.2
(6) To establish and maintain offices as may be necessary for the3
transacting of its business.4
(7) To purchase and maintain insurance and bonds.5
(8) To hire or contract for services of personnel or consultants as6
necessary to carry out its functions under the compact and establish personnel7
qualification policies, and rates of compensation.8
(9) To establish and appoint committees and officers including, but not9
limited to, an executive committee as required by this Chapter.10
(10) To accept any and all donations and grants of money, equipment,11
supplies, materials, and services, and to receive, utilize, and dispose thereof.12
(11) To lease, purchase, accept contributions or donations of, or13
otherwise to own, hold, improve, or use any property.14
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or15
otherwise dispose of any property.16
(13) To establish a budget and make expenditures.17
(14) To adopt a seal and bylaws governing the management and18
operation of the Interstate Commission.19
B. The commission shall report annually to the legislatures, governors,20
the judiciary, and state advisory councils of the member states concerning the21
activities of the Interstate Commission during the preceding year. Reports shall22
also include any recommendations adopted by the Interstate Commission.23
C. The commission shall coordinate and provide education, training, and24
public awareness regarding the interstate movement of children for officials25
involved in such activity.26
D. The commission shall maintain books and records in accordance with27
the bylaws of the Interstate Commission.28
E. The commission may perform such other functions as may be29
necessary or appropriate to achieve the purposes of the compact.30 SB NO. 644 ENROLLED
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Art. 1632. Organization and operation of the Interstate Commission1
A. Bylaws:2
(1) Within twelve months after the first Interstate Commission meeting,3
the Interstate Commission shall adopt bylaws to govern its conduct as may be4
necessary or appropriate to carry out the purposes of the compact.5
(2) The Interstate Commission's bylaws and rules shall establish6
conditions and procedures under which the Interstate Commission shall make7
its information and official records available to the public for inspection or8
copying. The Interstate Commission may exempt from disclosure information9
or official records to the extent they would adversely affect personal privacy10
rights or proprietary interests.11
B. Meetings:12
(1) The Interstate Commission shall meet at least once each calendar13
year. The chairperson may call additional meetings and, upon the request of a14
simple majority of the member states, shall call additional meetings.15
(2) Public notice shall be given by the Interstate Commission of all16
meetings, and all meetings shall be open to the public, except as set forth in the17
rules or as otherwise provided in the compact. The Interstate Commission and18
its committees may close a meeting, or portion thereof, when it determines by19
two-thirds vote that an open meeting would be likely to do any of the following:20
(a) Relate solely to the Interstate Commission's internal personnel21
practices and procedures.22
(b) Disclose matters specifically exempted from disclosure by federal law.23
(c) Disclose financial or commercial information which is privileged,24
proprietary or confidential in nature.25
(d) Involve accusing a person of a crime, or formally censuring a person.26
(e) Disclose information of a personal nature where disclosure would27
constitute a clearly unwarranted invasion of personal privacy or physically28
endanger one or more persons.29
(f) Disclose investigative records compiled for law enforcement purposes.30 SB NO. 644 ENROLLED
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(g) Relate to the Interstate Commission's participation in a legal1
proceeding.2
(3) For a meeting, or portion of a meeting, closed pursuant to this3
Article, the Interstate Commission's legal counsel or designee shall certify that4
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
a claim for damage to or loss of property or personal injury or other civil30 SB NO. 644 ENROLLED
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liability caused or arising out of or relating to an actual or alleged act, error, or1
omission that occurred, or that such person had a reasonable basis for believing2
occurred within the scope of commission employment, duties, or3
responsibilities; provided, that such person shall not be protected from suit or4
liability for damage, loss, injury, or liability caused by a criminal act or the5
intentional or willful and wanton misconduct of such person.6
(2) The liability of the Interstate Commission's staff director and7
employees or Interstate Commission representatives, acting within the scope of8
such person's employment or duties for acts, errors, or omissions occurring9
within such person's state may not exceed the limits of liability set forth under10
the constitution and laws of that state for state officials, employees, and agents.11
The Interstate Commission is considered to be an instrumentality of the states12
for the purposes of any such action. Nothing in this Chapter shall be construed13
to protect such person from suit or liability for damage, loss, injury, or liability14
caused by a criminal act or the intentional or willful and wanton misconduct of15
such person.16
(3) The Interstate Commission shall defend the staff director and its17
employees and, subject to the approval of the attorney general or other18
appropriate legal counsel of the member state, shall defend the commissioner19
of a member state in a civil action seeking to impose liability arising out of an20
actual or alleged act, error or omission that occurred within the scope of21
Interstate Commission employment, duties or responsibilities, or that the22
defendant had a reasonable basis for believing occurred within the scope of23
Interstate Commission employment, duties, or responsibilities, provided that24
the actual or alleged act, error, or omission did not result from intentional or25
willful and wanton misconduct on the part of such person.26
(4) To the extent not covered by the state involved, member state, or the27
Interstate Commission, the representatives or employees of the Interstate28
Commission shall be held harmless in the amount of a settlement or judgment,29
including attorney fees and costs, obtained against such persons arising out of30 SB NO. 644 ENROLLED
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an actual or alleged act, error, or omission that occurred within the scope of1
Interstate Commission employment, duties, or responsibilities, or that such2
persons had a reasonable basis for believing occurred within the scope of3
Interstate Commission employment, duties, or responsibilities, provided that4
the actual or alleged act, error, or omission did not result from intentional or5
willful and wanton misconduct on the part of such persons.6
Art. 1633. Rulemaking functions of the Interstate Commission7
A. The Interstate Commission shall promulgate and publish rules to8
achieve the purposes of the compact.9
B. Rulemaking shall occur pursuant to this Article and the bylaws and10
rules adopted. Rulemaking shall substantially conform to the principles of the11
"Model State Administrative Procedure Act", 1981 Act, Uniform Laws12
Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as13
the Interstate Commission deems appropriate consistent with due process14
requirements under the United States Constitution. All rules and amendments15
shall become binding as of the date specified, as published with the final version16
of the rule as approved by the Interstate Commission.17
C. When promulgating a rule, the Interstate Commission shall, at a18
minimum:19
(1) Publish the proposed rule's entire text stating the reason for the20
proposed rule.21
(2) Allow and invite any and all persons to submit written data, facts,22
opinions and arguments, which information shall be added to the record, and23
be made publicly available.24
(3) Promulgate a final rule and its effective date, if appropriate, based25
on input from state or local officials, or interested parties.26
D. Rules promulgated by the Interstate Commission shall have the force27
and effect of administrative rules and shall be binding in the compacting states28
to the extent and in the manner provided for in this compact.29 SB NO. 644 ENROLLED
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E. Not later than sixty days after a rule is promulgated, an interested1
person may file a petition in the United States District Court for the District of2
Columbia or in the Federal District Court where the Interstate Commission’s3
principal office is located for judicial review of such rule. If the court finds that4
the Interstate Commission’s action is not supported by substantial evidence in5
the rulemaking record, the court shall hold the rule unlawful and set it aside.6
F. If a majority of the legislatures of the member states rejects a rule, those7
states may by enactment of a statute or resolution in the same manner used to8
adopt the compact cause that such rule shall have no further force and effect in9
any member state.10
G. The existing rules governing the operation of the Interstate Compact11
on the Placement of Children superseded by this Chapter shall be null and void12
no less than twelve, but no more than twenty-four months after the first meeting13
of the Interstate Commission created hereunder, as determined by the members14
during the first meeting.15
H. Within the first twelve months of operation, the Interstate Commission16
shall promulgate rules addressing all of the following:17
(1) Transition rules.18
(2) Forms and procedures.19
(3) Timelines.20
(4) Data collection and reporting.21
(5) Rulemaking.22
(6) Visitation.23
(7) Progress reports and supervision.24
(8) Sharing of information and confidentiality.25
(9) Financing of the Interstate Commission.26
(10) Mediation, arbitration and dispute resolution.27
(11) Education, training and technical assistance.28
(12) Enforcement.29
(13) Coordination with other interstate compacts.30 SB NO. 644 ENROLLED
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I. Upon determination by a majority of the members of the Interstate1
Commission that an emergency exists:2
(1) The Interstate Commission may promulgate an emergency rule only3
if it is required to do any of the following:4
(a) Protect the children covered by the compact from an imminent threat5
to their health, safety, and well-being.6
(b) Prevent loss of federal or state funds.7
(c) Meet a deadline for the promulgation of an administrative rule8
required by federal law.9
(2) An emergency rule shall become effective immediately upon adoption,10
provided that the usual rulemaking procedures provided hereunder shall be11
retroactively applied to such rule as soon as reasonably possible, but no later than12
ninety days after the effective date of the emergency rule.13
(3) An emergency rule shall be promulgated as provided for in the rules14
of the Interstate Commission.15
Art. 1634. Oversight, dispute resolution, enforcement16
A. Oversight:17
(1) The Interstate Commission shall oversee the administration and18
operation of the compact.19
(2) The executive, legislative, and judicial branches of state government in20
each member state shall enforce the compact and the rules of the Interstate21
Commission and shall take all actions necessary and appropriate to effectuate 22
the compact's purposes and intent. The compact and its rules shall be binding23
in the compacting states to the extent and in the manner provided for in this24
compact.25
(3) All courts shall take judicial notice of the compact and the rules in any26
judicial or administrative proceeding in a member state pertaining to the subject27
matter of the compact.28
(4) The Interstate Commission shall be entitled to receive service of process29
in any action in which the validity of a compact provision or rule is the issue for30 SB NO. 644 ENROLLED
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which a judicial determination has been sought and shall have standing to1
intervene in any proceedings. Failure to provide service of process to the2
Interstate Commission shall render any judgment, order, or other determination,3
however so captioned or classified, void as to the Interstate Commission, the4
compact, its bylaws or rules of the Interstate Commission.5
B. Dispute resolution:6
(1) The Interstate Commission shall attempt, upon the request of a7
member state, to resolve disputes which are subject to the compact and which8
may arise among member states and between member and nonmember states.9
(2) The Interstate Commission shall promulgate a rule providing for both10
mediation and binding dispute resolution for disputes among compacting states.11
The costs of such mediation or dispute resolution shall be the responsibility of the12
parties to the dispute.13
C. Enforcement:14
(1) If the Interstate Commission determines that a member state has15
defaulted in the performance of its obligations or responsibilities under the16
compact, its bylaws or rules, the Interstate Commission may take any of the17
following actions:18
(a) Provide remedial training and specific technical assistance.19
(b) Provide written notice to the defaulting state and other member states,20
of the nature of the default and the means of curing the default. The Interstate21
Commission shall specify the conditions by which the defaulting state shall cure22
its default.23
(c) By majority vote of the members, initiate against a defaulting member24
state legal action in the United State District Court for the District of Columbia25
or, at the discretion of the Interstate Commission, in the federal district where the26
Interstate Commission has its principal office, to enforce compliance with the27
provisions of the compact, its bylaws or rules. The relief sought may include both28
injunctive relief and damages. In the event judicial enforcement is necessary, the29 SB NO. 644 ENROLLED
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prevailing party shall be awarded all costs of such litigation including reasonable1
attorney fees.2
(d) Avail itself of any other remedies available under state law or the3
regulation of official or professional conduct.4
Art. 1635. Financing of the commission5
A. The Interstate Commission shall pay, or provide for the payment of the6
reasonable expenses of its establishment, organization, and ongoing activities.7
B. The Interstate Commission may levy on and collect an annual8
assessment from each member state to cover the cost of the operations and9
activities of the Interstate Commission and its staff which must be in a total10
amount sufficient to cover the Interstate Commission's annual budget as11
approved by its members each year. The aggregate annual assessment amount12
shall be allocated based upon a formula to be determined by the Interstate13
Commission which shall promulgate a rule binding upon all member states.14
C. The Interstate Commission shall not incur obligations of any kind prior15
to securing the funds adequate to meet the same; nor shall the Interstate16
Commission pledge the credit of any of the member states, except by and with the17
authority of the member state.18
D. The Interstate Commission shall keep accurate accounts of all receipts19
and disbursements. The receipts and disbursements of the Interstate Commission20
shall be subject to the audit and accounting procedures established under its21
bylaws. However, all receipts and disbursements of funds handled by the22
Interstate Commission shall be audited yearly by a certified or licensed public23
accountant, and the report of the audit shall be included in and become part of24
the annual report of the Interstate Commission.25
Art. 1636. Member states; effective date; amendment26
A. Any state is eligible to become a member state.27
B. The compact shall become effective and binding upon legislative28
enactment of the compact into law by no less than thirty-five states. The effective29
date shall be the later of July 1, 2007 or upon enactment of the compact into law30 SB NO. 644 ENROLLED
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by the thirty-fifth state. Thereafter it shall become effective and binding as to any1
other member state upon enactment of the compact into law by that state. The2
executive heads of the state human services administration with ultimate3
responsibility for the child welfare program of nonmember states or their4
designees shall be invited to participate in the activities of the Interstate5
Commission on a nonvoting basis prior to adoption of the compact by all states.6
C. The Interstate Commission may propose amendments to the compact7
for enactment by the member states. No amendment shall become effective and8
binding on the member states unless and until it is enacted into law by unanimous9
consent of the member states.10
Art. 1637. Withdrawal and dissolution11
A. Withdrawal:12
(1) Once effective, the compact shall continue in force and remain binding13
upon each and every member state; provided that a member state may withdraw14
from the compact specifically repealing the statute which enacted the compact15
into law.16
(2) Withdrawal from the compact shall be by the enactment of a statute17
repealing the same. The effective date of withdrawal shall be the effective date of18
the repeal of the statute.19
(3) The withdrawing state shall immediately notify the president of the20
Interstate Commission in writing upon the introduction of legislation repealing21
the compact. The Interstate Commission shall then notify the other member22
states of the state's intent to withdraw.23
(4) The withdrawing state is responsible for all assessments, obligations,24
and liabilities incurred through the effective date of withdrawal.25
(5) Reinstatement following withdrawal of a member state shall occur26
when the state reenacts the compact or upon a date determined by the27
members of the Interstate Commission.28
B. Dissolution of compact:29 SB NO. 644 ENROLLED
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(1) The compact shall dissolve effective upon the date of the1
withdrawal or default of the member state which reduces the membership2
in the compact to one member state.3
(2) Upon the dissolution of the compact, the compact becomes null4
and void and shall be of no further force or effect, and the business and5
affairs of the Interstate Commission shall be concluded and surplus funds6
shall be distributed in accordance with the bylaws.7
Art. 1638. Severability and construction8
A. The provisions of this Chapter and the compact shall be severable,9
and if any phrase, clause, sentence or provision is deemed unenforceable, the10
remaining provisions of the compact shall be enforceable.11
B. The provisions of this Chapter and the compact shall be liberally12
construed to effectuate its purposes.13
C. Nothing in this Chapter or the compact shall be construed to14
prohibit the concurrent applicability of other interstate compacts to which15
the states are members.16
Art. 1639. Binding effect of compact and other laws17
A. Nothing herein prevents the enforcement of any other law of a18
member state that is not inconsistent with this compact.19
B. Binding effect of the compact.20
(1) All lawful actions of the Interstate Commission, including all rules21
and bylaws promulgated by the Interstate Commission, are binding upon22
the member states.23
(2) All agreements between the Interstate Commission and the24
member states are binding in accordance with their terms.25
(3) In the event any provision of this compact exceeds the26
constitutional limits imposed on the legislature of any member state, it shall27
be ineffective to the extent of the conflict.28
Art. 1640. Indian tribes29 SB NO. 644 ENROLLED
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Notwithstanding any other provision in this Chapter or the compact,1
the Interstate Commission may promulgate guidelines to permit Indian2
tribes to utilize the compact to achieve any or all of the purposes of the3
compact as specified in Article 1623. The Interstate Commission shall make4
reasonable efforts to consult with Indian tribes in promulgating guidelines5
to reflect the diverse circumstances of the various Indian tribes.6
Art. 1641. Rulemaking authority; effect of rules7
A. The Department of Social Services shall have the authority to8
promulgate rules and regulations in accordance with the Administrative9
Procedure Act as necessary to carry out the provisions of this Chapter.10
B. Notwithstanding any other provision of this Chapter, rules11
adopted by the Interstate Commission shall not supersede state law, and12
shall not be binding unless also promulgated by this state in accordance with13
the Administrative Procedure Act. The provisions of this Subsection shall14
control to the extent of conflict with any other provision of law.15
Art. 1642. Financial responsibility for children16
Financial responsibility for any child placed under this compact shall17
be determined in accordance with Article 1629. However, in the event of18
partial or complete default of performance, other provisions of law may also19
be invoked.20
Art. 1643. Authority to enter into agreements; approval of state treasurer21
A. The officers and agencies of this state and its political subdivisions22
having authority to place children are hereby empowered to enter into23
agreements with appropriate officers or agencies of or in other party states24
pursuant to Article 1629.25
B. Any agreement which contains a financial commitment or imposes26
a financial obligation on this state or subdivision or agency thereof shall not27
be binding unless it has the approval in writing of the state treasurer in the28
case of the state and of the chief local fiscal officer in the case of a29
subdivision of the state.30 SB NO. 644 ENROLLED
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Section 2. Chapter 2 of Title XVI of the Louisiana Children's Code, comprised1
of Articles 1608 through 1622, is hereby repealed in its entirety.2
Section 3. The provisions of this Act shall become effective when the thirty-fifth3
state has enacted the Interstate Compact for the Placement of Children as provided in4
Children's Code Article 1636 in Section 1 of this Act.5
Section 4. The secretary of the Department of Social Services shall notify the6
president of the Louisiana Senate and the speaker of the Louisiana House of7
Representatives when the thirty-fifth state has enacted the Interstate Compact for the8
Placement of Children.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATI VES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: