Texas 2025 - 89th Regular

Texas House Bill HB141 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		89R21128 MM-D
2		-	By: Manuel~~, Orr~~ H.B. No. 141
3		-
4		-
	2	+	By: Manuel H.B. No. 141
	3	+	Substitute the following for H.B. No. 141:
	4	+	By: Hull C.S.H.B. No. 141
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the adoption of the revised Interstate Compact for the
10	10		Placement of Children by the State of Texas; making conforming
11	11		changes.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13		ARTICLE 1. INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
14	14		SECTION 1.01. The heading of Subchapter B, Chapter 162,
15	15		Family Code, is amended to read as follows:
16	16		SUBCHAPTER B. INTERSTATE COMPACT FOR [ON] THE PLACEMENT OF
17	17		CHILDREN
18	18		SECTION 1.02. Subchapter B, Chapter 162, Family Code, is
19	19		amended by adding Section 162.1021 to read as follows:
20	20		Sec. 162.1021. ADOPTION OF COMPACT; TEXT. The Interstate
21	21		Compact for the Placement of Children is adopted by this state and
22	22		entered into with all other jurisdictions in form substantially as
23	23		provided by this subchapter.
24	24		INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
25	25		ARTICLE I. PURPOSE
26	26		The purpose of this Interstate Compact for the Placement of
27	27		Children is to:
28	28		A. Provide a process through which children subject to this
29	29		compact are placed in safe and suitable homes in a timely manner.
30	30		B. Facilitate ongoing supervision of a placement, the
31	31		delivery of services, and communication between the states.
32	32		C. Provide operating procedures that will ensure that
33	33		children are placed in safe and suitable homes in a timely manner.
34	34		D. Provide for the promulgation and enforcement of
35	35		administrative rules implementing the provisions of this compact
36	36		and regulating the covered activities of the member states.
37	37		E. Provide for uniform data collection and information
38	38		sharing between member states under this compact.
39	39		F. Promote coordination between this compact, the
40	40		Interstate Compact for Juveniles, the Interstate Compact on
41	41		Adoption and Medical Assistance and other compacts affecting the
42	42		placement of and which provide services to children otherwise
43	43		subject to this compact.
44	44		G. Provide for a state's continuing legal jurisdiction and
45	45		responsibility for placement and care of a child that it would have
46	46		had if the placement were intrastate.
47	47		H. Provide for the promulgation of guidelines, in
48	48		collaboration with Indian tribes, for interstate cases involving
49	49		Indian children as is or may be permitted by federal law.
50	50		ARTICLE II. DEFINITIONS
51	51		As used in this compact,
52	52		A. "Approved placement" means the public child placing
53	53		agency in the receiving state has determined that the placement is
54	54		both safe and suitable for the child.
55	55		B. "Assessment" means an evaluation of a prospective
56	56		placement by a public child placing agency in the receiving state to
57	57		determine if the placement meets the individualized needs of the
58	58		child, including but not limited to the child's safety and
59	59		stability, health and well-being, and mental, emotional, and
60	60		physical development. An assessment is only applicable to a
61	61		placement by a public child placing agency.
62	62		C. "Child" means an individual who has not attained the age
63	63		of eighteen (18).
64	64		D. "Certification" means to attest, declare or swear to
65	65		before a judge or notary public.
66	66		E. "Default" means the failure of a member state to perform
67	67		the obligations or responsibilities imposed upon it by this
68	68		compact, the bylaws or rules of the Interstate Commission.
69	69		F. "Home Study" means an evaluation of a home environment
70	70		conducted in accordance with the applicable requirements of the
71	71		state in which the home is located, and documents the preparation
72	72		and the suitability of the placement resource for placement of a
73	73		child in accordance with the laws and requirements of the state in
74	74		which the home is located.
75	75		G. "Indian tribe" means any Indian tribe, band, nation, or
76	76		other organized group or community of Indians recognized as
77	77		eligible for services provided to Indians by the Secretary of the
78	78		Interior because of their status as Indians, including any Alaskan
79	79		native village as defined in section 3 (c) of the Alaska Native
80	80		Claims settlement Act at 43 USC §1602(c).
81	81		H. "Interstate Commission for the Placement of Children"
82	82		means the commission that is created under Article VIII of this
83	83		compact and which is generally referred to as the Interstate
84	84		Commission.
85	85		I. "Jurisdiction" means the power and authority of a court
86	86		to hear and decide matters.
87	87		J. "Legal Risk Placement" ("Legal Risk Adoption") means a
88	88		placement made preliminary to an adoption where the prospective
89	89		adoptive parents acknowledge in writing that a child can be ordered
90	90		returned to the sending state or the birth mother's state of
91	91		residence, if different from the sending state, and a final decree
92	92		of adoption shall not be entered in any jurisdiction until all
93	93		required consents are obtained or are dispensed with in accordance
94	94		with applicable law.
95	95		K. "Member state" means a state that has enacted this
96	96		compact.
97	97		L. "Non-custodial parent" means a person who, at the time of
98	98		the commencement of court proceedings in the sending state, does
99	99		not have sole legal custody of the child or has joint legal custody
100	100		of a child, and who is not the subject of allegations or findings of
101	101		child abuse or neglect.
102	102		M. "Non-member state" means a state which has not enacted
103	103		this compact.
104	104		N. "Notice of residential placement" means information
105	105		regarding a placement into a residential facility provided to the
106	106		receiving state including, but not limited to the name, date and
107	107		place of birth of the child, the identity and address of the parent
108	108		or legal guardian, evidence of authority to make the placement, and
109	109		the name and address of the facility in which the child will be
110	110		placed. Notice of residential placement shall also include
111	111		information regarding a discharge and any unauthorized absence from
112	112		the facility.
113	113		O. "Placement" means the act by a public or private child
114	114		placing agency intended to arrange for the care or custody of a
115	115		child in another state.
116	116		P. "Private child placing agency" means any private
117	117		corporation, agency, foundation, institution, or charitable
118	118		organization, or any private person or attorney that facilitates,
119	119		causes, or is involved in the placement of a child from one state to
120	120		another and that is not an instrumentality of the state or acting
121	121		under color of state law.
122	122		Q. "Provisional placement" means a determination made by
123	123		the public child placing agency in the receiving state that the
124	124		proposed placement is safe and suitable, and, to the extent
125	125		allowable, the receiving state has temporarily waived its standards
126	126		or requirements otherwise applicable to prospective foster or
127	127		adoptive parents so as to not delay the placement. Completion of
128	128		the receiving state requirements regarding training for
129	129		prospective foster or adoptive parents shall not delay an otherwise
130	130		safe and suitable placement.
131	131		R. "Public child placing agency" means any government child
132	132		welfare agency or child protection agency or a private entity under
133	133		contract with such an agency, regardless of whether they act on
134	134		behalf of a state, county, municipality or other governmental unit
135	135		and which facilitates, causes, or is involved in the placement of a
136	136		child from one state to another.
137	137		S. "Receiving state" means the state to which a child is
138	138		sent, brought, or caused to be sent or brought.
139	139		T. "Relative" means someone who is related to the child as a
140	140		parent, step- parent, sibling by half or whole blood or by adoption,
141	141		grandparent, aunt, uncle, or first cousin or a non-relative with
142	142		such significant ties to the child that they may be regarded as
143	143		relatives as determined by the court in the sending state.
144	144		U. "Residential Facility" means a facility providing a
145	145		level of care that is sufficient to substitute for parental
146	146		responsibility or foster care, and is beyond what is needed for
147	147		assessment or treatment of an acute condition. For purposes of the
148	148		compact, residential facilities do not include institutions
149	149		primarily educational in character, hospitals or other medical
150	150		facilities.
151	151		V. "Rule" means a written directive, mandate, standard or
152	152		principle issued by the Interstate Commission promulgated pursuant
153	153		to Article XI of this compact that is of general applicability and
154	154		that implements, interprets or prescribes a policy or provision of
155	155		the compact. "Rule" has the force and effect of an administrative
156	156		rule in a member state, and includes the amendment, repeal, or
157	157		suspension of an existing rule.
158	158		W. "Sending state" means the state from which the placement
159	159		of a child is initiated.
160	160		X. "Service member's permanent duty station" means the
161	161		military installation where an active duty Armed Services member is
162	162		currently assigned and is physically located under competent orders
163	163		that do not specify the duty as temporary.
164	164		Y. "Service member's state of legal residence" means the
165	165		state in which the active duty Armed Services member is considered a
166	166		resident for tax and voting purposes.
167	167		Z. "State" means a state of the United States, the District
168	168		of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
169	169		Islands, Guam, American Samoa, the Northern Marianas Islands and
170	170		any other territory of the United States.
171	171		AA. "State court" means a judicial body of a state that is
172	172		vested by law with responsibility for adjudicating cases involving
173	173		abuse, neglect, deprivation, delinquency or status offenses of
174	174		individuals who have not attained the age of eighteen (18).
175	175		BB. "Supervision" means monitoring provided by the
176	176		receiving state once a child has been placed in a receiving state
177	177		pursuant to this compact.
178	178		ARTICLE III. APPLICABILITY
179	179		A. Except as otherwise provided in Article III, Section B,
180	180		this compact shall apply to:
181	181		1. The interstate placement of a child subject to
182	182		ongoing court jurisdiction in the sending state, due to allegations
183	183		or findings that the child has been abused, neglected, or deprived
184	184		as defined by the laws of the sending state, provided, however, that
185	185		the placement of such a child into a residential facility shall only
186	186		require notice of residential placement to the receiving state
187	187		prior to placement.
188	188		2. The interstate placement of a child adjudicated
189	189		delinquent or unmanageable based on the laws of the sending state
190	190		and subject to ongoing court jurisdiction of the sending state if:
191	191		a. the child is being placed in a residential
192	192		facility in another member state and is not covered under another
193	193		compact; or
194	194		b. the child is being placed in another member
195	195		state and the determination of safety and suitability of the
196	196		placement and services required is not provided through another
197	197		compact.
198	198		3. The interstate placement of any child by a public
199	199		child placing agency or private child placing agency as defined in
200	200		this compact as a preliminary step to a possible adoption.
201	201		B. The provisions of this compact shall not apply to:
202	202		1. The interstate placement of a child in a custody
203	203		proceeding in which a public child placing agency is not a party,
204	204		provided, the placement is not intended to effectuate an adoption.
205	205		2. The interstate placement of a child with a
206	206		non-relative in a receiving state by a parent with the legal
207	207		authority to make such a placement provided, however, that the
208	208		placement is not intended to effectuate an adoption.
209	209		3. The interstate placement of a child by one relative
210	210		with the lawful authority to make such a placement directly with a
211	211		relative in a receiving state.
212	212		4. The placement of a child, not subject to Article
213	213		III, Section A, into a residential facility by his parent.
214	214		5. The placement of a child with a non-custodial
215	215		parent provided that:
216	216		a. The non-custodial parent proves to the
217	217		satisfaction of a court in the sending state a substantial
218	218		relationship with the child; and
219	219		b. The court in the sending state makes a written
220	220		finding that placement with the non-custodial parent is in the best
221	221		interests of the child; and
222	222		c. The court in the sending state dismisses its
223	223		jurisdiction in interstate placements in which the public child
224	224		placing agency is a party to the proceeding.
225	225		6. A child entering the United States from a foreign
226	226		country for the purpose of adoption or leaving the United States to
227	227		go to a foreign country for the purpose of adoption in that country.
228	228		7. Cases in which a U.S. citizen child living overseas
229	229		with his family, at least one of whom is in the U.S. Armed Services,
230	230		and who is stationed overseas, is removed and placed in a state.
231	231		8. The sending of a child by a public child placing
232	232		agency or a private child placing agency for a visit as defined by
233	233		the rules of the Interstate Commission.
234	234		C. For purposes of determining the applicability of this
235	235		compact to the placement of a child with a family in the Armed
236	236		Services, the public child placing agency or private child placing
237	237		agency may choose the state of the service member's permanent duty
238	238		station or the service member's declared legal residence.
239	239		D. Nothing in this compact shall be construed to prohibit
240	240		the concurrent application of the provisions of this compact with
241	241		other applicable interstate compacts including the Interstate
242	242		Compact for Juveniles and the Interstate Compact on Adoption and
243	243		Medical Assistance. The Interstate Commission may in cooperation
244	244		with other interstate compact commissions having responsibility
245	245		for the interstate movement, placement or transfer of children,
246	246		promulgate like rules to ensure the coordination of services,
247	247		timely placement of children, and the reduction of unnecessary or
248	248		duplicative administrative or procedural requirements.
249	249		ARTICLE IV. JURISDICTION
250	250		A. Except as provided in Article IV, Section H and Article
251	251		V, Section B, paragraph two and three concerning private and
252	252		independent adoptions, and in interstate placements in which the
253	253		public child placing agency is not a party to a custody proceeding,
254	254		the sending state shall retain jurisdiction over a child with
255	255		respect to all matters of custody and disposition of the child which
256	256		it would have had if the child had remained in the sending state.
257	257		Such jurisdiction shall also include the power to order the return
258	258		of the child to the sending state.
259	259		B. When an issue of child protection or custody is brought
260	260		before a court in the receiving state, such court shall confer with
261	261		the court of the sending state to determine the most appropriate
262	262		forum for adjudication.
263	263		C. In cases that are before courts and subject to this
264	264		compact, the taking of testimony for hearings before any judicial
265	265		officer may occur in person or by telephone, audio-video
266	266		conference, or such other means as approved by the rules of the
267	267		Interstate Commission; and Judicial officers may communicate with
268	268		other judicial officers and persons involved in the interstate
269	269		process as may be permitted by their Canons of Judicial Conduct and
270	270		any rules promulgated by the Interstate Commission.
271	271		D. In accordance with its own laws, the court in the sending
272	272		state shall have authority to terminate its jurisdiction if:
273	273		1. The child is reunified with the parent in the
274	274		receiving state who is the subject of allegations or findings of
275	275		abuse or neglect, only with the concurrence of the public child
276	276		placing agency in the receiving state; or
277	277		2. The child is adopted; or
278	278		3. The child reaches the age of majority under the laws
279	279		of the sending state; or
280	280		4. The child achieves legal independence pursuant to
281	281		the laws of the sending state; or
282	282		5. A guardianship is created by a court in the
283	283		receiving state with the concurrence of the court in the sending
284	284		state; or
285	285		6. An Indian tribe has petitioned for and received
286	286		jurisdiction from the court in the sending state; or
287	287		7. The public child placing agency of the sending
288	288		state requests termination and has obtained the concurrence of the
289	289		public child placing agency in the receiving the state.
290	290		E. When a sending state court terminates its jurisdiction,
291	291		the receiving state child placing agency shall be notified.
292	292		F. Nothing in this article shall defeat a claim of
293	293		jurisdiction by a receiving state court sufficient to deal with an
294	294		act of truancy, delinquency, crime or behavior involving a child as
295	295		defined by the laws of the receiving state committed by the child in
296	296		the receiving state which would be a violation of its laws.
297	297		G. Nothing in this article shall limit the receiving state's
298	298		ability to take emergency jurisdiction for the protection of the
299	299		child.
300	300		H. The substantive laws of the state in which an adoption
301	301		will be finalized shall solely govern all issues relating to the
302	302		adoption of the child and the court in which the adoption proceeding
303	303		is filed shall have subject matter jurisdiction regarding all
304	304		substantive issues relating to the adoption, except:
305	305		1. when the child is a ward of another court that
306	306		established jurisdiction over the child prior to the placement; or
307	307		2. when the child is in the legal custody of a public
308	308		agency in the sending state; or
309	309		3. when a court in the sending state has otherwise
310	310		appropriately assumed jurisdiction over the child, prior to the
311	311		submission of the request for approval of placement.
312	312		I. A final decree of adoption shall not be entered in any
313	313		jurisdiction until the placement is authorized as an "approved
314	314		placement" by the public child placing agency in the receiving
315	315		state.
316	316		ARTICLE V. PLACEMENT EVALUATION
317	317		A. Prior to sending, bringing, or causing a child to be sent
318	318		or brought into a receiving state, the public child placing agency
319	319		shall provide a written request for assessment to the receiving
320	320		state.
321	321		B. For placements by a private child placing agency, a child
322	322		may be sent or brought, or caused to be sent or brought, into a
323	323		receiving state, upon receipt and immediate review of the required
324	324		content in a request for approval of a placement in both the sending
325	325		and receiving state public child placing agency. The required
326	326		content to accompany a request for approval shall include all of the
327	327		following:
328	328		1. A request for approval identifying the child, birth
329	329		parent(s), the prospective adoptive parent(s), and the supervising
330	330		agency, signed by the person requesting approval; and
331	331		2. The appropriate consents or relinquishments signed
332	332		by the birth parents in accordance with the laws of the sending
333	333		state, or where permitted the laws of the state where the adoption
334	334		will be finalized; and
335	335		3. Certification by a licensed attorney or authorized
336	336		agent of a private adoption agency that the consent or
337	337		relinquishment is in compliance with the applicable laws of the
338	338		sending state, or where permitted the laws of the state where
339	339		finalization of the adoption will occur; and
340	340		4. A home study; and
341	341		5. An acknowledgment of legal risk signed by the
342	342		prospective adoptive parents.
343	343		C. The sending state and the receiving state may request
344	344		additional information or documents prior to finalization of an
345	345		approved placement, but they may not delay travel by the
346	346		prospective adoptive parents with the child if the required content
347	347		for approval has been submitted, received and reviewed by the
348	348		public child placing agency in both the sending state and the
349	349		receiving state.
350	350		D. Approval from the public child placing agency in the
351	351		receiving state for a provisional or approved placement is required
352	352		as provided for in the rules of the Interstate Commission.
353	353		E. The procedures for making and the request for an
354	354		assessment shall contain all information and be in such form as
355	355		provided for in the rules of the Interstate Commission.
356	356		F. Upon receipt of a request from the public child placing
357	357		agency of the sending state, the receiving state shall initiate an
358	358		assessment of the proposed placement to determine its safety and
359	359		suitability. If the proposed placement is a placement with a
360	360		relative, the public child placing agency of the sending state may
361	361		request a determination for a provisional placement.
362	362		G. The public child placing agency in the receiving state
363	363		may request from the public child placing agency or the private
364	364		child placing agency in the sending state, and shall be entitled to
365	365		receive supporting or additional information necessary to complete
366	366		the assessment or approve the placement.
367	367		H. The public child placing agency in the receiving state
368	368		shall approve a provisional placement and complete or arrange for
369	369		the completion of the assessment within the timeframes established
370	370		by the rules of the Interstate Commission.
371	371		I. For a placement by a private child placing agency, the
372	372		sending state shall not impose any additional requirements to
373	373		complete the home study that are not required by the receiving
374	374		state, unless the adoption is finalized in the sending state.
375	375		J. The Interstate Commission may develop uniform standards
376	376		for the assessment of the safety and suitability of interstate
377	377		placements.
378	378		ARTICLE VI. PLACEMENT AUTHORITY
379	379		A. Except as otherwise provided in this Compact, no child
380	380		subject to this compact shall be placed into a receiving state until
381	381		approval for such placement is obtained.
382	382		B. If the public child placing agency in the receiving state
383	383		does not approve the proposed placement then the child shall not be
384	384		placed. The receiving state shall provide written documentation of
385	385		any such determination in accordance with the rules promulgated by
386	386		the Interstate Commission. Such determination is not subject to
387	387		judicial review in the sending state.
388	388		C. If the proposed placement is not approved, any interested
389	389		party shall have standing to seek an administrative review of the
390	390		receiving state's determination.
391	391		1. The administrative review and any further judicial
392	392		review associated with the determination shall be conducted in the
393	393		receiving state pursuant to its applicable Administrative
394	394		Procedures Act.
395	395		2. If a determination not to approve the placement of
396	396		the child in the receiving state is overturned upon review, the
397	397		placement shall be deemed approved, provided however that all
398	398		administrative or judicial remedies have been exhausted or the time
399	399		for such remedies has passed.
400	400		ARTICLE VII. PLACING AGENCY RESPONSIBILITY
401	401		A. For the interstate placement of a child made by a public
402	402		child placing agency or state court:
403	403		1. The public child placing agency in the sending
404	404		state shall have financial responsibility for:
405	405		a. the ongoing support and maintenance for the
406	406		child during the period of the placement, unless otherwise provided
407	407		for in the receiving state; and
408	408		b. as determined by the public child placing
409	409		agency in the sending state, services for the child beyond the
410	410		public services for which the child is eligible in the receiving
411	411		state.
412	412		2. The receiving state shall only have financial
413	413		responsibility for:
414	414		a. any assessment conducted by the receiving
415	415		state; and
416	416		b. supervision conducted by the receiving state
417	417		at the level necessary to support the placement as agreed upon by
418	418		the public child placing agencies of the receiving and sending
419	419		state.
420	420		3. Nothing in this provision shall prohibit public
421	421		child placing agencies in the sending state from entering into
422	422		agreements with licensed agencies or persons in the receiving state
423	423		to conduct assessments and provide supervision.
424	424		B. For the placement of a child by a private child placing
425	425		agency preliminary to a possible adoption, the private child
426	426		placing agency shall be:
427	427		1. Legally responsible for the child during the period
428	428		of placement as provided for in the law of the sending state until
429	429		the finalization of the adoption.
430	430		2. Financially responsible for the child absent a
431	431		contractual agreement to the contrary.
432	432		C. The public child placing agency in the receiving state
433	433		shall provide timely assessments, as provided for in the rules of
434	434		the Interstate Commission.
435	435		D. The public child placing agency in the receiving state
436	436		shall provide, or arrange for the provision of, supervision and
437	437		services for the child, including timely reports, during the period
438	438		of the placement.
439	439		E. Nothing in this compact shall be construed as to limit
440	440		the authority of the public child placing agency in the receiving
441	441		state from contracting with a licensed agency or person in the
442	442		receiving state for an assessment or the provision of supervision
443	443		or services for the child or otherwise authorizing the provision of
444	444		supervision or services by a licensed agency during the period of
445	445		placement.
446	446		F. Each member state shall provide for coordination among
447	447		its branches of government concerning the state's participation in,
448	448		and compliance with, the compact and Interstate Commission
449	449		activities, through the creation of an advisory council or use of an
450	450		existing body or board.
451	451		G. Each member state shall establish a central state compact
452	452		office, which shall be responsible for state compliance with the
453	453		compact and the rules of the Interstate Commission.
454	454		H. The public child placing agency in the sending state
455	455		shall oversee compliance with the provisions of the Indian Child
456	456		Welfare Act (25 USC 1901 et seq.) for placements subject to the
457	457		provisions of this compact, prior to placement.
458	458		I. With the consent of the Interstate Commission, states may
459	459		enter into limited agreements that facilitate the timely assessment
460	460		and provision of services and supervision of placements under this
461	461		compact.
462	462		ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
463	463		The member states hereby establish, by way of this compact, a
464	464		commission known as the "Interstate Commission for the Placement of
465	465		Children." The activities of the Interstate Commission are the
466	466		formation of public policy and are a discretionary state function.
467	467		The Interstate Commission shall:
468	468		A. Be a joint commission of the member states and shall have
469	469		the responsibilities, powers and duties set forth herein, and such
470	470		additional powers as may be conferred upon it by subsequent
471	471		concurrent action of the respective legislatures of the member
472	472		states.
473	473		B. Consist of one commissioner from each member state who
474	474		shall be appointed by the executive head of the state human services
475	475		administration with ultimate responsibility for the child welfare
476	476		program. The appointed commissioner shall have the legal authority
477	477		to vote on policy related matters governed by this compact binding
478	478		the state.
479	479		1. Each member state represented at a meeting of the
480	480		Interstate Commission is entitled to one vote.
481	481		2. A majority of the member states shall constitute a
482	482		quorum for the transaction of business, unless a larger quorum is
483	483		required by the bylaws of the Interstate Commission.
484	484		3. A representative shall not delegate a vote to
485	485		another member state.
486	486		4. A representative may delegate voting authority to
487	487		another person from their state for a specified meeting.
488	488		C. In addition to the commissioners of each member state,
489	489		the Interstate Commission shall include persons who are members of
490	490		interested organizations as defined in the bylaws or rules of the
491	491		Interstate Commission. Such members shall be ex officio and shall
492	492		not be entitled to vote on any matter before the Interstate
493	493		Commission.
494	494		D. Establish an executive committee which shall have the
495	495		authority to administer the day-to-day operations and
496	496		administration of the Interstate Commission. It shall not have the
497	497		power to engage in rulemaking.
498	498		ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
499	499		The Interstate Commission shall have the following powers:
500	500		A. To promulgate rules and take all necessary actions to
501	501		effect the goals, purposes and obligations as enumerated in this
502	502		compact.
503	503		B. To provide for dispute resolution among member states.
504	504		C. To issue, upon request of a member state, advisory
505	505		opinions concerning the meaning or interpretation of the interstate
506	506		compact, its bylaws, rules or actions.
507	507		D. To enforce compliance with this compact or the bylaws or
508	508		rules of the Interstate Commission pursuant to Article XII.
509	509		E. Collect standardized data concerning the interstate
510	510		placement of children subject to this compact as directed through
511	511		its rules which shall specify the data to be collected, the means of
512	512		collection and data exchange and reporting requirements.
513	513		F. To establish and maintain offices as may be necessary for
514	514		the transacting of its business.
515	515		G. To purchase and maintain insurance and bonds.
516	516		H. To hire or contract for services of personnel or
517	517		consultants as necessary to carry out its functions under the
518	518		compact and establish personnel qualification policies, and rates
519	519		of compensation.
520	520		I. To establish and appoint committees and officers
521	521		including, but not limited to, an executive committee as required
522	522		by Article X.
523	523		J. To accept any and all donations and grants of money,
524	524		equipment, supplies, materials, and services, and to receive,
525	525		utilize, and dispose thereof.
526	526		K. To lease, purchase, accept contributions or donations
527	527		of, or otherwise to own, hold, improve or use any property, real,
528	528		personal, or mixed.
529	529		L. To sell, convey, mortgage, pledge, lease, exchange,
530	530		abandon, or otherwise dispose of any property, real, personal or
531	531		mixed.
532	532		M. To establish a budget and make expenditures.
533	533		N. To adopt a seal and bylaws governing the management and
534	534		operation of the Interstate Commission.
535	535		O. To report annually to the legislatures, governors, the
536	536		judiciary, and state advisory councils of the member states
537	537		concerning the activities of the Interstate Commission during the
538	538		preceding year. Such reports shall also include any
539	539		recommendations that may have been adopted by the Interstate
540	540		Commission.
541	541		P. To coordinate and provide education, training and public
542	542		awareness regarding the interstate movement of children for
543	543		officials involved in such activity.
544	544		Q. To maintain books and records in accordance with the
545	545		bylaws of the Interstate Commission.
546	546		R. To perform such functions as may be necessary or
547	547		appropriate to achieve the purposes of this compact.
548	548		ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
549	549		A. Bylaws
550	550		1. Within 12 months after the first Interstate
551	551		Commission meeting, the Interstate Commission shall adopt bylaws to
552	552		govern its conduct as may be necessary or appropriate to carry out
553	553		the purposes of the compact.
554	554		2. The Interstate Commission's bylaws and rules shall
555	555		establish conditions and procedures under which the Interstate
556	556		Commission shall make its information and official records
557	557		available to the public for inspection or copying. The Interstate
558	558		Commission may exempt from disclosure information or official
559	559		records to the extent they would adversely affect personal privacy
560	560		rights or proprietary interests.
561	561		B. Meetings
562	562		1. The Interstate Commission shall meet at least once
563	563		each calendar year. The chairperson may call additional meetings
564	564		and, upon the request of a simple majority of the member states
565	565		shall call additional meetings.
566	566		2. Public notice shall be given by the Interstate
567	567		Commission of all meetings and all meetings shall be open to the
568	568		public, except as set forth in the rules or as otherwise provided in
569	569		the compact. The Interstate Commission and its committees may
570	570		close a meeting, or portion thereof, where it determines by
571	571		two-thirds vote that an open meeting would be likely to:
572	572		a. relate solely to the Interstate Commission's
573	573		internal personnel practices and procedures; or
574	574		b. disclose matters specifically exempted from
575	575		disclosure by federal law; or
576	576		c. disclose financial or commercial information
577	577		which is privileged, proprietary or confidential in nature; or
578	578		d. involve accusing a person of a crime, or
579	579		formally censuring a person; or
580	580		e. disclose information of a personal nature
581	581		where disclosure would constitute a clearly unwarranted invasion of
582	582		personal privacy or physically endanger one or more persons; or
583	583		f. disclose investigative records compiled for
584	584		law enforcement purposes; or
585	585		g. specifically relate to the Interstate
586	586		Commission's participation in a civil action or other legal
587	587		proceeding.
588	588		3. For a meeting, or portion of a meeting, closed
589	589		pursuant to this provision, the Interstate Commission's legal
590	590		counsel or designee shall certify that the meeting may be closed and
591	591		shall reference each relevant exemption provision. The Interstate
592	592		Commission shall keep minutes which shall fully and clearly
593	593		describe all matters discussed in a meeting and shall provide a full
594	594		and accurate summary of actions taken, and the reasons therefore,
595	595		including a description of the views expressed and the record of a
596	596		roll call vote. All documents considered in connection with an
597	597		action shall be identified in such minutes. All minutes and
598	598		documents of a closed meeting shall remain under seal, subject to
599	599		release by a majority vote of the Interstate Commission or by court
600	600		order.
601	601		4. The bylaws may provide for meetings of the
602	602		Interstate Commission to be conducted by telecommunication or other
603	603		electronic communication.
604	604		C. Officers and Staff
605	605		1. The Interstate Commission may, through its
606	606		executive committee, appoint or retain a staff director for such
607	607		period, upon such terms and conditions and for such compensation as
608	608		the Interstate Commission may deem appropriate. The staff director
609	609		shall serve as secretary to the Interstate Commission, but shall
610	610		not have a vote. The staff director may hire and supervise such
611	611		other staff as may be authorized by the Interstate Commission.
612	612		2. The Interstate Commission shall elect, from among
613	613		its members, a chairperson and a vice chairperson of the executive
614	614		committee and other necessary officers, each of whom shall have
615	615		such authority and duties as may be specified in the bylaws.
616	616		D. Qualified Immunity, Defense and Indemnification
617	617		1. The Interstate Commission's staff director and its
618	618		employees shall be immune from suit and liability, either
619	619		personally or in their official capacity, for a claim for damage to
620	620		or loss of property or personal injury or other civil liability
621	621		caused or arising out of or relating to an actual or alleged act,
622	622		error, or omission that occurred, or that such person had a
623	623		reasonable basis for believing occurred within the scope of
624	624		Commission employment, duties, or responsibilities; provided, that
625	625		such person shall not be protected from suit or liability for
626	626		damage, loss, injury, or liability caused by a criminal act or the
627	627		intentional or willful and wanton misconduct of such person.
628	628		a. The liability of the Interstate Commission's
629	629		staff director and employees or Interstate Commission
630	630		representatives, acting within the scope of such person's
631	631		employment or duties for acts, errors, or omissions occurring
632	632		within such person's state may not exceed the limits of liability
633	633		set forth under the Constitution and laws of that state for state
634	634		officials, employees, and agents. The Interstate Commission is
635	635		considered to be an instrumentality of the states for the purposes
636	636		of any such action. Nothing in this subsection shall be construed
637	637		to protect such person from suit or liability for damage, loss,
638	638		injury, or liability caused by a criminal act or the intentional or
639	639		willful and wanton misconduct of such person.
640	640		b. The Interstate Commission shall defend the
641	641		staff director and its employees and, subject to the approval of the
642	642		Attorney General or other appropriate legal counsel of the member
643	643		state shall defend the commissioner of a member state in a civil
644	644		action seeking to impose liability arising out of an actual or
645	645		alleged act, error or omission that occurred within the scope of
646	646		Interstate Commission employment, duties or responsibilities, or
647	647		that the defendant had a reasonable basis for believing occurred
648	648		within the scope of Interstate Commission employment, duties, or
649	649		responsibilities, provided that the actual or alleged act, error,
650	650		or omission did not result from intentional or willful and wanton
651	651		misconduct on the part of such person.
652	652		c. To the extent not covered by the state
653	653		involved, member state, or the Interstate Commission, the
654	654		representatives or employees of the Interstate Commission shall be
655	655		held harmless in the amount of a settlement or judgment, including
656	656		attorney's fees and costs, obtained against such persons arising
657	657		out of an actual or alleged act, error, or omission that occurred
658	658		within the scope of Interstate Commission employment, duties, or
659	659		responsibilities, or that such persons had a reasonable basis for
660	660		believing occurred within the scope of Interstate Commission
661	661		employment, duties, or responsibilities, provided that the actual
662	662		or alleged act, error, or omission did not result from intentional
663	663		or willful and wanton misconduct on the part of such persons.
664	664		ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
665	665		A. The Interstate Commission shall promulgate and publish
666	666		rules in order to effectively and efficiently achieve the purposes
667	667		of the compact.
668	668		B. Rulemaking shall occur pursuant to the criteria set forth
669	669		in this article and the bylaws and rules adopted pursuant thereto.
670	670		Such rulemaking shall substantially conform to the principles of
671	671		the "Model State Administrative Procedures Act," 1981 Act, Uniform
672	672		Laws Annotated, Vol. 15, p.1 (2000), or such other administrative
673	673		procedure acts as the Interstate Commission deems appropriate
674	674		consistent with due process requirements under the United States
675	675		Constitution as now or hereafter interpreted by the U. S. Supreme
676	676		Court. All rules and amendments shall become binding as of the date
677	677		specified, as published with the final version of the rule as
678	678		approved by the Interstate Commission.
679	679		C. When promulgating a rule, the Interstate Commission
680	680		shall, at a minimum:
681	681		1. Publish the proposed rule's entire text stating the
682	682		reason(s) for that proposed rule; and
683	683		2. Allow and invite any and all persons to submit
684	684		written data, facts, opinions and arguments, which information
685	685		shall be added to the record, and be made publicly available; and
686	686		3. Promulgate a final rule and its effective date, if
687	687		appropriate, based on input from state or local officials, or
688	688		interested parties.
689	689		D. Rules promulgated by the Interstate Commission shall
690	690		have the force and effect of administrative rules and shall be
691	691		binding in the compacting states to the extent and in the manner
692	692		provided for in this compact.
693	693		E. Not later than 60 days after a rule is promulgated, an
694	694		interested person may file a petition in the U.S. District Court for
695	695		the District of Columbia or in the Federal District Court where the
696	696		Interstate Commission's principal office is located for judicial
697	697		review of such rule. If the court finds that the Interstate
698	698		Commission's action is not supported by substantial evidence in the
699	699		rulemaking record, the court shall hold the rule unlawful and set it
700	700		aside.
701	701		F. If a majority of the legislatures of the member states
702	702		rejects a rule, those states may by enactment of a statute or
703	703		resolution in the same manner used to adopt the compact cause that
704	704		such rule shall have no further force and effect in any member
705	705		state.
706	706		G. The existing rules governing the operation of the
707	707		Interstate Compact on the Placement of Children superseded by this
708	708		act shall be null and void no less than 12, but no more than 24
709	709		months after the first meeting of the Interstate Commission created
710	710		hereunder, as determined by the members during the first meeting.
711	711		H. Within the first 12 months of operation, the Interstate
712	712		Commission shall promulgate rules addressing the following:
713	713		1. Transition rules
714	714		2. Forms and procedures
715	715		3. Time lines
716	716		4. Data collection and reporting
717	717		5. Rulemaking
718	718		6. Visitation
719	719		7. Progress reports/supervision
720	720		8. Sharing of information/confidentiality
721	721		9. Financing of the Interstate Commission
722	722		10. Mediation, arbitration and dispute resolution
723	723		11. Education, training and technical assistance
724	724		12. Enforcement
725	725		13. Coordination with other interstate compacts
726	726		I. Upon determination by a majority of the members of the
727	727		Interstate Commission that an emergency exists:
728	728		1. The Interstate Commission may promulgate an
729	729		emergency rule only if it is required to:
730	730		a. Protect the children covered by this compact
731	731		from an imminent threat to their health, safety and well-being; or
732	732		b. Prevent loss of federal or state funds; or
733	733		c. Meet a deadline for the promulgation of an
734	734		administrative rule required by federal law.
735	735		2. An emergency rule shall become effective
736	736		immediately upon adoption, provided that the usual rulemaking
737	737		procedures provided hereunder shall be retroactively applied to
738	738		said rule as soon as reasonably possible, but no later than 90 days
739	739		after the effective date of the emergency rule.
740	740		3. An emergency rule shall be promulgated as provided
741	741		for in the rules of the Interstate Commission.
742	742		ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
743	743		A. Oversight
744	744		1. The Interstate Commission shall oversee the
745	745		administration and operation of the compact.
746	746		2. The executive, legislative and judicial branches of
747	747		state government in each member state shall enforce this compact
748	748		and the rules of the Interstate Commission and shall take all
749	749		actions necessary and appropriate to effectuate the compact's
750	750		purposes and intent. The compact and its rules shall be binding in
751	751		the compacting states to the extent and in the manner provided for
752	752		in this compact.
753	753		3. All courts shall take judicial notice of the
754	754		compact and the rules in any judicial or administrative proceeding
755	755		in a member state pertaining to the subject matter of this compact.
756	756		4. The Interstate Commission shall be entitled to
757	757		receive service of process in any action in which the validity of a
758	758		compact provision or rule is the issue for which a judicial
759	759		determination has been sought and shall have standing to intervene
760	760		in any proceedings. Failure to provide service of process to the
761	761		Interstate Commission shall render any judgment, order or other
762	762		determination, however so captioned or classified, void as to the
763	763		Interstate Commission, this compact, its bylaws or rules of the
764	764		Interstate Commission.
765	765		B. Dispute Resolution
766	766		1. The Interstate Commission shall attempt, upon the
767	767		request of a member state, to resolve disputes which are subject to
768	768		the compact and which may arise among member states and between
769	769		member and non-member states.
770	770		2. The Interstate Commission shall promulgate a rule
771	771		providing for both mediation and binding dispute resolution for
772	772		disputes among compacting states. The costs of such mediation or
773	773		dispute resolution shall be the responsibility of the parties to
774	774		the dispute.
775	775		C. Enforcement
776	776		1. If the Interstate Commission determines that a
777	777		member state has defaulted in the performance of its obligations or
778	778		responsibilities under this compact, its bylaws or rules, the
779	779		Interstate Commission may:
780	780		a. Provide remedial training and specific
781	781		technical assistance; or
782	782		b. Provide written notice to the defaulting state
783	783		and other member states, of the nature of the default and the means
784	784		of curing the default. The Interstate Commission shall specify the
785	785		conditions by which the defaulting state must cure its default; or
786	786		c. By majority vote of the members, initiate
787	787		against a defaulting member state legal action in the United State
788	788		District Court for the District of Columbia or, at the discretion of
789	789		the Interstate Commission, in the federal district where the
790	790		Interstate Commission has its principal office, to enforce
791	791		compliance with the provisions of the compact, its bylaws or rules.
792	792		The relief sought may include both injunctive relief and damages.
793	793		In the event judicial enforcement is necessary the prevailing party
794	794		shall be awarded all costs of such litigation including reasonable
795	795		attorney's fees; or
796	796		d. Avail itself of any other remedies available
797	797		under state law or the regulation of official or professional
798	798		conduct.
799	799		ARTICLE XIII. FINANCING OF THE COMMISSION
800	800		A. The Interstate Commission shall pay, or provide for the
801	801		payment of the reasonable expenses of its establishment,
802	802		organization and ongoing activities.
803	803		B. The Interstate Commission may levy on and collect an
804	804		annual assessment from each member state to cover the cost of the
805	805		operations and activities of the Interstate Commission and its
806	806		staff which must be in a total amount sufficient to cover the
807	807		Interstate Commission's annual budget as approved by its members
808	808		each year. The aggregate annual assessment amount shall be
809	809		allocated based upon a formula to be determined by the Interstate
810	810		Commission which shall promulgate a rule binding upon all member
811	811		states.
812	812		C. The Interstate Commission shall not incur obligations of
813	813		any kind prior to securing the funds adequate to meet the same; nor
814	814		shall the Interstate Commission pledge the credit of any of the
815	815		member states, except by and with the authority of the member state.
816	816		D. The Interstate Commission shall keep accurate accounts
817	817		of all receipts and disbursements. The receipts and disbursements
818	818		of the Interstate Commission shall be subject to the audit and
819	819		accounting procedures established under its bylaws. However, all
820	820		receipts and disbursements of funds handled by the Interstate
821	821		Commission shall be audited yearly by a certified or licensed
822	822		public accountant and the report of the audit shall be included in
823	823		and become part of the annual report of the Interstate Commission.
824	824		ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
825	825		A. Any state is eligible to become a member state.
826	826		B. The compact shall become effective and binding upon
827	827		legislative enactment of the compact into law by no less than 35
828	828		states. The effective date shall be the later of July 1, 2007 or
829	829		upon enactment of the compact into law by the 35th state.
830	830		Thereafter it shall become effective and binding as to any other
831	831		member state upon enactment of the compact into law by that state.
832	832		The executive heads of the state human services administration with
833	833		ultimate responsibility for the child welfare program of non-member
834	834		states or their designees shall be invited to participate in the
835	835		activities of the Interstate Commission on a non-voting basis prior
836	836		to adoption of the compact by all states.
837	837		C. The Interstate Commission may propose amendments to the
838	838		compact for enactment by the member states. No amendment shall
839	839		become effective and binding on the member states unless and until
840	840		it is enacted into law by unanimous consent of the member states.
841	841		ARTICLE XV. WITHDRAWAL AND DISSOLUTION
842	842		A. Withdrawal
843	843		1. Once effective, the compact shall continue in force
844	844		and remain binding upon each and every member state; provided that a
845	845		member state may withdraw from the compact specifically repealing
846	846		the statute which enacted the compact into law.
847	847		2. Withdrawal from this compact shall be by the
848	848		enactment of a statute repealing the same. The effective date of
849	849		withdrawal shall be the effective date of the repeal of the statute.
850	850		3. The withdrawing state shall immediately notify the
851	851		president of the Interstate Commission in writing upon the
852	852		introduction of legislation repealing this compact in the
853	853		withdrawing state. The Interstate Commission shall then notify the
854	854		other member states of the withdrawing state's intent to withdraw.
855	855		4. The withdrawing state is responsible for all
856	856		assessments, obligations and liabilities incurred through the
857	857		effective date of withdrawal.
858	858		5. Reinstatement following withdrawal of a member
859	859		state shall occur upon the withdrawing state reenacting the compact
860	860		or upon such later date as determined by the members of the
861	861		Interstate Commission.
862	862		B. Dissolution of Compact
863	863		1. This compact shall dissolve effective upon the date
864	864		of the withdrawal or default of the member state which reduces the
865	865		membership in the compact to one member state.
866	866		2. Upon the dissolution of this compact, the compact
867	867		becomes null and void and shall be of no further force or effect,
868	868		and the business and affairs of the Interstate Commission shall be
869	869		concluded and surplus funds shall be distributed in accordance with
870	870		the bylaws.
871	871		ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
872	872		A. The provisions of this compact shall be severable, and if
873	873		any phrase, clause, sentence or provision is deemed unenforceable,
874	874		the remaining provisions of the compact shall be enforceable.
875	875		B. The provisions of this compact shall be liberally
876	876		construed to effectuate its purposes.
877	877		C. Nothing in this compact shall be construed to prohibit
878	878		the concurrent applicability of other interstate compacts to which
879	879		the states are members.
880	880		ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
881	881		A. Other Laws
882	882		1. Nothing herein prevents the enforcement of any
883	883		other law of a member state that is not inconsistent with this
884	884		compact.
885	885		B. Binding Effect of the Compact
886	886		1. All lawful actions of the Interstate Commission,
887	887		including all rules and bylaws promulgated by the Interstate
888	888		Commission, are binding upon the member states.
889	889		2. All agreements between the Interstate Commission
890	890		and the member states are binding in accordance with their terms.
891	891		3. In the event any provision of this compact exceeds
892	892		the constitutional limits imposed on the legislature of any member
893	893		state, such provision shall be ineffective to the extent of the
894	894		conflict with the constitutional provision in question in that
895	895		member state.
896	896		ARTICLE XVIII. INDIAN TRIBES
897	897		Notwithstanding any other provision in this compact, the
898	898		Interstate Commission may promulgate guidelines to permit Indian
899	899		tribes to utilize the compact to achieve any or all of the purposes
900	900		of the compact as specified in Article I. The Interstate Commission
901	901		shall make reasonable efforts to consult with Indian tribes in
902	902		promulgating guidelines to reflect the diverse circumstances of the
903	903		various Indian tribes.
904	904		ARTICLE 2. CONFORMING AMENDMENTS
905	905		SECTION 2.01. Section 162.101, Family Code, is amended to
906	906		read as follows:
907	907		Sec. 162.101. DEFINITIONS. In this subchapter:
908	908		(1) "Public child placing agency," ["Appropriate
909	909		public authorities,"] with reference to this state, means the
910	910		commissioner of the Department of Family and Protective Services.
911	911		(2) "Public child placing agency ["Appropriate
912	912		authority] in the receiving state," with reference to this state,
913	913		means the commissioner of the Department of Family and Protective
914	914		Services.
915	915		(3) "Compact" means the Interstate Compact for [on]
916	916		the Placement of Children.
917	917		(4) "Executive head of the state human services
918	918		administration," with reference to this state, means the governor.
919	919		SECTION 2.02. Section 162.103(a), Family Code, is amended
920	920		to read as follows:
921	921		(a) Financial responsibility for a child placed as provided
922	922		in the compact is determined, in the first instance, as provided in
923	923		Article VII [V] of the compact. After partial or complete default
924	924		of performance under the provisions of Article VII [V] assigning
925	925		financial responsibility, the commissioner of the Department of
926	926		Family and Protective Services may bring suit under Chapter 154 and
927	927		may file a complaint with the appropriate prosecuting attorney,
928	928		claiming a violation of Section 25.05, Penal Code.
929	929		SECTION 2.03. Section 162.104, Family Code, is amended to
930	930		read as follows:
931	931		Sec. 162.104. APPROVAL OF PLACEMENT. The commissioner of
932	932		the Department of Family and Protective Services may not approve
933	933		the placement of a child in this state without the concurrence of
934	934		the individuals with whom the child is proposed to be placed or the
935	935		head of a residential facility [an institution] with which the
936	936		child is proposed to be placed.
937	937		SECTION 2.04. Section 162.105, Family Code, is amended to
938	938		read as follows:
939	939		Sec. 162.105. PLACEMENT IN ANOTHER STATE. A juvenile court
940	940		may place a delinquent child in a residential facility [an
941	941		institution] in another state as provided by Article III [VI] of the
942	942		compact. After placement in another state, the court retains
943	943		jurisdiction of the child as provided by Article VII [V] of the
944	944		compact.
945	945		SECTION 2.05. The heading to Section 162.107, Family Code,
946	946		is amended to read as follows:
947	947		Sec. 162.107. OFFENSE [OFFENSES]; PENALTY [PENALTIES].
948	948		SECTION 2.06. The following provisions of the Family Code
949	949		are repealed:
950	950		(1) Section 162.102; and
951	951		(2) Section 162.107(b).
952	952		ARTICLE 3. EFFECTIVE DATE
953	953		SECTION 3.01. (a) Except as provided by Subsection (b) of
954	954		this section, this Act takes effect on the day on which the
955	955		Interstate Compact for the Placement of Children takes effect,
956	956		which according to the terms of the compact is the date on which the
957	957		compact is enacted into law by the 35th state, as defined by the
958	958		compact.
959	959		(b) Article 1 of this Act takes effect on the day on which
960	960		the Interstate Compact for the Placement of Children is enacted
961	961		into law by the 33rd state.