Texas 2025 - 89th Regular

Texas Senate Bill SB1834 Compare Versions

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1	1	89R10289 MM-F
2	2	By: Sparks S.B. No. 1834
3	3
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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	SECTION 1. Section 162.101, Family Code, is amended to read
14	14	as follows:
15	15	Sec. 162.101. DEFINITIONS. In this subchapter:
16	16	(1) "Public child placing agency," ["Appropriate
17	17	public authorities,"] with reference to this state, means the
18	18	commissioner of the Department of Family and Protective Services.
19	19	(2) "Public child placing agency ["Appropriate
20	20	authority] in the receiving state," with reference to this state,
21	21	means the commissioner of the Department of Family and Protective
22	22	Services.
23	23	(3) "Compact" means the Interstate Compact for [on]
24	24	the Placement of Children.
25	25	(4) "Executive head of the state human services
26	26	administration," with reference to this state, means the executive
27	27	commissioner of the Health and Human Services Commission
28	28	[governor].
29	29	SECTION 2. The heading of Subchapter B, Chapter 162, Family
30	30	Code, is amended to read as follows:
31	31	SUBCHAPTER B. INTERSTATE COMPACT FOR [ON] THE PLACEMENT OF
32	32	CHILDREN
33	33	SECTION 3. Subchapter B, Chapter 162, Family Code, is
34	34	amended by adding Section 162.1021 to read as follows:
35	35	Sec. 162.1021. ADOPTION OF COMPACT; TEXT. The Interstate
36	36	Compact for the Placement of Children is adopted by this state and
37	37	entered into with all other jurisdictions in form substantially as
38	38	provided by this subchapter.
39	39	INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
40	40	ARTICLE I. PURPOSE
41	41	The purpose of this Interstate Compact for the Placement of
42	42	Children is to:
43	43	A. Provide a process through which children subject to this
44	44	compact are placed in safe and suitable homes in a timely manner.
45	45	B. Facilitate ongoing supervision of a placement, the
46	46	delivery of services, and communication between the states.
47	47	C. Provide operating procedures that will ensure that
48	48	children are placed in safe and suitable homes in a timely manner.
49	49	D. Provide for the promulgation and enforcement of
50	50	administrative rules implementing the provisions of this compact
51	51	and regulating the covered activities of the member states.
52	52	E. Provide for uniform data collection and information
53	53	sharing between member states under this compact.
54	54	F. Promote coordination between this compact, the
55	55	Interstate Compact for Juveniles, the Interstate Compact on
56	56	Adoption and Medical Assistance and other compacts affecting the
57	57	placement of and which provide services to children otherwise
58	58	subject to this compact.
59	59	G. Provide for a state's continuing legal jurisdiction and
60	60	responsibility for placement and care of a child that it would have
61	61	had if the placement were intrastate.
62	62	H. Provide for the promulgation of guidelines, in
63	63	collaboration with Indian tribes, for interstate cases involving
64	64	Indian children as is or may be permitted by federal law.
65	65	ARTICLE II. DEFINITIONS
66	66	As used in this compact,
67	67	A. "Approved placement" means the public child placing
68	68	agency in the receiving state has determined that the placement is
69	69	both safe and suitable for the child.
70	70	B. "Assessment" means an evaluation of a prospective
71	71	placement by a public child placing agency in the receiving state to
72	72	determine if the placement meets the individualized needs of the
73	73	child, including but not limited to the child's safety and
74	74	stability, health and well-being, and mental, emotional, and
75	75	physical development. An assessment is only applicable to a
76	76	placement by a public child placing agency.
77	77	C. "Child" means an individual who has not attained the age
78	78	of eighteen (18).
79	79	D. "Certification" means to attest, declare or swear to
80	80	before a judge or notary public.
81	81	E. "Default" means the failure of a member state to perform
82	82	the obligations or responsibilities imposed upon it by this
83	83	compact, the bylaws or rules of the Interstate Commission.
84	84	F. "Home Study" means an evaluation of a home environment
85	85	conducted in accordance with the applicable requirements of the
86	86	state in which the home is located, and documents the preparation
87	87	and the suitability of the placement resource for placement of a
88	88	child in accordance with the laws and requirements of the state in
89	89	which the home is located.
90	90	G. "Indian tribe" means any Indian tribe, band, nation, or
91	91	other organized group or community of Indians recognized as
92	92	eligible for services provided to Indians by the Secretary of the
93	93	Interior because of their status as Indians, including any Alaskan
94	94	native village as defined in section 3 (c) of the Alaska Native
95	95	Claims settlement Act at 43 USC §1602(c).
96	96	H. "Interstate Commission for the Placement of Children"
97	97	means the commission that is created under Article VIII of this
98	98	compact and which is generally referred to as the Interstate
99	99	Commission.
100	100	I. "Jurisdiction" means the power and authority of a court
101	101	to hear and decide matters.
102	102	J. "Legal Risk Placement" ("Legal Risk Adoption") means a
103	103	placement made preliminary to an adoption where the prospective
104	104	adoptive parents acknowledge in writing that a child can be ordered
105	105	returned to the sending state or the birth mother's state of
106	106	residence, if different from the sending state, and a final decree
107	107	of adoption shall not be entered in any jurisdiction until all
108	108	required consents are obtained or are dispensed with in accordance
109	109	with applicable law.
110	110	K. "Member state" means a state that has enacted this
111	111	compact.
112	112	L. "Non-custodial parent" means a person who, at the time of
113	113	the commencement of court proceedings in the sending state, does
114	114	not have sole legal custody of the child or has joint legal custody
115	115	of a child, and who is not the subject of allegations or findings of
116	116	child abuse or neglect.
117	117	M. "Non-member state" means a state which has not enacted
118	118	this compact.
119	119	N. "Notice of residential placement" means information
120	120	regarding a placement into a residential facility provided to the
121	121	receiving state including, but not limited to the name, date and
122	122	place of birth of the child, the identity and address of the parent
123	123	or legal guardian, evidence of authority to make the placement, and
124	124	the name and address of the facility in which the child will be
125	125	placed. Notice of residential placement shall also include
126	126	information regarding a discharge and any unauthorized absence from
127	127	the facility.
128	128	O. "Placement" means the act by a public or private child
129	129	placing agency intended to arrange for the care or custody of a
130	130	child in another state.
131	131	P. "Private child placing agency" means any private
132	132	corporation, agency, foundation, institution, or charitable
133	133	organization, or any private person or attorney that facilitates,
134	134	causes, or is involved in the placement of a child from one state to
135	135	another and that is not an instrumentality of the state or acting
136	136	under color of state law.
137	137	Q. "Provisional placement" means a determination made by
138	138	the public child placing agency in the receiving state that the
139	139	proposed placement is safe and suitable, and, to the extent
140	140	allowable, the receiving state has temporarily waived its standards
141	141	or requirements otherwise applicable to prospective foster or
142	142	adoptive parents so as to not delay the placement. Completion of
143	143	the receiving state requirements regarding training for
144	144	prospective foster or adoptive parents shall not delay an otherwise
145	145	safe and suitable placement.
146	146	R. "Public child placing agency" means any government child
147	147	welfare agency or child protection agency or a private entity under
148	148	contract with such an agency, regardless of whether they act on
149	149	behalf of a state, county, municipality or other governmental unit
150	150	and which facilitates, causes, or is involved in the placement of a
151	151	child from one state to another.
152	152	S. "Receiving state" means the state to which a child is
153	153	sent, brought, or caused to be sent or brought.
154	154	T. "Relative" means someone who is related to the child as a
155	155	parent, step- parent, sibling by half or whole blood or by adoption,
156	156	grandparent, aunt, uncle, or first cousin or a non-relative with
157	157	such significant ties to the child that they may be regarded as
158	158	relatives as determined by the court in the sending state.
159	159	U. "Residential Facility" means a facility providing a
160	160	level of care that is sufficient to substitute for parental
161	161	responsibility or foster care, and is beyond what is needed for
162	162	assessment or treatment of an acute condition. For purposes of the
163	163	compact, residential facilities do not include institutions
164	164	primarily educational in character, hospitals or other medical
165	165	facilities.
166	166	V. "Rule" means a written directive, mandate, standard or
167	167	principle issued by the Interstate Commission promulgated pursuant
168	168	to Article XI of this compact that is of general applicability and
169	169	that implements, interprets or prescribes a policy or provision of
170	170	the compact. "Rule" has the force and effect of an administrative
171	171	rule in a member state, and includes the amendment, repeal, or
172	172	suspension of an existing rule.
173	173	W. "Sending state" means the state from which the placement
174	174	of a child is initiated.
175	175	X. "Service member's permanent duty station" means the
176	176	military installation where an active duty Armed Services member is
177	177	currently assigned and is physically located under competent orders
178	178	that do not specify the duty as temporary.
179	179	Y. "Service member's state of legal residence" means the
180	180	state in which the active duty Armed Services member is considered a
181	181	resident for tax and voting purposes.
182	182	Z. "State" means a state of the United States, the District
183	183	of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
184	184	Islands, Guam, American Samoa, the Northern Marianas Islands and
185	185	any other territory of the United States.
186	186	AA. "State court" means a judicial body of a state that is
187	187	vested by law with responsibility for adjudicating cases involving
188	188	abuse, neglect, deprivation, delinquency or status offenses of
189	189	individuals who have not attained the age of eighteen (18).
190	190	BB. "Supervision" means monitoring provided by the
191	191	receiving state once a child has been placed in a receiving state
192	192	pursuant to this compact.
193	193	ARTICLE III. APPLICABILITY
194	194	A. Except as otherwise provided in Article III, Section B,
195	195	this compact shall apply to:
196	196	1. The interstate placement of a child subject to
197	197	ongoing court jurisdiction in the sending state, due to allegations
198	198	or findings that the child has been abused, neglected, or deprived
199	199	as defined by the laws of the sending state, provided, however, that
200	200	the placement of such a child into a residential facility shall only
201	201	require notice of residential placement to the receiving state
202	202	prior to placement.
203	203	2. The interstate placement of a child adjudicated
204	204	delinquent or unmanageable based on the laws of the sending state
205	205	and subject to ongoing court jurisdiction of the sending state if:
206	206	a. the child is being placed in a residential
207	207	facility in another member state and is not covered under another
208	208	compact; or
209	209	b. the child is being placed in another member
210	210	state and the determination of safety and suitability of the
211	211	placement and services required is not provided through another
212	212	compact.
213	213	3. The interstate placement of any child by a public
214	214	child placing agency or private child placing agency as defined in
215	215	this compact as a preliminary step to a possible adoption.
216	216	B. The provisions of this compact shall not apply to:
217	217	1. The interstate placement of a child in a custody
218	218	proceeding in which a public child placing agency is not a party,
219	219	provided, the placement is not intended to effectuate an adoption.
220	220	2. The interstate placement of a child with a
221	221	non-relative in a receiving state by a parent with the legal
222	222	authority to make such a placement provided, however, that the
223	223	placement is not intended to effectuate an adoption.
224	224	3. The interstate placement of a child by one relative
225	225	with the lawful authority to make such a placement directly with a
226	226	relative in a receiving state.
227	227	4. The placement of a child, not subject to Article
228	228	III, Section A, into a residential facility by his parent.
229	229	5. The placement of a child with a non-custodial
230	230	parent provided that:
231	231	a. The non-custodial parent proves to the
232	232	satisfaction of a court in the sending state a substantial
233	233	relationship with the child; and
234	234	b. The court in the sending state makes a written
235	235	finding that placement with the non-custodial parent is in the best
236	236	interests of the child; and
237	237	c. The court in the sending state dismisses its
238	238	jurisdiction in interstate placements in which the public child
239	239	placing agency is a party to the proceeding.
240	240	6. A child entering the United States from a foreign
241	241	country for the purpose of adoption or leaving the United States to
242	242	go to a foreign country for the purpose of adoption in that country.
243	243	7. Cases in which a U.S. citizen child living overseas
244	244	with his family, at least one of whom is in the U.S. Armed Services,
245	245	and who is stationed overseas, is removed and placed in a state.
246	246	8. The sending of a child by a public child placing
247	247	agency or a private child placing agency for a visit as defined by
248	248	the rules of the Interstate Commission.
249	249	C. For purposes of determining the applicability of this
250	250	compact to the placement of a child with a family in the Armed
251	251	Services, the public child placing agency or private child placing
252	252	agency may choose the state of the service member's permanent duty
253	253	station or the service member's declared legal residence.
254	254	D. Nothing in this compact shall be construed to prohibit
255	255	the concurrent application of the provisions of this compact with
256	256	other applicable interstate compacts including the Interstate
257	257	Compact for Juveniles and the Interstate Compact on Adoption and
258	258	Medical Assistance. The Interstate Commission may in cooperation
259	259	with other interstate compact commissions having responsibility
260	260	for the interstate movement, placement or transfer of children,
261	261	promulgate like rules to ensure the coordination of services,
262	262	timely placement of children, and the reduction of unnecessary or
263	263	duplicative administrative or procedural requirements.
264	264	ARTICLE IV. JURISDICTION
265	265	A. Except as provided in Article IV, Section H and Article
266	266	V, Section B, paragraph two and three concerning private and
267	267	independent adoptions, and in interstate placements in which the
268	268	public child placing agency is not a party to a custody proceeding,
269	269	the sending state shall retain jurisdiction over a child with
270	270	respect to all matters of custody and disposition of the child which
271	271	it would have had if the child had remained in the sending state.
272	272	Such jurisdiction shall also include the power to order the return
273	273	of the child to the sending state.
274	274	B. When an issue of child protection or custody is brought
275	275	before a court in the receiving state, such court shall confer with
276	276	the court of the sending state to determine the most appropriate
277	277	forum for adjudication.
278	278	C. In cases that are before courts and subject to this
279	279	compact, the taking of testimony for hearings before any judicial
280	280	officer may occur in person or by telephone, audio-video
281	281	conference, or such other means as approved by the rules of the
282	282	Interstate Commission; and Judicial officers may communicate with
283	283	other judicial officers and persons involved in the interstate
284	284	process as may be permitted by their Canons of Judicial Conduct and
285	285	any rules promulgated by the Interstate Commission.
286	286	D. In accordance with its own laws, the court in the sending
287	287	state shall have authority to terminate its jurisdiction if:
288	288	1. The child is reunified with the parent in the
289	289	receiving state who is the subject of allegations or findings of
290	290	abuse or neglect, only with the concurrence of the public child
291	291	placing agency in the receiving state; or
292	292	2. The child is adopted; or
293	293	3. The child reaches the age of majority under the laws
294	294	of the sending state; or
295	295	4. The child achieves legal independence pursuant to
296	296	the laws of the sending state; or
297	297	5. A guardianship is created by a court in the
298	298	receiving state with the concurrence of the court in the sending
299	299	state; or
300	300	6. An Indian tribe has petitioned for and received
301	301	jurisdiction from the court in the sending state; or
302	302	7. The public child placing agency of the sending
303	303	state requests termination and has obtained the concurrence of the
304	304	public child placing agency in the receiving the state.
305	305	E. When a sending state court terminates its jurisdiction,
306	306	the receiving state child placing agency shall be notified.
307	307	F. Nothing in this article shall defeat a claim of
308	308	jurisdiction by a receiving state court sufficient to deal with an
309	309	act of truancy, delinquency, crime or behavior involving a child as
310	310	defined by the laws of the receiving state committed by the child in
311	311	the receiving state which would be a violation of its laws.
312	312	G. Nothing in this article shall limit the receiving state's
313	313	ability to take emergency jurisdiction for the protection of the
314	314	child.
315	315	H. The substantive laws of the state in which an adoption
316	316	will be finalized shall solely govern all issues relating to the
317	317	adoption of the child and the court in which the adoption proceeding
318	318	is filed shall have subject matter jurisdiction regarding all
319	319	substantive issues relating to the adoption, except:
320	320	1. when the child is a ward of another court that
321	321	established jurisdiction over the child prior to the placement; or
322	322	2. when the child is in the legal custody of a public
323	323	agency in the sending state; or
324	324	3. when a court in the sending state has otherwise
325	325	appropriately assumed jurisdiction over the child, prior to the
326	326	submission of the request for approval of placement.
327	327	I. A final decree of adoption shall not be entered in any
328	328	jurisdiction until the placement is authorized as an "approved
329	329	placement" by the public child placing agency in the receiving
330	330	state.
331	331	ARTICLE V. PLACEMENT EVALUATION
332	332	A. Prior to sending, bringing, or causing a child to be sent
333	333	or brought into a receiving state, the public child placing agency
334	334	shall provide a written request for assessment to the receiving
335	335	state.
336	336	B. For placements by a private child placing agency, a child
337	337	may be sent or brought, or caused to be sent or brought, into a
338	338	receiving state, upon receipt and immediate review of the required
339	339	content in a request for approval of a placement in both the sending
340	340	and receiving state public child placing agency. The required
341	341	content to accompany a request for approval shall include all of the
342	342	following:
343	343	1. A request for approval identifying the child, birth
344	344	parent(s), the prospective adoptive parent(s), and the supervising
345	345	agency, signed by the person requesting approval; and
346	346	2. The appropriate consents or relinquishments signed
347	347	by the birth parents in accordance with the laws of the sending
348	348	state, or where permitted the laws of the state where the adoption
349	349	will be finalized; and
350	350	3. Certification by a licensed attorney or authorized
351	351	agent of a private adoption agency that the consent or
352	352	relinquishment is in compliance with the applicable laws of the
353	353	sending state, or where permitted the laws of the state where
354	354	finalization of the adoption will occur; and
355	355	4. A home study; and
356	356	5. An acknowledgment of legal risk signed by the
357	357	prospective adoptive parents.
358	358	C. The sending state and the receiving state may request
359	359	additional information or documents prior to finalization of an
360	360	approved placement, but they may not delay travel by the
361	361	prospective adoptive parents with the child if the required content
362	362	for approval has been submitted, received and reviewed by the
363	363	public child placing agency in both the sending state and the
364	364	receiving state.
365	365	D. Approval from the public child placing agency in the
366	366	receiving state for a provisional or approved placement is required
367	367	as provided for in the rules of the Interstate Commission.
368	368	E. The procedures for making and the request for an
369	369	assessment shall contain all information and be in such form as
370	370	provided for in the rules of the Interstate Commission.
371	371	F. Upon receipt of a request from the public child placing
372	372	agency of the sending state, the receiving state shall initiate an
373	373	assessment of the proposed placement to determine its safety and
374	374	suitability. If the proposed placement is a placement with a
375	375	relative, the public child placing agency of the sending state may
376	376	request a determination for a provisional placement.
377	377	G. The public child placing agency in the receiving state
378	378	may request from the public child placing agency or the private
379	379	child placing agency in the sending state, and shall be entitled to
380	380	receive supporting or additional information necessary to complete
381	381	the assessment or approve the placement.
382	382	H. The public child placing agency in the receiving state
383	383	shall approve a provisional placement and complete or arrange for
384	384	the completion of the assessment within the timeframes established
385	385	by the rules of the Interstate Commission.
386	386	I. For a placement by a private child placing agency, the
387	387	sending state shall not impose any additional requirements to
388	388	complete the home study that are not required by the receiving
389	389	state, unless the adoption is finalized in the sending state.
390	390	J. The Interstate Commission may develop uniform standards
391	391	for the assessment of the safety and suitability of interstate
392	392	placements.
393	393	ARTICLE VI. PLACEMENT AUTHORITY
394	394	A. Except as otherwise provided in this Compact, no child
395	395	subject to this compact shall be placed into a receiving state until
396	396	approval for such placement is obtained.
397	397	B. If the public child placing agency in the receiving state
398	398	does not approve the proposed placement then the child shall not be
399	399	placed. The receiving state shall provide written documentation of
400	400	any such determination in accordance with the rules promulgated by
401	401	the Interstate Commission. Such determination is not subject to
402	402	judicial review in the sending state.
403	403	C. If the proposed placement is not approved, any interested
404	404	party shall have standing to seek an administrative review of the
405	405	receiving state's determination.
406	406	1. The administrative review and any further judicial
407	407	review associated with the determination shall be conducted in the
408	408	receiving state pursuant to its applicable Administrative
409	409	Procedures Act.
410	410	2. If a determination not to approve the placement of
411	411	the child in the receiving state is overturned upon review, the
412	412	placement shall be deemed approved, provided however that all
413	413	administrative or judicial remedies have been exhausted or the time
414	414	for such remedies has passed.
415	415	ARTICLE VII. PLACING AGENCY RESPONSIBILITY
416	416	A. For the interstate placement of a child made by a public
417	417	child placing agency or state court:
418	418	1. The public child placing agency in the sending
419	419	state shall have financial responsibility for:
420	420	a. the ongoing support and maintenance for the
421	421	child during the period of the placement, unless otherwise provided
422	422	for in the receiving state; and
423	423	b. as determined by the public child placing
424	424	agency in the sending state, services for the child beyond the
425	425	public services for which the child is eligible in the receiving
426	426	state.
427	427	2. The receiving state shall only have financial
428	428	responsibility for:
429	429	a. any assessment conducted by the receiving
430	430	state; and
431	431	b. supervision conducted by the receiving state
432	432	at the level necessary to support the placement as agreed upon by
433	433	the public child placing agencies of the receiving and sending
434	434	state.
435	435	3. Nothing in this provision shall prohibit public
436	436	child placing agencies in the sending state from entering into
437	437	agreements with licensed agencies or persons in the receiving state
438	438	to conduct assessments and provide supervision.
439	439	B. For the placement of a child by a private child placing
440	440	agency preliminary to a possible adoption, the private child
441	441	placing agency shall be:
442	442	1. Legally responsible for the child during the period
443	443	of placement as provided for in the law of the sending state until
444	444	the finalization of the adoption.
445	445	2. Financially responsible for the child absent a
446	446	contractual agreement to the contrary.
447	447	C. The public child placing agency in the receiving state
448	448	shall provide timely assessments, as provided for in the rules of
449	449	the Interstate Commission.
450	450	D. The public child placing agency in the receiving state
451	451	shall provide, or arrange for the provision of, supervision and
452	452	services for the child, including timely reports, during the period
453	453	of the placement.
454	454	E. Nothing in this compact shall be construed as to limit
455	455	the authority of the public child placing agency in the receiving
456	456	state from contracting with a licensed agency or person in the
457	457	receiving state for an assessment or the provision of supervision
458	458	or services for the child or otherwise authorizing the provision of
459	459	supervision or services by a licensed agency during the period of
460	460	placement.
461	461	F. Each member state shall provide for coordination among
462	462	its branches of government concerning the state's participation in,
463	463	and compliance with, the compact and Interstate Commission
464	464	activities, through the creation of an advisory council or use of an
465	465	existing body or board.
466	466	G. Each member state shall establish a central state compact
467	467	office, which shall be responsible for state compliance with the
468	468	compact and the rules of the Interstate Commission.
469	469	H. The public child placing agency in the sending state
470	470	shall oversee compliance with the provisions of the Indian Child
471	471	Welfare Act (25 USC 1901 et seq.) for placements subject to the
472	472	provisions of this compact, prior to placement.
473	473	I. With the consent of the Interstate Commission, states may
474	474	enter into limited agreements that facilitate the timely assessment
475	475	and provision of services and supervision of placements under this
476	476	compact.
477	477	ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN
478	478	The member states hereby establish, by way of this compact, a
479	479	commission known as the "Interstate Commission for the Placement of
480	480	Children." The activities of the Interstate Commission are the
481	481	formation of public policy and are a discretionary state function.
482	482	The Interstate Commission shall:
483	483	A. Be a joint commission of the member states and shall have
484	484	the responsibilities, powers and duties set forth herein, and such
485	485	additional powers as may be conferred upon it by subsequent
486	486	concurrent action of the respective legislatures of the member
487	487	states.
488	488	B. Consist of one commissioner from each member state who
489	489	shall be appointed by the executive head of the state human services
490	490	administration with ultimate responsibility for the child welfare
491	491	program. The appointed commissioner shall have the legal authority
492	492	to vote on policy related matters governed by this compact binding
493	493	the state.
494	494	1. Each member state represented at a meeting of the
495	495	Interstate Commission is entitled to one vote.
496	496	2. A majority of the member states shall constitute a
497	497	quorum for the transaction of business, unless a larger quorum is
498	498	required by the bylaws of the Interstate Commission.
499	499	3. A representative shall not delegate a vote to
500	500	another member state.
501	501	4. A representative may delegate voting authority to
502	502	another person from their state for a specified meeting.
503	503	C. In addition to the commissioners of each member state,
504	504	the Interstate Commission shall include persons who are members of
505	505	interested organizations as defined in the bylaws or rules of the
506	506	Interstate Commission. Such members shall be ex officio and shall
507	507	not be entitled to vote on any matter before the Interstate
508	508	Commission.
509	509	D. Establish an executive committee which shall have the
510	510	authority to administer the day-to-day operations and
511	511	administration of the Interstate Commission. It shall not have the
512	512	power to engage in rulemaking.
513	513	ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
514	514	The Interstate Commission shall have the following powers:
515	515	A. To promulgate rules and take all necessary actions to
516	516	effect the goals, purposes and obligations as enumerated in this
517	517	compact.
518	518	B. To provide for dispute resolution among member states.
519	519	C. To issue, upon request of a member state, advisory
520	520	opinions concerning the meaning or interpretation of the interstate
521	521	compact, its bylaws, rules or actions.
522	522	D. To enforce compliance with this compact or the bylaws or
523	523	rules of the Interstate Commission pursuant to Article XII.
524	524	E. Collect standardized data concerning the interstate
525	525	placement of children subject to this compact as directed through
526	526	its rules which shall specify the data to be collected, the means of
527	527	collection and data exchange and reporting requirements.
528	528	F. To establish and maintain offices as may be necessary for
529	529	the transacting of its business.
530	530	G. To purchase and maintain insurance and bonds.
531	531	H. To hire or contract for services of personnel or
532	532	consultants as necessary to carry out its functions under the
533	533	compact and establish personnel qualification policies, and rates
534	534	of compensation.
535	535	I. To establish and appoint committees and officers
536	536	including, but not limited to, an executive committee as required
537	537	by Article X.
538	538	J. To accept any and all donations and grants of money,
539	539	equipment, supplies, materials, and services, and to receive,
540	540	utilize, and dispose thereof.
541	541	K. To lease, purchase, accept contributions or donations
542	542	of, or otherwise to own, hold, improve or use any property, real,
543	543	personal, or mixed.
544	544	L. To sell, convey, mortgage, pledge, lease, exchange,
545	545	abandon, or otherwise dispose of any property, real, personal or
546	546	mixed.
547	547	M. To establish a budget and make expenditures.
548	548	N. To adopt a seal and bylaws governing the management and
549	549	operation of the Interstate Commission.
550	550	O. To report annually to the legislatures, governors, the
551	551	judiciary, and state advisory councils of the member states
552	552	concerning the activities of the Interstate Commission during the
553	553	preceding year. Such reports shall also include any
554	554	recommendations that may have been adopted by the Interstate
555	555	Commission.
556	556	P. To coordinate and provide education, training and public
557	557	awareness regarding the interstate movement of children for
558	558	officials involved in such activity.
559	559	Q. To maintain books and records in accordance with the
560	560	bylaws of the Interstate Commission.
561	561	R. To perform such functions as may be necessary or
562	562	appropriate to achieve the purposes of this compact.
563	563	ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
564	564	A. Bylaws
565	565	1. Within 12 months after the first Interstate
566	566	Commission meeting, the Interstate Commission shall adopt bylaws to
567	567	govern its conduct as may be necessary or appropriate to carry out
568	568	the purposes of the compact.
569	569	2. The Interstate Commission's bylaws and rules shall
570	570	establish conditions and procedures under which the Interstate
571	571	Commission shall make its information and official records
572	572	available to the public for inspection or copying. The Interstate
573	573	Commission may exempt from disclosure information or official
574	574	records to the extent they would adversely affect personal privacy
575	575	rights or proprietary interests.
576	576	B. Meetings
577	577	1. The Interstate Commission shall meet at least once
578	578	each calendar year. The chairperson may call additional meetings
579	579	and, upon the request of a simple majority of the member states
580	580	shall call additional meetings.
581	581	2. Public notice shall be given by the Interstate
582	582	Commission of all meetings and all meetings shall be open to the
583	583	public, except as set forth in the rules or as otherwise provided in
584	584	the compact. The Interstate Commission and its committees may
585	585	close a meeting, or portion thereof, where it determines by
586	586	two-thirds vote that an open meeting would be likely to:
587	587	a. relate solely to the Interstate Commission's
588	588	internal personnel practices and procedures; or
589	589	b. disclose matters specifically exempted from
590	590	disclosure by federal law; or
591	591	c. disclose financial or commercial information
592	592	which is privileged, proprietary or confidential in nature; or
593	593	d. involve accusing a person of a crime, or
594	594	formally censuring a person; or
595	595	e. disclose information of a personal nature
596	596	where disclosure would constitute a clearly unwarranted invasion of
597	597	personal privacy or physically endanger one or more persons; or
598	598	f. disclose investigative records compiled for
599	599	law enforcement purposes; or
600	600	g. specifically relate to the Interstate
601	601	Commission's participation in a civil action or other legal
602	602	proceeding.
603	603	3. For a meeting, or portion of a meeting, closed
604	604	pursuant to this provision, the Interstate Commission's legal
605	605	counsel or designee shall certify that the meeting may be closed and
606	606	shall reference each relevant exemption provision. The Interstate
607	607	Commission shall keep minutes which shall fully and clearly
608	608	describe all matters discussed in a meeting and shall provide a full
609	609	and accurate summary of actions taken, and the reasons therefore,
610	610	including a description of the views expressed and the record of a
611	611	roll call vote. All documents considered in connection with an
612	612	action shall be identified in such minutes. All minutes and
613	613	documents of a closed meeting shall remain under seal, subject to
614	614	release by a majority vote of the Interstate Commission or by court
615	615	order.
616	616	4. The bylaws may provide for meetings of the
617	617	Interstate Commission to be conducted by telecommunication or other
618	618	electronic communication.
619	619	C. Officers and Staff
620	620	1. The Interstate Commission may, through its
621	621	executive committee, appoint or retain a staff director for such
622	622	period, upon such terms and conditions and for such compensation as
623	623	the Interstate Commission may deem appropriate. The staff director
624	624	shall serve as secretary to the Interstate Commission, but shall
625	625	not have a vote. The staff director may hire and supervise such
626	626	other staff as may be authorized by the Interstate Commission.
627	627	2. The Interstate Commission shall elect, from among
628	628	its members, a chairperson and a vice chairperson of the executive
629	629	committee and other necessary officers, each of whom shall have
630	630	such authority and duties as may be specified in the bylaws.
631	631	D. Qualified Immunity, Defense and Indemnification
632	632	1. The Interstate Commission's staff director and its
633	633	employees shall be immune from suit and liability, either
634	634	personally or in their official capacity, for a claim for damage to
635	635	or loss of property or personal injury or other civil liability
636	636	caused or arising out of or relating to an actual or alleged act,
637	637	error, or omission that occurred, or that such person had a
638	638	reasonable basis for believing occurred within the scope of
639	639	Commission employment, duties, or responsibilities; provided, that
640	640	such person shall not be protected from suit or liability for
641	641	damage, loss, injury, or liability caused by a criminal act or the
642	642	intentional or willful and wanton misconduct of such person.
643	643	a. The liability of the Interstate Commission's
644	644	staff director and employees or Interstate Commission
645	645	representatives, acting within the scope of such person's
646	646	employment or duties for acts, errors, or omissions occurring
647	647	within such person's state may not exceed the limits of liability
648	648	set forth under the Constitution and laws of that state for state
649	649	officials, employees, and agents. The Interstate Commission is
650	650	considered to be an instrumentality of the states for the purposes
651	651	of any such action. Nothing in this subsection shall be construed
652	652	to protect such person from suit or liability for damage, loss,
653	653	injury, or liability caused by a criminal act or the intentional or
654	654	willful and wanton misconduct of such person.
655	655	b. The Interstate Commission shall defend the
656	656	staff director and its employees and, subject to the approval of the
657	657	Attorney General or other appropriate legal counsel of the member
658	658	state shall defend the commissioner of a member state in a civil
659	659	action seeking to impose liability arising out of an actual or
660	660	alleged act, error or omission that occurred within the scope of
661	661	Interstate Commission employment, duties or responsibilities, or
662	662	that the defendant had a reasonable basis for believing occurred
663	663	within the scope of Interstate Commission employment, duties, or
664	664	responsibilities, provided that the actual or alleged act, error,
665	665	or omission did not result from intentional or willful and wanton
666	666	misconduct on the part of such person.
667	667	c. To the extent not covered by the state
668	668	involved, member state, or the Interstate Commission, the
669	669	representatives or employees of the Interstate Commission shall be
670	670	held harmless in the amount of a settlement or judgment, including
671	671	attorney's fees and costs, obtained against such persons arising
672	672	out of an actual or alleged act, error, or omission that occurred
673	673	within the scope of Interstate Commission employment, duties, or
674	674	responsibilities, or that such persons had a reasonable basis for
675	675	believing occurred within the scope of Interstate Commission
676	676	employment, duties, or responsibilities, provided that the actual
677	677	or alleged act, error, or omission did not result from intentional
678	678	or willful and wanton misconduct on the part of such persons.
679	679	ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
680	680	A. The Interstate Commission shall promulgate and publish
681	681	rules in order to effectively and efficiently achieve the purposes
682	682	of the compact.
683	683	B. Rulemaking shall occur pursuant to the criteria set forth
684	684	in this article and the bylaws and rules adopted pursuant thereto.
685	685	Such rulemaking shall substantially conform to the principles of
686	686	the "Model State Administrative Procedures Act," 1981 Act, Uniform
687	687	Laws Annotated, Vol. 15, p.1 (2000), or such other administrative
688	688	procedure acts as the Interstate Commission deems appropriate
689	689	consistent with due process requirements under the United States
690	690	Constitution as now or hereafter interpreted by the U. S. Supreme
691	691	Court. All rules and amendments shall become binding as of the date
692	692	specified, as published with the final version of the rule as
693	693	approved by the Interstate Commission.
694	694	C. When promulgating a rule, the Interstate Commission
695	695	shall, at a minimum:
696	696	1. Publish the proposed rule's entire text stating the
697	697	reason(s) for that proposed rule; and
698	698	2. Allow and invite any and all persons to submit
699	699	written data, facts, opinions and arguments, which information
700	700	shall be added to the record, and be made publicly available; and
701	701	3. Promulgate a final rule and its effective date, if
702	702	appropriate, based on input from state or local officials, or
703	703	interested parties.
704	704	D. Rules promulgated by the Interstate Commission shall
705	705	have the force and effect of administrative rules and shall be
706	706	binding in the compacting states to the extent and in the manner
707	707	provided for in this compact.
708	708	E. Not later than 60 days after a rule is promulgated, an
709	709	interested person may file a petition in the U.S. District Court for
710	710	the District of Columbia or in the Federal District Court where the
711	711	Interstate Commission's principal office is located for judicial
712	712	review of such rule. If the court finds that the Interstate
713	713	Commission's action is not supported by substantial evidence in the
714	714	rulemaking record, the court shall hold the rule unlawful and set it
715	715	aside.
716	716	F. If a majority of the legislatures of the member states
717	717	rejects a rule, those states may by enactment of a statute or
718	718	resolution in the same manner used to adopt the compact cause that
719	719	such rule shall have no further force and effect in any member
720	720	state.
721	721	G. The existing rules governing the operation of the
722	722	Interstate Compact on the Placement of Children superseded by this
723	723	act shall be null and void no less than 12, but no more than 24
724	724	months after the first meeting of the Interstate Commission created
725	725	hereunder, as determined by the members during the first meeting.
726	726	H. Within the first 12 months of operation, the Interstate
727	727	Commission shall promulgate rules addressing the following:
728	728	1. Transition rules
729	729	2. Forms and procedures
730	730	3. Time lines
731	731	4. Data collection and reporting
732	732	5. Rulemaking
733	733	6. Visitation
734	734	7. Progress reports/supervision
735	735	8. Sharing of information/confidentiality
736	736	9. Financing of the Interstate Commission
737	737	10. Mediation, arbitration and dispute resolution
738	738	11. Education, training and technical assistance
739	739	12. Enforcement
740	740	13. Coordination with other interstate compacts
741	741	I. Upon determination by a majority of the members of the
742	742	Interstate Commission that an emergency exists:
743	743	1. The Interstate Commission may promulgate an
744	744	emergency rule only if it is required to:
745	745	a. Protect the children covered by this compact
746	746	from an imminent threat to their health, safety and well-being; or
747	747	b. Prevent loss of federal or state funds; or
748	748	c. Meet a deadline for the promulgation of an
749	749	administrative rule required by federal law.
750	750	2. An emergency rule shall become effective
751	751	immediately upon adoption, provided that the usual rulemaking
752	752	procedures provided hereunder shall be retroactively applied to
753	753	said rule as soon as reasonably possible, but no later than 90 days
754	754	after the effective date of the emergency rule.
755	755	3. An emergency rule shall be promulgated as provided
756	756	for in the rules of the Interstate Commission.
757	757	ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT
758	758	A. Oversight
759	759	1. The Interstate Commission shall oversee the
760	760	administration and operation of the compact.
761	761	2. The executive, legislative and judicial branches of
762	762	state government in each member state shall enforce this compact
763	763	and the rules of the Interstate Commission and shall take all
764	764	actions necessary and appropriate to effectuate the compact's
765	765	purposes and intent. The compact and its rules shall be binding in
766	766	the compacting states to the extent and in the manner provided for
767	767	in this compact.
768	768	3. All courts shall take judicial notice of the
769	769	compact and the rules in any judicial or administrative proceeding
770	770	in a member state pertaining to the subject matter of this compact.
771	771	4. The Interstate Commission shall be entitled to
772	772	receive service of process in any action in which the validity of a
773	773	compact provision or rule is the issue for which a judicial
774	774	determination has been sought and shall have standing to intervene
775	775	in any proceedings. Failure to provide service of process to the
776	776	Interstate Commission shall render any judgment, order or other
777	777	determination, however so captioned or classified, void as to the
778	778	Interstate Commission, this compact, its bylaws or rules of the
779	779	Interstate Commission.
780	780	B. Dispute Resolution
781	781	1. The Interstate Commission shall attempt, upon the
782	782	request of a member state, to resolve disputes which are subject to
783	783	the compact and which may arise among member states and between
784	784	member and non-member states.
785	785	2. The Interstate Commission shall promulgate a rule
786	786	providing for both mediation and binding dispute resolution for
787	787	disputes among compacting states. The costs of such mediation or
788	788	dispute resolution shall be the responsibility of the parties to
789	789	the dispute.
790	790	C. Enforcement
791	791	1. If the Interstate Commission determines that a
792	792	member state has defaulted in the performance of its obligations or
793	793	responsibilities under this compact, its bylaws or rules, the
794	794	Interstate Commission may:
795	795	a. Provide remedial training and specific
796	796	technical assistance; or
797	797	b. Provide written notice to the defaulting state
798	798	and other member states, of the nature of the default and the means
799	799	of curing the default. The Interstate Commission shall specify the
800	800	conditions by which the defaulting state must cure its default; or
801	801	c. By majority vote of the members, initiate
802	802	against a defaulting member state legal action in the United State
803	803	District Court for the District of Columbia or, at the discretion of
804	804	the Interstate Commission, in the federal district where the
805	805	Interstate Commission has its principal office, to enforce
806	806	compliance with the provisions of the compact, its bylaws or rules.
807	807	The relief sought may include both injunctive relief and damages.
808	808	In the event judicial enforcement is necessary the prevailing party
809	809	shall be awarded all costs of such litigation including reasonable
810	810	attorney's fees; or
811	811	d. Avail itself of any other remedies available
812	812	under state law or the regulation of official or professional
813	813	conduct.
814	814	ARTICLE XIII. FINANCING OF THE COMMISSION
815	815	A. The Interstate Commission shall pay, or provide for the
816	816	payment of the reasonable expenses of its establishment,
817	817	organization and ongoing activities.
818	818	B. The Interstate Commission may levy on and collect an
819	819	annual assessment from each member state to cover the cost of the
820	820	operations and activities of the Interstate Commission and its
821	821	staff which must be in a total amount sufficient to cover the
822	822	Interstate Commission's annual budget as approved by its members
823	823	each year. The aggregate annual assessment amount shall be
824	824	allocated based upon a formula to be determined by the Interstate
825	825	Commission which shall promulgate a rule binding upon all member
826	826	states.
827	827	C. The Interstate Commission shall not incur obligations of
828	828	any kind prior to securing the funds adequate to meet the same; nor
829	829	shall the Interstate Commission pledge the credit of any of the
830	830	member states, except by and with the authority of the member state.
831	831	D. The Interstate Commission shall keep accurate accounts
832	832	of all receipts and disbursements. The receipts and disbursements
833	833	of the Interstate Commission shall be subject to the audit and
834	834	accounting procedures established under its bylaws. However, all
835	835	receipts and disbursements of funds handled by the Interstate
836	836	Commission shall be audited yearly by a certified or licensed
837	837	public accountant and the report of the audit shall be included in
838	838	and become part of the annual report of the Interstate Commission.
839	839	ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
840	840	A. Any state is eligible to become a member state.
841	841	B. The compact shall become effective and binding upon
842	842	legislative enactment of the compact into law by no less than 35
843	843	states. The effective date shall be the later of July 1, 2007 or
844	844	upon enactment of the compact into law by the 35th state.
845	845	Thereafter it shall become effective and binding as to any other
846	846	member state upon enactment of the compact into law by that state.
847	847	The executive heads of the state human services administration with
848	848	ultimate responsibility for the child welfare program of non-member
849	849	states or their designees shall be invited to participate in the
850	850	activities of the Interstate Commission on a non-voting basis prior
851	851	to adoption of the compact by all states.
852	852	C. The Interstate Commission may propose amendments to the
853	853	compact for enactment by the member states. No amendment shall
854	854	become effective and binding on the member states unless and until
855	855	it is enacted into law by unanimous consent of the member states.
856	856	ARTICLE XV. WITHDRAWAL AND DISSOLUTION
857	857	A. Withdrawal
858	858	1. Once effective, the compact shall continue in force
859	859	and remain binding upon each and every member state; provided that a
860	860	member state may withdraw from the compact specifically repealing
861	861	the statute which enacted the compact into law.
862	862	2. Withdrawal from this compact shall be by the
863	863	enactment of a statute repealing the same. The effective date of
864	864	withdrawal shall be the effective date of the repeal of the statute.
865	865	3. The withdrawing state shall immediately notify the
866	866	president of the Interstate Commission in writing upon the
867	867	introduction of legislation repealing this compact in the
868	868	withdrawing state. The Interstate Commission shall then notify the
869	869	other member states of the withdrawing state's intent to withdraw.
870	870	4. The withdrawing state is responsible for all
871	871	assessments, obligations and liabilities incurred through the
872	872	effective date of withdrawal.
873	873	5. Reinstatement following withdrawal of a member
874	874	state shall occur upon the withdrawing state reenacting the compact
875	875	or upon such later date as determined by the members of the
876	876	Interstate Commission.
877	877	B. Dissolution of Compact
878	878	1. This compact shall dissolve effective upon the date
879	879	of the withdrawal or default of the member state which reduces the
880	880	membership in the compact to one member state.
881	881	2. Upon the dissolution of this compact, the compact
882	882	becomes null and void and shall be of no further force or effect,
883	883	and the business and affairs of the Interstate Commission shall be
884	884	concluded and surplus funds shall be distributed in accordance with
885	885	the bylaws.
886	886	ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
887	887	A. The provisions of this compact shall be severable, and if
888	888	any phrase, clause, sentence or provision is deemed unenforceable,
889	889	the remaining provisions of the compact shall be enforceable.
890	890	B. The provisions of this compact shall be liberally
891	891	construed to effectuate its purposes.
892	892	C. Nothing in this compact shall be construed to prohibit
893	893	the concurrent applicability of other interstate compacts to which
894	894	the states are members.
895	895	ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
896	896	A. Other Laws
897	897	1. Nothing herein prevents the enforcement of any
898	898	other law of a member state that is not inconsistent with this
899	899	compact.
900	900	B. Binding Effect of the Compact
901	901	1. All lawful actions of the Interstate Commission,
902	902	including all rules and bylaws promulgated by the Interstate
903	903	Commission, are binding upon the member states.
904	904	2. All agreements between the Interstate Commission
905	905	and the member states are binding in accordance with their terms.
906	906	3. In the event any provision of this compact exceeds
907	907	the constitutional limits imposed on the legislature of any member
908	908	state, such provision shall be ineffective to the extent of the
909	909	conflict with the constitutional provision in question in that
910	910	member state.
911	911	ARTICLE XVIII. INDIAN TRIBES
912	912	Notwithstanding any other provision in this compact, the
913	913	Interstate Commission may promulgate guidelines to permit Indian
914	914	tribes to utilize the compact to achieve any or all of the purposes
915	915	of the compact as specified in Article I. The Interstate Commission
916	916	shall make reasonable efforts to consult with Indian tribes in
917	917	promulgating guidelines to reflect the diverse circumstances of the
918	918	various Indian tribes.
919	919	SECTION 4. Section 162.103(a), Family Code, is amended to
920	920	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 5. Section 162.104, Family Code, is amended to read
930	930	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 6. Section 162.105, Family Code, is amended to read
938	938	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 7. The heading to Section 162.107, Family Code, is
946	946	amended to read as follows:
947	947	Sec. 162.107. OFFENSE [OFFENSES]; PENALTY [PENALTIES].
948	948	SECTION 8. The following sections of the Family Code are
949	949	repealed:
950	950	(1) Section 162.102; and
951	951	(2) Section 162.107(b).
952	952	SECTION 9. This Act takes effect September 1, 2025.