The interstate
compact on the placement of children is hereby enacted into law
and entered into with all other jurisdictions legally joining
therein in form substantially as follows:
ARTICLE I. Purpose and Policy
It is the purpose and policy of the party states to
cooperate with each other in the interstate placement of children
to the end that:
(a) Each child requiring placement shall receive the maximum
opportunity to be placed in a suitable environment and with
persons or institutions having appropriate qualifications and
facilities to provide a necessary and desirable degree and type
of care.
(b) The appropriate authorities in a state where a child is
to be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting full
compliance with applicable requirements for the protection of the
child.
(c) The proper authorities of the state from which the
placement is made may obtain the most complete information on the
basis of which to evaluate a projected placement before it is
made.
(d) Appropriate jurisdictional arrangements for the care of
children will be promoted.
ARTICLE II. Definitions
As used in this compact:
(a) "Child" means a person who, by reason of minority, is
legally subject to parental, guardianship or similar control.
(b) "Sending agency" means a party state, officer or
employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person,
corporation, association, charitable agency or other entity which
sends, brings, or causes to be sent or brought any child to
another party state.
(c) "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought, whether by public
authorities or private persons or agencies, and whether for
placement with state or local public authorities or for placement
with private agencies or persons.
(d) "Placement" means the arrangement for the care of a
child in a family free or boarding home or in a child-caring
agency or institution but does not include any institution caring
for the mentally ill, mentally defective or epileptic or any institution
primarily educational in character, and any hospital or other
medical facility.
ARTICLE III. Conditions for Placement
(a) No sending agency shall send, bring, or cause to be sent
or brought into any other party state any child for placement in
foster care or as a preliminary to a possible adoption unless the
sending agency shall comply with each and every requirement set
forth in this article and with the applicable laws of the
receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be
sent or brought into a receiving state for placement in foster
care or as a preliminary to a possible adoption, the sending
agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring,
or place the child in the receiving state. The notice shall
contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents or
legal guardian.
(3) The name and address of the person, agency or
institution to or with which the sending agency proposes to send,
bring, or place the child.
(4) A full statement of the reasons for such proposed action
and evidence of the authority pursuant to which the placement is
proposed to be made.
(c) Any public officer or agency in a receiving state which
is in receipt of a notice pursuant to paragraph (b) of this
article may request of the sending agency, or any other
appropriate officer or agency of or in the sending agency's
state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary
under the circumstances to carry out the purpose and policy of
this compact.
(d) The child shall not be sent, brought, or caused to be
sent or brought into the receiving state until the appropriate
public authorities in the receiving state shall notify the
sending agency, in writing, to the effect that the proposed
placement does not appear to be contrary to the interests of the
child.
ARTICLE IV. Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought into
any receiving state of a child in violation of the terms of this
compact shall constitute a violation of the laws respecting the
placement of children of both the state in which the sending
agency is located or from which it sends or brings the child and
of the receiving state. Such violation may be punished or
subjected to penalty in either jurisdiction in accordance with
its laws. In addition to liability for any such punishment or
penalty, any such violation shall constitute full and sufficient
grounds for the suspension or revocation of any license, permit,
or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children.
ARTICLE V. Retention of Jurisdiction
(a) The sending agency shall retain jurisdiction over the
child sufficient to determine all matters in relation to the
custody, supervision, care, treatment and disposition of the
child which it would have had if the child had remained in the
sending agency's state, until the child is adopted, reaches
majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause
the return of the child or its transfer to another location and
custody pursuant to law. The sending agency shall continue to
have financial responsibility for support and maintenance of the
child during the period of the placement. Nothing contained
herein shall defeat a claim of jurisdiction by a receiving state
sufficient to deal with an act of delinquency or crime committed
therein.
(b) When the sending agency is a public agency, it may enter
into an agreement with an authorized public or private agency in
the receiving state providing for the performance of one or more
services in respect of such case by the latter as agent for the
sending agency.
(c) Nothing in this compact shall be construed to prevent a
private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in
that state for a private charitable agency of the sending state;
nor to prevent the agency in the receiving state from discharging
financial responsibility for the support and maintenance of a
child who has been placed on behalf of the sending agency without
relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI. Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an
institution in another party jurisdiction pursuant to this
compact but no such placement shall be made unless the child is
given a court hearing on notice to the parent or guardian with
opportunity to be heard, prior to his being sent to such other
party jurisdiction for institutional care and the court finds
that:
(1) Equivalent facilities for the child are not available in
the sending agency's jurisdiction; and
(2) Institutional care in the other jurisdiction is in the
best interest of the child and will not produce undue hardship.
ARTICLE VII. Compact Administrator
The executive head of each jurisdiction party to this
compact shall designate an officer who shall be general
coordinator of activities under this compact in his jurisdiction
and who, acting jointly with like officers of other party
jurisdictions, shall have power to promulgate rules and
regulations to carry out more effectively the terms and
provisions of this compact.
ARTICLE VIII. Limitations
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving
state by his parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the
child with any such relative or nonagency guardian in the
receiving state.
(b) Any placement, sending or bringing of a child into a
receiving state pursuant to any other interstate compact to which
both the state from which the child is sent or brought and the
receiving state are party, or to any other agreement between said
states which has the force of law.
ARTICLE IX. Enactment and Withdrawal
This compact shall be open to joinder by any state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and, with the consent
of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction
when such jurisdiction has enacted the same into law. Withdrawal
from this compact shall be by the enactment of a statute
repealing the same, but shall not take effect until two years
after the effective date of such statute and until written notice
of the withdrawal has been given by the withdrawing state to the
governor of each other party jurisdiction. Withdrawal of a party
state shall not affect the rights, duties and obligations under
this compact of any sending agency therein with respect to a
placement made prior to the effective date of withdrawal.
ARTICLE X. Construction and Severability
The provisions of this compact shall be liberally construed
to effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause, sentence or
provision of this compact is declared to be contrary to the
constitution of any party state or of the United States or the
applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any
state party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as
to the state affected as to all severable matters.