Subchapter VI. Interstate Compact on the Placement of Children [Effective until enactment of the new Compact by 35 states
and upon promulgation of rules by the Interstate Commission]
Welfare
In General
§ 381. Interstate Compact on the Placement of Children; enactment [Effective until enactment of the new Compact by 35 states
and upon promulgation of rules by the Interstate Commission]
The Interstate Compact on the Placement of Children is 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 home, either free or for boarding, 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, or 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 of 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 maturity, 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
in this paragraph 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 1 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) of this article.
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 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 the executive head's 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 a parent, stepparent, grandparent, adult sibling, adult uncle
or aunt or 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 2 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 circumstances
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.
31 Del. C. 1953, § 381; 57 Del. Laws, c. 501; 70 Del. Laws, c. 186, § 1.;
Subchapter VI. Interstate Compact on the Placement of Children [Effective until enactment of the new Compact by 35 states
and upon promulgation of rules by the Interstate Commission]
Welfare
In General
§ 381. Interstate Compact on the Placement of Children; enactment [Effective until enactment of the new Compact by 35 states
and upon promulgation of rules by the Interstate Commission]
The Interstate Compact on the Placement of Children is 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 home, either free or for boarding, 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, or 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 of 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 maturity, 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
in this paragraph 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 1 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) of this article.
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 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 the executive head's 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 a parent, stepparent, grandparent, adult sibling, adult uncle
or aunt or 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 2 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 circumstances
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.
31 Del. C. 1953, § 381; 57 Del. Laws, c. 501; 70 Del. Laws, c. 186, § 1.;
Subchapter VI. Interstate Compact on the Placement of Children [Effective until enactment of the new Compact by 35 states
and upon promulgation of rules by the Interstate Commission]
Welfare
In General
§ 381. Interstate Compact on the Placement of Children; enactment [Effective until enactment of the new Compact by 35 states
and upon promulgation of rules by the Interstate Commission]
The Interstate Compact on the Placement of Children is 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 home, either free or for boarding, 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, or 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 of 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 maturity, 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
in this paragraph 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 1 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) of this article.
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 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 the executive head's 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 a parent, stepparent, grandparent, adult sibling, adult uncle
or aunt or 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 2 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 circumstances
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.
31 Del. C. 1953, § 381; 57 Del. Laws, c. 501; 70 Del. Laws, c. 186, § 1.;