[§350E-1]  Terms and provisions of compact. The Interstate Compact on Placement of Children is hereby entered into andenacted into law with all jurisdictions legally joining therein, in formsubstantially as follows:

ARTICLE I.  Purpose and Policy.  It isthe purpose and policy of the party states to cooperate with each other in theinterstate placement of children to the end that:

(a)  Each child requiring placement shallreceive the maximum opportunity to be placed in a suitable environment and withpersons or institutions having appropriate qualifications and facilities toprovide a necessary and desirable degree and type of care.

(b)  The appropriate authorities in a statewhere a child is to be placed may have full opportunity to ascertain the circumstancesof the proposed placement, thereby promoting full compliance with applicablerequirements for the protection of the child.

(c)  The proper authorities of the state fromwhich the placement is made may obtain the most complete information on thebasis of which to evaluate a projected placement before it is made.

(d)  Appropriate jurisdictional arrangementsfor the care of children will be promoted.

ARTICLE II.  Definitions.  As used inthis compact:

(a)  "Child" means a person who, byreason of minority, is legally subject to parental, guardianship or similarcontrol.

(b)  "Sending agency" means a partystate, officer or employee thereof; a subdivision of a party state, or officeror employee thereof; a court of a party state; a person, corporation,association, charitable agency or other entity which sends, brings, or causesto be sent or brought any child to another party state.

(c)  "Receiving state" means thestate 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 forplacement with state or local public authorities or for placement with privateagencies or persons.

(d)  "Placement" means thearrangement for the care of a child in a family free or boarding home or in achild-caring agency or institution but does not include any institution caringfor the mentally ill, mentally defective or epileptic or any institutionprimarily educational in character, and any hospital or other medical facility.

ARTICLE III.  Conditions for Placement.

(a)  No sending agency shall send, bring, orcause to be sent or brought into any other party state any child for placementin foster care or as a preliminary to a possible adoption unless the sendingagency shall comply with each and every requirement set forth in this articleand with the applicable laws of the receiving state governing the placement ofchildren therein.

(b)  Prior to sending, bringing, or causing anychild to be sent or brought into a receiving state for placement in foster careor as a preliminary to a possible adoption, the sending agency shall furnishthe appropriate public authorities in the receiving state written notice of theintention to send, bring, or place the child in the receiving state.  Thenotice shall contain:

(1)  The name, date and place of birth of the child.

(2)  The identity and address or addresses of theparents or legal guardian.

(3)  The name and address of the person, agency orinstitution to or with which the sending agency proposes to send, bring, orplace the child.

(4)  A full statement of the reasons for such proposedaction and evidence of the authority pursuant to which the placement isproposed to be made.

(c)  Any public officer or agency in areceiving state which is in receipt of a notice pursuant to paragraph (b) ofthis article may request of the sending agency, or any other appropriateofficer or agency of or in the sending agency's state, and shall be entitled toreceive therefrom, such supporting or additional information as it may deemnecessary under the circumstances to carry out the purpose and policy of thiscompact.

(d)  The child shall not be sent, brought, orcaused to be sent or brought into the receiving state until the appropriatepublic authorities in the receiving state shall notify the sending agency, inwriting, to the effect that the proposed placement does not appear to becontrary to the interests of the child.

ARTICLE IV.  Penalty for Illegal Placement. The sending, bringing, or causing to be sent or brought into any receivingstate of a child in violation of the terms of this compact shall constitute aviolation of the laws respecting the placement of children of both the state inwhich the sending agency is located or from which it sends or brings the childand of the receiving state.  Such violation may be punished or subjected topenalty in either jurisdiction in accordance with its laws.  In addition toliability for any such punishment or penalty, any such violation shallconstitute full and sufficient grounds for the suspension or revocation of anylicense, permit, or other legal authorization held by the sending agency whichempowers or allows it to place, or care for the children.

ARTICLE V.  Retention of Jurisdiction.

(a)  The sending agency shall retainjurisdiction over the child sufficient to determine all matters in relation tothe custody, supervision, care, treatment and disposition of the child which itwould have had if the child had remained in the sending agency's state, untilthe child is adopted, reaches majority, becomes self-supporting or isdischarged with the concurrence of the appropriate authority in the receivingstate.  Such jurisdiction shall also include the power to effect or cause thereturn of the child or its transfer to another location and custody pursuant tolaw.  The sending agency shall continue to have financial responsibility forsupport and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receivingstate sufficient to deal with an act of delinquency or crime committed therein.

(b)  When the sending agency is a public agencyit may enter into an agreement with an authorized public or private agency inthe receiving state providing for the performance of one or more services inrespect of such case by the latter as agent for the sending agency.

(c)  Nothing in this compact shall be construedto prevent a private charitable agency authorized to place children in thereceiving state from performing services or acting as agent in that state for aprivate charitable agency of the sending state; nor to prevent the agency inthe receiving state from discharging financial responsibility for the supportand maintenance of a child who has been placed on behalf of the sending agencywithout relieving the responsibility set forth in paragraph (a) hereof.

ARTICLE VI.  Institutional Care ofDelinquent Children.  A child adjudicated delinquent may be placed in aninstitution in another party jurisdiction pursuant to this compact but no suchplacement shall be made unless the child is given a court hearing on notice tothe parent or guardian with opportunity to be heard, prior to his being sent tosuch other party jurisdiction for institutional care and the court finds that:

(1)  Equivalent facilities for the child are notavailable in the sending agency's jurisdiction; and

(2)  Institutional care in the other jurisdiction isin the best interest of the child and will not produce undue hardship.

ARTICLE VII.  Compact Administrator.  Theexecutive head of each jurisdiction party to this compact shall designate anofficer who shall be general coordinator of activities under this compact inhis jurisdiction and who, acting jointly with like officers of other partyjurisdictions, shall have power to promulgate rules and regulations to carryout more effectively the terms and provisions of this compact.

ARTICLE VIII.  Limitations.  Thiscompact shall not apply to:

(a)  The sending or bringing of a child into areceiving state by his parent, step-parent, grandparent, adult brother orsister, adult uncle or aunt, or his guardian and leaving the child with anysuch relative or non-agency guardian in the receiving state.

(b)  Any placement, sending, or bringing of achild into a receiving state pursuant to any other interstate compact to whichboth the state from which the child is sent or brought and the receiving stateare party, or to any other agreement between said states which has the force oflaw.

ARTICLE IX.  Enactment and Withdrawal.  Thiscompact shall be open to joinder by any state, territory or possession of theUnited States, the District of Columbia, the Commonwealth of Puerto Rico, and,with the consent of Congress, the Government of Canada or any provincethereof.  It shall become effective with respect to any such jurisdiction whensuch jurisdiction has enacted the same into law.  Withdrawal from this compactshall be by the enactment of a statute repealing the same, but shall not takeeffect until two years after the effective date of such statute and untilwritten notice of the withdrawal has been given by the withdrawing state to theGovernor of each other party jurisdiction.  Withdrawal of a party state shallnot affect the rights, duties and obligations under this compact of any sendingagency therein with respect to a placement made prior to the effective date ofwithdrawal.

ARTICLE X.  Construction and Severability.  Theprovisions of this compact shall be liberally construed to effectuate thepurposes thereof.  The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person or circumstance is heldinvalid, the validity of the remainder of this compact and the applicabilitythereof to any government, agency, person or circumstance shall not be affectedthereby.  If this compact shall be held contrary to the constitution of anystate party thereto, the compact shall remain in full force and effect as tothe remaining states and in full force and effect as to the state affected asto all severable matters. [L 1985, c 132, pt of §1]