CHAPTER 6. INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN
IC 31-28-6
Chapter 6. Interstate Compact for the Placement of Children
IC 31-28-6-1
Enactment; provision
Sec. 1. Subject to IC 31-28-4-1.5, the interstate compact for theplacement of children is enacted into law under this chapter andentered into with all other jurisdictions legally joining the compactin a form consistent with the compact terms and provisions as statedin this section in a form substantially as follows:
ARTICLE 1. PURPOSE
The purpose of this interstate compact for the placement ofchildren is to do the following:
(1) Provide a process through which children subject to thiscompact are placed in safe and suitable homes in a timelymanner.
(2) Facilitate ongoing supervision of a placement, the deliveryof services, and communication between the states.
(3) Provide operating procedures that will ensure that childrenare placed in safe and suitable homes in a timely manner.
(4) Provide for the adoption and enforcement of administrativerules implementing the provisions of this compact andregulating the covered activities of the member states.
(5) Provide for uniform data collection and information sharingbetween member states under this compact.
(6) Promote coordination between this compact, the InterstateCompact for Juveniles, the Interstate Compact on Adoption andMedical Assistance, and other compacts that affect theplacement of and that provide services to children otherwisesubject to this compact.
(7) Provide for a state's continuing legal jurisdiction andresponsibility for placement and care of a child that it wouldhave had if the placement were intrastate.
(8) Provide for the promulgation of guidelines, in collaborationwith Indian tribes, for interstate cases involving Indian childrenas is or may be permitted by federal law.
ARTICLE II. DEFINITIONS
The following definitions apply throughout this compact:
(1) "Approved placement" means the public child placingagency in the receiving state has determined that the placementis both safe and suitable for the child.
(2) "Assessment" means an evaluation of a prospectiveplacement by a public child placing agency in the receivingstate to determine whether the placement meets theindividualized needs of the child, including the child's safetyand stability, health and well-being, and mental, emotional, andphysical development. An assessment is applicable only to aplacement by a public child placing agency.
(3) "Certification" means to attest, declare, or swear to beforea judge or notary public. (4) "Child" means an individual who is less than eighteen (18)years of age.
(5) "Default" means the failure of a member state to perform theobligations or responsibilities imposed upon it by this compactor by the bylaws or rules of the interstate commission.
(6) "Home study" means an evaluation of a home environmentthat is conducted in accordance with the applicablerequirements of the state in which the home is located and thatdocuments the preparation and the suitability of the placementresource for placement of a child in accordance with the lawsand requirements of the state in which the home is located.
(7) "Indian tribe" means any Indian tribe, band, nation, or otherorganized group or community of Indians recognized as eligiblefor services provided to Indians by the Secretary of the Interiorbecause of their status as Indians, including any Alaskan nativevillage as defined in section 3(c) of the Alaska Native ClaimsSettlement Act, 43 U.S.C. 1602(c).
(8) "Interstate commission for the placement of children" meansthe commission that is created under Article VIII of thiscompact and that is generally referred to as "the interstatecommission".
(9) "Jurisdiction" means the power and authority of a court tohear and decide matters.
(10) "Legal risk adoption" means a placement made preliminaryto an adoption in which the prospective adoptive parentsacknowledge in writing that a child can be ordered returned tothe sending state or the birth mother's state of residence, ifdifferent from the sending state, and a final decree of adoptionshall not be entered in any jurisdiction until all requiredconsents are obtained or are dispensed with in accordance withapplicable law.
(11) "Legal risk placement" means legal risk adoption.
(12) "Member state" means a state that has enacted thiscompact.
(13) "Noncustodial parent" means a person who, at the time ofthe commencement of court proceedings in the sending state,does not have sole legal custody of the child or has joint legalcustody of a child, and who is not the subject of allegations orfindings of child abuse or neglect.
(14) "Nonmember state" means a state that has not enacted thiscompact.
(15) "Notice of residential placement" means informationregarding a placement into a residential facility that is providedto the receiving state, including, but not limited to, the name ofthe child, the date and place of birth of the child, the identityand address of the parent or legal guardian, evidence ofauthority to make the placement, and the name and address ofthe facility in which the child will be placed. The term alsoincludes information regarding a discharge and anyunauthorized absence from the facility. (16) "Placement" means the act by a public or private childplacing agency intended to arrange for the care or custody of achild in another state.
(17) "Private child placing agency" means any privatecorporation, agency, foundation, institution, or charitableorganization, or any private person or attorney, that facilitates,causes, or is involved in the placement of a child from one (1)state to another and that is not an instrumentality of the state oracting under color of state law.
(18) "Provisional placement" means a determination made bythe public child placing agency in the receiving state that thereceiving state has determined that the proposed placement issafe and suitable, and, to the extent allowable, the receivingstate has temporarily waived its standards or requirementsotherwise applicable to prospective foster or adoptive parentsso as not to delay the placement. Completion of the receivingstate requirements regarding training for prospective foster oradoptive parents shall not delay an otherwise safe and suitableplacement.
(19) "Public child placing agency" means any government childwelfare agency or child protection agency, or a private entityunder contract with such an agency, regardless of whether theagency or entity acts on behalf of a state, county, municipality,or other governmental unit, that facilitates, causes, or isinvolved in the placement of a child from one (1) state toanother.
(20) "Receiving state" means the state to which a child is sent,brought, or caused to be sent or brought.
(21) "Relative" means someone who is related to the child as aparent, stepparent, sibling by half or whole blood or byadoption, grandparent, aunt, uncle, or first cousin, or anonrelative with such significant ties to the child that they maybe regarded as relatives as determined by the court in thesending state.
(22) "Residential facility" means a facility providing a level ofcare that is sufficient to substitute for parental responsibility orfoster care and is beyond what is needed for assessment ortreatment of an acute condition. For purposes of the compact,residential facilities do not include institutions that areprimarily educational in character, hospitals, or other medicalfacilities.
(23) "Rule" means a written directive, mandate, standard, orprinciple that is issued by the interstate commission andpromulgated under Article XI of this compact, that is of generalapplicability, and that implements, interprets, or prescribes apolicy or provision of the compact. A rule has the force andeffect of an administrative rule in a member state, and includesthe amendment, repeal, or suspension of an existing rule.
(24) "Sending state" means the state from which the placementof a child is initiated. (25) "Service member's permanent duty station" means themilitary installation where an active duty armed servicesmember is currently assigned and is physically located undercompetent orders that do not specify the duty as temporary.
(26) "Service member's state of legal residence" means the statein which the active duty armed services member is considereda resident for tax and voting purposes.
(27) "State" means a state of the United States, the District ofColumbia, the Commonwealth of Puerto Rico, the U.S. VirginIslands, Guam, American Samoa, the Northern MarianasIslands, or any other territory of the United States.
(28) "State court" means a judicial body of a state that is vestedby law with responsibility for adjudicating cases involvingabuse, neglect, deprivation, delinquency, or status offenses ofindividuals less than eighteen (18) years of age.
(29) "Supervision" means monitoring provided by the receivingstate once a child has been placed in a receiving state under thiscompact.
ARTICLE III. APPLICABILITY
(a) Except as otherwise provided in subsection (b), this compactapplies to the following:
(1) The interstate placement of a child subject to ongoing courtjurisdiction in the sending state, due to allegations or findingsthat the child has been abused, neglected, or deprived as definedby the laws of the sending state. However, the placement ofsuch a child into a residential facility requires only notice ofresidential placement to the receiving state before placement.
(2) The interstate placement of a child adjudicated delinquentor unmanageable based on the laws of the sending state andsubject to ongoing court jurisdiction of the sending state if:
(A) the child is being placed in a residential facility inanother member state and is not covered under anothercompact; or
(B) the child is being placed in another member state and thedetermination of safety and suitability of the placement andservices required is not provided through another compact.
(3) The interstate placement of any child by a public childplacing agency or private child placing agency as defined in thiscompact as a preliminary step to a possible adoption.
(b) The provisions of this compact do not apply to the following:
(1) The interstate placement of a child in a custody proceedingin which a public child placing agency is not a party, if theplacement is not intended to effectuate an adoption.
(2) The interstate placement of a child with a nonrelative in areceiving state by a parent with the legal authority to make sucha placement. However, the placement is not intended toeffectuate an adoption.
(3) The interstate placement of a child by one (1) relative withthe lawful authority to make such a placement directly with arelative in a receiving state. (4) The placement of a child not subject to subsection (a) intoa residential facility by the child's parent.
(5) The placement of a child with a noncustodial parent if:
(A) the noncustodial parent proves to the satisfaction of acourt in the sending state a substantial relationship with thechild;
(B) the court in the sending state makes a written findingthat placement with the noncustodial parent is in the bestinterests of the child; and
(C) the court in the sending state dismisses its jurisdictionover the child's case.
(6) A child entering the United States from a foreign country forthe purpose of adoption or leaving the United States to go to aforeign country for the purpose of adoption in that country.
(7) Cases in which a United States citizen child living overseaswith the child's family, at least one (1) member of which is inthe United States armed services and is stationed overseas, isremoved and placed in a state.
(8) The sending of a child by a public child placing agency ora private child placing agency for a visit as defined by the rulesof the interstate commission.
(c) For purposes of determining the applicability of this compactto the placement of a child with a family having a member in theUnited States armed services, the public child placing agency orprivate child placing agency may choose the state of the servicemember's permanent duty station or the service member's declaredlegal residence.
(d) This compact shall not be construed to prohibit the concurrentapplication of the provisions of this compact with other applicableinterstate compacts, including the interstate compact for juvenilesand the interstate compact on adoption and medical assistance. Theinterstate commission may, in cooperation with other interstatecompact commissions having responsibility for the interstatemovement, placement, or transfer of children, promulgate like rulesto ensure the coordination of services, the timely placement ofchildren, and the reduction of unnecessary or duplicativeadministrative or procedural requirements.
ARTICLE IV. JURISDICTION
(a) Except as provided in subsection (g) and ARTICLE V,subsection (b)(2) and (b)(3), concerning private and independentadoptions, and in interstate placements in which the public childplacing agency is not a party to a custody proceeding, the sendingstate retains jurisdiction over a child with respect to all matters ofcustody and disposition of the child which it would have had if thechild had remained in the sending state. Jurisdiction also includes thepower to order the return of the child to the sending state.
(b) When an issue of child protection or custody is brought beforea court in the receiving state, the court shall confer with the court ofthe sending state to determine the most appropriate forum foradjudication. (c) In accordance with its own laws, the court in the sending stateshall have authority to terminate its jurisdiction if:
(1) the parent with whom the child is reunified in the receivingstate is the subject of allegations or findings of abuse or neglect,but only with the concurrence of the public child placing agencyin the receiving state;
(2) the child is adopted;
(3) the child reaches the age of majority under the laws of thesending state;
(4) the child achieves legal independence under the laws of thesending state;
(5) a guardianship is created by a court in the receiving statewith the concurrence of the court in the sending state;
(6) an Indian tribe has petitioned for and received jurisdictionfrom the court in the sending state; or
(7) the public child placing agency of the sending state requeststermination and has obtained the concurrence of the publicchild placing agency in the receiving state.
(d) When a sending state court terminates its jurisdiction, thereceiving state child placing agency shall be notified.
(e) Nothing in this article shall defeat a claim of jurisdiction by areceiving state court sufficient to deal with an act of truancy,delinquency, crime, or behavior that involves a child as defined bythe laws of the receiving state, that is committed by the child in thereceiving state, and that would be a violation of the laws of thereceiving state.
(f) This article does not limit the receiving state's ability to takeemergency jurisdiction for the protection of the child.
(g) The substantive laws of the state in which an adoption will befinalized shall solely govern all issues relating to the adoption of thechild, and the court in which the adoption proceeding is filed hassubject matter jurisdiction regarding all substantive issues relating tothe adoption, except:
(1) when the child is a ward of another court that establishedjurisdiction over the child prior to the placement;
(2) when the child is in the legal custody of a public agency inthe sending state; or
(3) when a court in the sending state has otherwiseappropriately assumed jurisdiction over the child, prior to thesubmission of the request for approval of placement.
(h) A final decree of adoption shall not be entered in anyjurisdiction until the placement is authorized as an approvedplacement by the public child placing agency in the receiving state.
ARTICLE V. PLACEMENT EVALUATION
(a) Before sending, bringing, or causing a child to be sent orbrought into a receiving state, the public child placing agency shallprovide a written request for assessment to the receiving state.
(b) For placements by a private child placing agency, a child maybe sent or brought, or caused to be sent or brought, into a receivingstate upon receipt and immediate review of the required content in a
request for approval of a placement by both the sending state's andthe receiving state's public child placing agency.. The requiredcontent to accompany a request for provisional approval shall includeall of the following:
(1) A request for approval identifying the child, the birthparent(s), the prospective adoptive parent(s), and thesupervising agency, signed by the person requesting approval.
(2) The appropriate consents or relinquishments signed by thebirth parents in accordance with the laws of the sending state,or where permitted, the laws of the state where the adoptionwill be finalized.
(3) Certification by a licensed attorney or authorized agent of aprivate adoption agency that the consent or relinquishment is incompliance with the applicable laws of the sending state, orwhere permitted the laws of the state where finalization of theadoption will occur.
(4) A home study.
(5) An acknowledgment of legal risk signed by the prospectiveadoptive parents...
(c) The sending state and the receiving state may requestadditional information or documents before finalization of anapproved placement, but they may not delay travel by the prospectiveadoptive parents with the child if the required content for approvalhas been submitted and has been received and reviewed by the publicchild placing agency in both the sending state and the receiving state.
(d) Approval from the public child placing agency in the receivingstate for a provisional or approved placement is required as providedfor in the rules of the interstate commission.
(e) The procedures for making and the request for an assessmentshall contain all information and be in such form as provided for inthe rules of the interstate commission.
(f) Upon receipt of a request from the public child welfare agencyof the sending state, the receiving state shall initiate an assessmentof the proposed placement to determine its safety and suitability. Ifthe proposed placement is a placement with a relative, the publicchild placing agency of the sending state may request a determinationof whether the placement qualifies as a provisional placement.
(g) Upon receipt of a request from the public child placing agencyof the sending state, the receiving state shall initiate an assessmentof the proposed placement to determine its safety and suitability. Ifthe proposed placement is a placement with a relative, the publicchild placing agency of the sending state may request a determinationfor a provisional placement.
(h) The public child placing agency in the receiving state mayrequest from the public child placing agency or the private childplacing agency in the sending state, and shall be entitled to receive,supporting or additional information necessary to complete theassessment.
(i) The public child placing agency in the receiving state shallapprove a provisional placement and complete or arrange for the
completion of the assessment within the timeframes established bythe rules of the interstate commission.
(j) For a placement by a private child placing agency, the sendingstate shall not impose any additional requirements to complete thehome study that are not required by the receiving state, unless theadoption is finalized in the sending state.
(k) The interstate commission may develop uniform standards forthe assessment of the safety and suitability of interstate placements.
ARTICLE VI. PLACEMENT AUTHORITY
(a) Except as otherwise provided in this compact, no child subjectto this compact shall be placed into a receiving state until approvalfor such placement is obtained.
(b) If the public child placing agency in the receiving state doesnot approve the proposed placement, the child shall not be placed.The receiving state shall provide written documentation of any suchdetermination in accordance with the rules promulgated by theinterstate commission. Such a determination is not subject to judicialreview in the sending state.
(c) If the proposed placement is not approved, any interested partyshall have standing to seek an administrative review of the receivingstate's determination.
(d) The administrative review and any further judicial reviewassociated with the determination shall be conducted in the receivingstate under its applicable administrative procedures.
(e) If a determination not to approve the placement of the child inthe receiving state is overturned upon review, the placement shall beconsidered approved. However, all administrative or judicialremedies must be exhausted or the time for such remedies must havepassed.
ARTICLE VII. PLACING AGENCY RESPONSIBILITY
(a) For the interstate placement of a child made by a public childplacing agency or state court:
(1) the public child placing agency in the sending state shallhave financial responsibility for:
(A) the ongoing support and maintenance for the childduring the period of the placement, unless otherwiseprovided for in the receiving state; and
(B) as determined by the public child placing agency in thesending state, services for the child beyond the publicservices for which the child is eligible in the receiving state;
(2) the receiving state shall have financial responsibility onlyfor:
(A) any assessment conducted by the receiving state; and
(B) supervision conducted by the receiving state at the levelnecessary to support the placement as agreed upon by thepublic child placing agencies of the receiving and sendingstates; and
(3) nothing in this compact prohibits public child placingagencies in the sending state from entering into agreements withlicensed agencies or persons in the receiving state to conduct
assessments and provide supervision.
(b) For the placement of a child by a private child placing agencypreliminary to a possible adoption, the private child placing agencyshall be:
(1) legally responsible for the child during the period ofplacement as provided for in the law of the sending state untilthe finalization of the adoption; and
(2) financially responsible for the child absent a contractualagreement to the contrary.
(c) The public child placing agency in the receiving state shallprovide timely assessments, as provided for in the rules of theinterstate commission.
(d) The public child placing agency in the receiving state shallprovide, or arrange for the provision of, supervision and services forthe child, including timely reports, during the period of theplacement.
(e) This compact does not limit the authority of the public childplacing agency in the receiving state to contract with a licensedagency or person in the receiving state for an assessment or theprovision of supervision or services for the child or otherwiseauthorize the provision of supervision or services by a licensedagency during the period of placement.
(f) Each member state shall provide for coordination among itsbranches of government concerning the state's participation in, andcompliance with, the compact and interstate commission activities,through the creation of an advisory council or use of an existing bodyor board.
(g) Each member state shall establish a central state compactoffice, which shall be responsible for state compliance with thecompact and the rules of the interstate commission.
(h) The public child placing agency in the sending state shalloversee compliance with the provisions of the Indian Child WelfareAct (25 U.S.C. 1901 et seq.) for placements subject to the provisionsof this compact, before placement.
(i) With the consent of the interstate commission, states may enterinto limited agreements that facilitate the timely assessment andprovision of services and supervision of placements under thiscompact.
ARTICLE VIII. INTERSTATE COMMISSION FOR THEPLACEMENT OF CHILDREN
The member states hereby establish, by way of this compact, acommission known as the "interstate commission for the placementof children". The activities of the interstate commission are theformation of public policy and are a discretionary state function. Theinterstate commission:
(1) is a joint commission of the member states and shall havethe responsibilities, powers, and duties set forth herein, andsuch additional powers as may be conferred upon it bysubsequent concurrent action of the respective legislatures ofthe member states; (2) consists of one (1) commissioner from each member state,who shall be appointed by the executive head of the statehuman services administration with ultimate responsibility forthe child welfare program, and who shall have the legalauthority to vote on policy related matters governed by thiscompact binding the state;
(3) operates under:
(A) a requirement that each member state represented at ameeting of the interstate commission is entitled to one (1)vote;
(B) a requirement that a majority of the member states shallconstitute a quorum for the transaction of business, unless alarger quorum is required by the bylaws of the interstatecommission;
(C) a requirement that a representative shall not delegate avote to another member state;
(D) a requirement that a representative may delegate votingauthority to another person from the same member state fora specified meeting; and
(E) a requirement that the interstate commission shallinclude, in addition to the commissioners of each memberstate, persons who are members of interested organizationsas defined in the bylaws or rules of the interstatecommission and who shall be ex officio and shall not beentitled to vote on any matter before the interstatecommission; and
(4) shall establish an executive committee, which shall have theauthority to administer the day to day operations andadministration of the interstate commission but does not havethe power to engage in rulemaking.
ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATECOMMISSION
The interstate commission has powers to do the following:
(1) Promulgate rules and take all necessary actions to effect thegoals, purposes, and obligations as enumerated in this compact.
(2) Provide for dispute resolution among member states.
(3) Issue, upon request of a member state, advisory opinionsconcerning the meaning or interpretation of the interstatecompact or the interstate commission's bylaws, rules, or actions.
(4) Enforce compliance with this compact or the bylaws or rulesof the interstate commission under Article XII.
(5) Collect standardized data concerning the interstateplacement of children subject to this compact as directedthrough its rules, which shall specify the data to be collected,the means of collection and data exchange, and reportingrequirements.
(6) Establish and maintain offices as may be necessary for thetransacting of its business.
(7) Purchase and maintain insurance and bonds.
(8) Hire or contract for services of personnel or consultants as
necessary to carry out its functions under the compact andestablish personnel qualification policies and rates ofcompensation.
(9) Establish and appoint committees and officers, including,but not limited to, an executive committee as required byArticle X.
(10) Accept any and all donations and grants of money,equipment, supplies, materials, and services, and receive, use,and dispose of the donations and grants.
(11) Lease, purchase, accept contributions or donations of, orotherwise own, hold, improve, or use any property, whetherreal, personal, or mixed.
(12) Sell, convey, mortgage, pledge, lease, exchange, abandon,or otherwise dispose of any property, whether real, personal, ormixed.
(13) Establish a budget and make expenditures.
(14) Adopt a seal and bylaws governing the management andoperation of the interstate commission.
(15) Report annually to the legislatures, the governors, thejudiciary, and the state advisory councils of the member statesconcerning the activities of the interstate commission during thepreceding year. Such reports shall also include anyrecommendations that may have been adopted by the interstatecommission.
(16) Coordinate and provide education, training, and publicawareness regarding the interstate movement of children forofficials involved in such activity.
(17) Maintain books and records in accordance with the bylawsof the interstate commission.
(18) Perform such functions as may be necessary or appropriateto achieve the purposes of this compact.
ARTICLE X. ORGANIZATION AND OPERATION OF THEINTERSTATE COMMISSION
(a) Bylaws.
(1) Within twelve (12) months after the first interstatecommission meeting, the interstate commission shall adoptbylaws to govern its conduct as may be necessary or appropriateto carry out the purposes of this compact.
(2) The interstate commission's bylaws and rules shall establishconditions and procedures under which the interstatecommission shall make its information and official recordsavailable to the public for inspection or copying. The interstatecommission may exempt from disclosure information or officialrecords to the extent they would adversely affect personalprivacy rights or proprietary interests.
(b) Meetings.
(1) The interstate commission shall meet at least once eachcalendar year. The chairperson may call additional meetingsand, upon the request of a simple majority of the member states,shall call additional meetings. (2) Public notice shall be given by the interstate commission ofall meetings, and all meetings shall be open to the public,except as set forth in the rules or as otherwise provided in thecompact. The interstate commission and its committees mayclose a meeting, or part of a meeting, where it determines bytwo-thirds (2/3) vote that an open meeting would be likely to:
(A) relate solely to the interstate commission's internalpersonnel practices and procedures;
(B) disclose matters specifically exempted from disclosureby federal law;
(C) disclose financial or commercial information that isprivileged, proprietary, or confidential in nature;
(D) involve accusing a person of a crime, or formallycensuring a person;
(E) disclose information of a personal nature wheredisclosure would constitute a clearly unwarranted invasionof personal privacy or physically endanger one (1) or morepersons;
(F) disclose investigative records compiled for lawenforcement purposes; or
(G) specifically relate to the interstate commission'sparticipation in a civil action or other legal proceeding.
(3) For a meeting, or part of a meeting, closed under thisprovision, the interstate commission's legal counsel or designeeshall certify that the meeting may be closed and shall referenceeach relevant exemption provision. The interstate commissionshall keep minutes that shall fully and clearly describe allmatters discussed in the meeting and shall provide a full andaccurate summary of actions taken and the reasons for theactions, including a description of the views expressed and therecord of a roll call vote. All documents considered inconnection with an action shall be identified in the minutes. Allminutes and documents of a closed meeting shall remain underseal, subject to release by a majority vote of the interstatecommission or by court order.
(4) The bylaws may provide for meetings of the interstatecommission to be conducted by telecommunication or otherelectronic communication.
(c) Officers and staff.
(1) The interstate commission may, through its executivecommittee, appoint or retain a staff director for such period,upon such terms and conditions, and for such compensation asthe interstate commission may consider appropriate. The staffdirector shall serve as secretary to the interstate commission,but shall not have a vote. The staff director may hire andsupervise such other staff as may be authorized by the interstatecommission.
(2) The interstate commission shall elect, from among itsmembers, a chairperson and a vice chairperson of the executivecommittee and other necessary officers, each of whom shall
have such authority and duties as may be specified in thebylaws.
(d) Qualified immunity, defense, and indemnification.
(1) The interstate commission's staff director and the employeesof the commission are immune from suit and liability, eitherpersonally or in official capacity, for a claim for damage to orloss of property or personal injury or other civil liability causedor arising out of or relating to any actual or alleged act, error, oromission that occurred, or that the staff director or employeehad a reasonable basis for believing occurred, within the scopeof commission employment, duties, or responsibilities. The staffdirector or an employee is not protected from suit or liability fordamage, loss, injury, or liability caused by a criminal act orintentional or willful and wanton misconduct.
(2) The liability of the interstate commission's staff director andemployees or interstate commission representatives, actingwithin the scope of such person's employment or duties, foracts, errors, or omissions occurring within such person's state,may not exceed the limits of liability set forth under theConstitution and laws of that state for state officials, employees,and agents. The interstate commission is considered to be aninstrumentality of the states for the purposes of any such action.Nothing in this subsection shall be construed to protect suchperson from suit or liability for damage, loss, injury, or liabilitycaused by a criminal act or the intentional or willful and wantonmisconduct of such person.
(3) The interstate commission shall defend the staff director andits employees and, subject to the approval of the attorneygeneral or other appropriate legal counsel of the member state,shall defend the commissioner of a member state in a civilaction seeking to impose liability arising out of an actual oralleged act, error, or omission that occurred within the scope ofinterstate commission employment, duties, or responsibilities,or that the defendant had a reasonable basis for believingoccurred within the scope of interstate commissionemployment, duties, or responsibilities, if the actual or allegedact, error, or omission did not result from intentional or willfuland wanton misconduct on the part of such person.
(4) To the extent not covered by the state involved, memberstate, or the interstate commission, the representatives oremployees of the interstate commission shall be held harmlessin the amount of a settlement or judgment, including attorney'sfees and costs, obtained against such persons arising out of anactual or alleged act, error, or omission that occurred within thescope of interstate commission employment, duties, orresponsibilities, or that such persons had a reasonable basis forbelieving occurred within the scope of interstate commissionemployment, duties, or responsibilities, if the actual or allegedact, error, or omission did not result from intentional or willfuland wanton misconduct on the part of such persons. ARTICLE XI. RULEMAKING FUNCTIONS OF THEINTERSTATE COMMISSION
(a) The interstate commission shall promulgate and publish rulesin order effectively and efficiently to achieve the purposes of thecompact.
(b) Rulemaking shall occur under the criteria set forth in thisarticle and the bylaws and rules adopted pursuant thereto. Suchrulemaking shall substantially conform to the principles of the"Model State Administrative Procedures Act," 1981 Act, UniformLaws Annotated, Vol. 15, p. 1 (2000), or such other administrativeprocedure acts as the interstate commission considers appropriateand consistent with due process requirements under the United StatesConstitution as now or hereafter interpreted by the United StatesSupreme Court. All rules and amendments shall become binding asof the date specified, as published with the final version of the ruleas approved by the interstate commission.
(c) When promulgating a rule, the interstate commission shall, ata minimum:
(1) publish the proposed rule's entire text, stating the reasons forthat proposed rule;
(2) allow and invite any and all persons to submit written data,facts, opinions, and arguments, which information shall beadded to the record and be made publicly available; and
(3) promulgate a final rule and its effective date, if appropriate,based on input from state or local officials or interested parties.
(d) Rules promulgated by the interstate commission shall have theforce and effect of administrative rules and shall be binding in thecompacting states to the extent and in the manner provided for in thiscompact.
(e) Not later than sixty (60) days after a rule is promulgated, aninterested person may file a petition in the U.S. District Court for theDistrict of Columbia or in the federal district court of the districtwhere the interstate commission's principal office is located forjudicial review of such rule. If the court finds that the interstatecommission's action is not supported by substantial evidence in therulemaking record, the court shall hold the rule unlawful and set itaside.
(f) A majority of the legislatures of the member states may rejecta rule by enacting, in the same manner used to adopt the compact, astatute or resolution that provides that the rule shall have no furtherforce and effect in any member state.
(g) The existing rules governing the operation of the interstatecompact on the placement of children that are superseded by this actshall be null and void not less than twelve (12), but not more thantwenty-four (24), months after the first meeting of the interstatecommission created hereunder, as determined by the members duringthe first meeting.
(h) Within the first twelve (12) months of operation, the interstatecommission shall promulgate rules addressing the following:
(1) Transition rules. (2) Forms and procedures.
(3) Time lines.
(4) Data collection and reporting.
(5) Rulemaking.
(6) Visitation.
(7) Progress reports/supervision.
(8) Sharing of information/confidentiality.
(9) Financing of the interstate commission.
(10) Mediation, arbitration, and dispute resolution.
(11) Education, training, and technical assistance.
(12) Enforcement.
(13) Coordination with other interstate compacts.
(i) Upon determination by a majority of the members of theinterstate commission that an emergency exists, the interstatecommission may promulgate an emergency rule, subject to thefollowing:
(1) The interstate commission may promulgate an emergencyrule only if the emergency rule is required to:
(A) protect the children covered by this compact from animminent threat to their health, safety, and well-being;
(B) prevent loss of federal or state funds; or
(C) meet a deadline for the promulgation of anadministrative rule required by federal law.
(2) An emergency rule shall become effective immediately uponadoption, provided that the usual rulemaking proceduresprovided hereunder shall be retroactively applied to the rule assoon as reasonably possible, but not later than ninety (90) daysafter the effective date of the emergency rule.
(3) An emergency rule shall be promulgated as provided for inthe rules of the interstate commission.
ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION,ENFORCEMENT
(a) Oversight.
(1) The interstate commission shall oversee the administrationand operation of the compact.
(2) The executive, legislative, and judicial branches of stategovernment in each member state shall enforce this compactand the rules of the interstate commission and shall take allactions necessary and appropriate to effectuate the compact'spurposes and intent. The compact and its rules shall be bindingin the compacting states to the extent and in the mannerprovided for in this compact.
(3) All courts shall take judicial notice of the compact and therules in any judicial or administrative proceeding in a memberstate pertaining to the subject matter of this compact.
(4) The interstate commission shall be entitled to receiveservice of process in any action in which the validity of acompact provision or rule is the issue for which a judicialdetermination has been sought and shall have standing tointervene in any proceedings. Failure to provide service of
process to the interstate commission shall render any judgment,order, or other determination, however so captioned orclassified, void as to the interstate commission, this compact, orthe bylaws or rules of the interstate commission.
(b) Dispute resolution.
(1) The interstate commission shall attempt, upon the request ofa member state, to resolve disputes that are subject to thecompact and that may arise among member states and betweenmember and nonmember states.
(2) The interstate commission shall promulgate a rule providingfor both mediation and binding dispute resolution for disputesamong compacting states. The costs of such mediation ordispute resolution shall be the responsibility of the parties to thedispute.
(c) Enforcement.
(1) If the interstate commission determines that a member statehas defaulted in the performance of its obligations orresponsibilities under this compact, its bylaws, or rules, theinterstate commission may:
(A) provide remedial training and specific technicalassistance;
(B) provide written notice to the defaulting state and othermember states of the nature of the default and the means ofcuring the default. The interstate commission shall specifythe conditions by which the defaulting state must cure itsdefault;
(C) by majority vote of the members, initiate against adefaulting member state legal action in the United StatesDistrict Court for the District of Columbia or, at thediscretion of the interstate commission, in the federal districtwhere the interstate commission has its principal office, toenforce compliance with the provisions of the compact orwith the interstate commission's bylaws or rules. The reliefsought may include both injunctive relief and damages. Ifjudicial enforcement is necessary, the prevailing party shallbe awarded all costs of such litigation, including reasonableattorney's fees; or
(D) avail itself of any other remedies available under statelaw or the rules relating to the regulation of official orprofessional conduct.
ARTICLE XIII. FINANCING OF THE COMMISSION
(a) The interstate commission shall pay or provide for thepayment of the reasonable expenses of its establishment,organization, and ongoing activities.
(b) The interstate commission may levy on and collect an annualassessment from each member state to cover the cost of theoperations and activities of the interstate commission and its staff,which must be in a total amount sufficient to cover the interstatecommission's annual budget as approved by its members each year.The aggregate annual assessment amount shall be allocated based
upon a formula to be determined by the interstate commission, whichshall promulgate a rule binding upon all member states.
(c) The interstate commission shall not incur obligations of anykind before securing the funds adequate to meet the obligations. Theinterstate commission shall not pledge the credit of any of themember states, except by and with the authority of the member state.
(d) The interstate commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of theinterstate commission shall be subject to the audit and accountingprocedures established under its bylaws. However, all receipts anddisbursements of funds handled by the interstate commission shall beaudited yearly by a certified or licensed public accountant, and thereport of the audit shall be included in and become part of the annualreport of the interstate commission.
ARTICLE XIV. MEMBER STATES, AMENDMENT
(a) Any state is eligible to become a member state.
(b) The compact shall become effective and binding uponlegislative enactment of the compact into law by thirty-five (35)states. The effective date shall be the later of July 1, 2007, or uponenactment of the compact into law by the thirty-fifth state.Thereafter, the compact shall become effective and binding as to anyother member state upon enactment of the compact into law by thatstate. The executive heads of the state human services administrationwith ultimate responsibility for the child welfare program ofnonmember states or their designees shall be invited to participate inthe activities of the interstate commission on a nonvoting basisbefore adoption of the compact by all states.
(c) The interstate commission may propose amendments to thecompact for enactment by the member states. No amendment shallbecome effective and binding on the member states unless and untilit is enacted into law by unanimous consent of the member states.
ARTICLE XV. WITHDRAWAL AND DISSOLUTION
(a) Withdrawal.
(1) Once effective, this compact continues in force and remainsbinding upon each and every member state. However, a memberstate may withdraw from the compact by specifically repealingthe statute that enacted the compact into law.
(2) Withdrawal from this compact shall be by the enactment ofa statute repealing the statute establishing the compact. Theeffective date of withdrawal is the effective date of the repealof the statute.
(3) The withdrawing state shall immediately notify thepresident of the interstate commission in writing upon theintroduction of legislation repealing this compact in thewithdrawing state. The interstate commission shall then notifythe other member states of the withdrawing state's intent towithdraw.
(4) The withdrawing state is responsible for all assessments,obligations, and liabilities incurred through the effective date ofwithdrawal. (5) Reinstatement following withdrawal of a member state shalloccur upon the withdrawing state reenacting the compact orupon such later date as determined by the members of theinterstate commission.
(b) Dissolution of compact.
(1) This compact shall dissolve effective upon the date of thewithdrawal or default of the member state that reduces themembership in the compact to one (1) member state.
(2) Upon the dissolution of this compact, the compact becomesvoid and is of no further force or effect, and the business andaffairs of the interstate commission shall be concluded andsurplus funds shall be distributed in accordance with thebylaws.
ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
(a) The provisions of this compact shall be severable, and if anyphrase, clause, sentence, or provision is considered unenforceable,the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally construed toeffectuate its purposes.
(c) Nothing in this compact shall be construed to prohibit theconcurrent applicability of other interstate compacts to which thestates are members.
ARTICLE XVII. BINDING EFFECT OF COMPACT ANDOTHER LAWS
(a) Other laws.
(1) This compact does not prevent the enforcement of any otherlaw of a member state that is not inconsistent with this compact.
(2) All member states' laws conflicting with this compact or itsrules are superseded to the extent of the conflict.
(b) Binding effect of this compact.
(1) All lawful actions of the interstate commission, including allrules and bylaws promulgated by the interstate commission, arebinding upon the member states.
(2) All agreements between the interstate commission and themember states are binding in accordance with their terms.
(3) If any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, theprovision is ineffective to the extent of the conflict with theconstitutional provision in question in that member state.
ARTICLE XVIII. INDIAN TRIBES
Notwithstanding any other provision in this compact, theinterstate commission may promulgate guidelines to permit Indiantribes to use the compact to achieve any or all of the purposes of thecompact as specified in Article I. The interstate commission shallmake reasonable efforts to consult with Indian tribes in promulgatingguidelines to reflect the diverse circumstances of the various Indiantribes.
As added by P.L.143-2008, SEC.12.