State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1103

43-1103. Interstate Compact for the Placementof Children.ARTICLE I. PURPOSEThe purpose of this Interstate Compactfor the Placement of Children is to:A. Providea process through which children subject to this compact are placed in safeand suitable homes in a timely manner.B. Facilitate ongoing supervision of a placement,the delivery of services, and communication between the states.C. Provideoperating procedures that will ensure that children are placed in safe andsuitable homes in a timely manner.D. Provide for the promulgation and enforcementof administrative rules implementing the provisions of this compact and regulatingthe covered activities of the member states.E. Provide for uniformdata collection and information sharing between member states under this compact.F. Promotecoordination between this compact, the Interstate Compact for Juveniles, theInterstate Compact on Adoption and Medical Assistance and other compacts affectingthe placement of and which provide services to children otherwise subjectto this compact.G. Provide for a state's continuing legal jurisdiction and responsibilityfor placement and care of a child that it would have had if the placementwere intrastate.H. Provide for the promulgation of guidelines, in collaborationwith Indian tribes, for interstate cases involving Indian children as is ormay be permitted by federal law.ARTICLE II. DEFINITIONSAs used inthis compact,A. "Approved placement" means the public child-placing agency inthe receiving state has determined that the placement is both safe and suitablefor the child.B. "Assessment" means an evaluation of a prospective placement bya public child-placing agency in the receiving state to determine if the placementmeets the individualized needs of the child, including, but not limited to,the child's safety and stability, health and well-being, and mental, emotional,and physical development. An assessment is only applicable to a placementby a public child-placing agency.C. "Child" means an individual who has notattained the age of eighteen (18).D. "Certification" means to attest, declareor swear to before a judge or notary public.E. "Default" means thefailure of a member state to perform the obligations or responsibilities imposedupon it by this compact, the bylaws or rules of the Interstate Commission.F. "Home study"means an evaluation of a home environment conducted in accordance with theapplicable requirements of the state in which the home is located, and documentsthe preparation and the suitability of the placement resource for placementof a child in accordance with the laws and requirements of the state in whichthe home is located.G. "Indian tribe" means any Indian tribe, band, nation, or otherorganized group or community of Indians recognized as eligible for servicesprovided to Indians by the Secretary of the Interior because of their statusas Indians, including any Alaskan native village as defined in section 3(c)of the Alaska Native Claims Settlement Act, 43 U.S.C. 11 section 1602(c).H. "InterstateCommission for the Placement of Children" means the commission that is createdunder Article VIII of this compact and which is generally referred to as theInterstate Commission.I. "Jurisdiction" means the power and authority of a court to hearand decide matters.J. "Legal Risk Placement" ("Legal Risk Adoption") means a placementmade preliminary to an adoption where the prospective adoptive parents acknowledgein writing that a child can be ordered returned to the sending state or thebirth mother's state of residence, if different from the sending state, anda final decree of adoption shall not be entered in any jurisdiction untilall required consents are obtained or are dispensed with in accordance withapplicable law.K. "Member state" means a state that has enacted this compact.L. "Noncustodialparent" means a person who, at the time of the commencement of court proceedingsin the sending state, does not have sole legal custody of the child or hasjoint legal custody of a child, and who is not the subject of allegationsor findings of child abuse or neglect.M. "Nonmember state" means a state whichhas not enacted this compact.N. "Notice of residential placement" meansinformation regarding a placement into a residential facility provided tothe receiving state including, but not limited to, the name, date, and placeof birth of the child, the identity and address of the parent or legal guardian,evidence of authority to make the placement, and the name and address of thefacility in which the child will be placed. Notice of residential placementshall also include information regarding a discharge and any unauthorizedabsence from the facility.O. "Placement" means the act by a publicor private child-placing agency intended to arrange for the care or custodyof a child in another state.P. "Private child-placing agency" meansany private corporation, agency, foundation, institution, or charitable organization,or any private person or attorney that facilitates, causes, or is involvedin the placement of a child from one state to another and that is not an instrumentalityof the state or acting under color of state law.Q. "Provisional placement"means a determination made by the public child-placing agency in the receivingstate that the proposed placement is safe and suitable, and, to the extentallowable, the receiving state has temporarily waived its standards or requirementsotherwise applicable to prospective foster or adoptive parents so as to notdelay the placement. Completion of the receiving state requirements regardingtraining for prospective foster or adoptive parents shall not delay an otherwisesafe and suitable placement.R. "Public child-placing agency" means anygovernment child welfare agency or child protection agency or a private entityunder contract with such an agency, regardless of whether they act on behalfof a state, county, municipality or other governmental unit and which facilitates,causes, or is involved in the placement of a child from one state to another.S. "Receivingstate" means the state to which a child is sent, brought, or caused to besent or brought.T. "Relative" means someone who is related to the child as a parent,stepparent, sibling by half or whole blood or by adoption, grandparent, aunt,uncle, or first cousin or a nonrelative with such significant ties to thechild that they may be regarded as relatives as determined by the court inthe sending state.U. "Residential Facility" means a facility providing a level ofcare that is sufficient to substitute for parental responsibility or fostercare and is beyond what is needed for assessment or treatment of an acutecondition. For purposes of the compact, residential facilities do not includeinstitutions primarily educational in character, hospitals, or other medicalfacilities.V. "Rule" means a written directive, mandate, standard, or principleissued by the Interstate Commission promulgated pursuant to Article XI ofthis compact that is of general applicability and that implements, interprets,or prescribes a policy or provision of the compact. "Rule" has the force andeffect of an administrative rule in a member state, and includes the amendment,repeal, or suspension of an existing rule.W. "Sending state" means the state fromwhich the placement of a child is initiated.X. "Service member's permanentduty station" means the military installation where an active duty Armed Servicesmember is currently assigned and is physically located under competent ordersthat do not specify the duty as temporary.Y. "Service member's state of legal residence"means the state in which the active duty Armed Services member is considereda resident for tax and voting purposes.Z. "State" means a state of the United States,the District of Columbia, the Commonwealth of Puerto Rico, the U.S. VirginIslands, Guam, American Samoa, the Northern Mariana Islands, and any otherterritory of the United States.AA. "State court" means a judicial bodyof a state that is vested by law with responsibility for adjudicating casesinvolving abuse, neglect, deprivation, delinquency, or status offenses ofindividuals who have not attained the age of eighteen (18).BB. "Supervision"means monitoring provided by the receiving state once a child has been placedin a receiving state pursuant to this compact.ARTICLE III. APPLICABILITYA. Except asotherwise provided in Article III, Section B, this compact shall apply to:1. The interstateplacement of a child subject to ongoing court jurisdiction in the sendingstate, due to allegations or findings that the child has been abused, neglected,or deprived as defined by the laws of the sending state, provided, however,that the placement of such a child into a residential facility shall onlyrequire notice of residential placement to the receiving state prior to placement.2. The interstateplacement of a child adjudicated delinquent or unmanageable based on the lawsof the sending state and subject to ongoing court jurisdiction of the sendingstate if:a. the child is being placed in a residential facility in anothermember state and is not covered under another compact; orb. the childis being placed in another member state and the determination of safety andsuitability of the placement and services required is not provided throughanother compact.3. The interstate placement of any child by a public child-placingagency or private child-placing agency as defined in this compact as a preliminarystep to a possible adoption.B. The provisions of this compact shallnot apply to:1. The interstate placement of a child in a custody proceeding inwhich a public child-placing agency is not a party, provided the placementis not intended to effectuate an adoption.2. The interstate placement of a child witha nonrelative in a receiving state by a parent with the legal authority tomake such a placement provided, however, that the placement is not intendedto effectuate an adoption.3. The interstate placement of a child byone relative with the lawful authority to make such a placement directly witha relative in a receiving state.4. The placement of a child, not subjectto Article III, Section A, into a residential facility by his or her parent.5. The placementof a child with a noncustodial parent provided that:a. The noncustodial parentproves to the satisfaction of a court in the sending state a substantial relationshipwith the child; andb. The court in the sending state makes a written finding that placementwith the noncustodial parent is in the best interests of the child; andc. The courtin the sending state dismisses its jurisdiction in interstate placements inwhich the public child-placing agency is a party to the proceeding.6. A childentering the United States from a foreign country for the purpose of adoptionor leaving the United States to go to a foreign country for the purpose ofadoption in that country.7. Cases in which a U.S. citizen child living overseas with hisfamily, at least one of whom is in the U.S. Armed Services, and who is stationedoverseas, is removed and placed in a state.8. The sending of a child by a public child-placingagency or a private child-placing agency for a visit as defined by the rulesof the Interstate Commission.C. For purposes of determining the applicabilityof this compact to the placement of a child with a family in the Armed Services,the public child-placing agency or private child-placing agency may choosethe state of the service member's permanent duty station or the service member'sdeclared legal residence.D. Nothing in this compact shall be construed to prohibit the concurrentapplication of the provisions of this compact with other applicable interstatecompacts, including the Interstate Compact for Juveniles and the InterstateCompact on Adoption and Medical Assistance. The Interstate Commission mayin cooperation with other interstate compact commissions having responsibilityfor the interstate movement, placement, or transfer of children, promulgatelike rules to ensure the coordination of services, timely placement of children,and the reduction of unnecessary or duplicative administrative or proceduralrequirements.ARTICLE IV. JURISDICTIONA. Except as provided in Article IV, SectionH, and Article V, Section B, paragraph two and three, concerning private andindependent adoptions, and in interstate placements in which the public child-placingagency is not a party to a custody proceeding, the sending state shall retainjurisdiction over a child with respect to all matters of custody and dispositionof the child which it would have had if the child had remained in the sendingstate. Such jurisdiction shall also include the power to order the returnof the child to the sending state.B. When an issue of child protection orcustody is brought before a court in the receiving state, such court shallconfer with the court of the sending state to determine the most appropriateforum for adjudication.C. In cases that are before courts and subject to this compact,the taking of testimony for hearings before any judicial officer may occurin person or by telephone, audio-video conference, or such other means asapproved by the rules of the Interstate Commission; and Judicial officersmay communicate with other judicial officers and persons involved in the interstateprocess as may be permitted by their Canons of Judicial Conduct and any rulespromulgated by the Interstate Commission.D. In accordance with its own laws, thecourt in the sending state shall have authority to terminate its jurisdictionif:1. The child is reunified with the parent in the receiving statewho is the subject of allegations or findings of abuse or neglect, only withthe concurrence of the public child-placing agency in the receiving state;or2. The child is adopted; or3. The child reaches the age of majorityunder the laws of the sending state; or4. The child achieves legal independencepursuant to the laws of the sending state; or5. A guardianship is createdby a court in the receiving state with the concurrence of the court in thesending state; or6. An Indian tribe has petitioned for and received jurisdictionfrom the court in the sending state; or7. The public child-placing agency of thesending state requests termination and has obtained the concurrence of thepublic child-placing agency in the receiving state.E. When a sending statecourt terminates its jurisdiction, the receiving state child-placing agencyshall be notified.F. Nothing in this article shall defeat a claim of jurisdictionby a receiving state court sufficient to deal with an act of truancy, delinquency,crime, or behavior involving a child as defined by the laws of the receivingstate committed by the child in the receiving state which would be a violationof its laws.G. Nothing in this article shall limit the receiving state's abilityto take emergency jurisdiction for the protection of the child.H. The substantivelaws of the state in which an adoption will be finalized shall solely governall issues relating to the adoption of the child and the court in which theadoption proceeding is filed shall have subject matter jurisdiction regardingall substantive issues relating to the adoption, except:1. when thechild is a ward of another court that established jurisdiction over the childprior to the placement; or2. when the child is in the legal custodyof a public agency in the sending state; or3. when a court in the sending state hasotherwise appropriately assumed jurisdiction over the child, prior to thesubmission of the request for approval of placement.I. A final decree of adoptionshall not be entered in any jurisdiction until the placement is authorizedas an "approved placement" by the public child-placing agency in the receivingstate.ARTICLE V. PLACEMENT EVALUATIONA. Prior to sending, bringing, or causinga child to be sent or brought into a receiving state, the public child-placingagency shall provide a written request for assessment to the receiving state.B. For placementsby a private child-placing agency, a child may be sent or brought, or causedto be sent or brought, into a receiving state, upon receipt and immediatereview of the required content in a request for approval of a placement inboth the sending and receiving state public child-placing agency. The requiredcontent to accompany a request for approval shall include all of the following:1. A requestfor approval identifying the child, the birth parent(s), the prospective adoptiveparent(s), and the supervising agency, signed by the person requesting approval;and2. The appropriate consents or relinquishments signed by the birthparents in accordance with the laws of the sending state, or, where permitted,the laws of the state where the adoption will be finalized; and3. Certificationby a licensed attorney or authorized agent of a private adoption agency thatthe consent or relinquishment is in compliance with the applicable laws ofthe sending state, or where permitted the laws of the state where finalizationof the adoption will occur; and4. A home study; and5. An acknowledgmentof legal risk signed by the prospective adoptive parents.C. The sendingstate and the receiving state may request additional information or documentsprior to finalization of an approved placement, but they may not delay travelby the prospective adoptive parents with the child if the required contentfor approval has been submitted, received, and reviewed by the public child-placingagency in both the sending state and the receiving state.D. Approvalfrom the public child-placing agency in the receiving state for a provisionalor approved placement is required as provided for in the rules of the InterstateCommission.E. The procedures for making and the request for an assessmentshall contain all information and be in such form as provided for in the rulesof the Interstate Commission.F. Upon receipt of a request from the publicchild-placing agency of the sending state, the receiving state shall initiatean assessment of the proposed placement to determine its safety and suitability.If the proposed placement is a placement with a relative, the public child-placingagency of the sending state may request a determination for a provisionalplacement.G. The public child-placing agency in the receiving state may requestfrom the public child-placing agency or the private child-placing agency inthe sending state, and shall be entitled to receive supporting or additionalinformation necessary to complete the assessment or approve the placement.H. The publicchild-placing agency in the receiving state shall approve a provisional placementand complete or arrange for the completion of the assessment within the timeframesestablished by the rules of the Interstate Commission.I. For a placementby a private child-placing agency, the sending state shall not impose anyadditional requirements to complete the home study that are not required bythe receiving state, unless the adoption is finalized in the sending state.J. The InterstateCommission may develop uniform standards for the assessment of the safetyand suitability of interstate placements.ARTICLE VI. PLACEMENT AUTHORITYA. Exceptas otherwise provided in this compact, no child subject to this compact shallbe placed into a receiving state until approval for such placement is obtained.B. If thepublic child-placing agency in the receiving state does not approve the proposedplacement then the child shall not be placed. The receiving state shall providewritten documentation of any such determination in accordance with the rulespromulgated by the Interstate Commission. Such determination is not subjectto judicial review in the sending state.C. If the proposed placement is not approved,any interested party shall have standing to seek an administrative reviewof the receiving state's determination.1. The administrative review and any furtherjudicial review associated with the determination shall be conducted in thereceiving state pursuant to its applicable administrative procedures act.2. If a determinationnot to approve the placement of the child in the receiving state is overturnedupon review, the placement shall be deemed approved, provided, however, thatall administrative or judicial remedies have been exhausted or the time forsuch remedies has passed.ARTICLE VII. PLACING AGENCY RESPONSIBILITYA. For the interstateplacement of a child made by a public child-placing agency or state court:1. The publicchild-placing agency in the sending state shall have financial responsibilityfor:a. the ongoing support and maintenance for the child during theperiod of the placement, unless otherwise provided for in the receiving state;andb. as determined by the public child-placing agency in the sendingstate, services for the child beyond the public services for which the childis eligible in the receiving state.2. The receiving state shall only havefinancial responsibility for:a. any assessment conducted by the receivingstate; andb. supervision conducted by the receiving state at the level necessaryto support the placement as agreed upon by the public child-placing agenciesof the receiving and sending state.3. Nothing in this provision shall prohibitpublic child-placing agencies in the sending state from entering into agreementswith licensed agencies or persons in the receiving state to conduct assessmentsand provide supervision.B. For the placement of a child by a private child-placing agencypreliminary to a possible adoption, the private child-placing agency shallbe:1. Legally responsible for the child during the period of placementas provided for in the law of the sending state until the finalization ofthe adoption.2. Financially responsible for the child absent a contractual agreementto the contrary.C. The public child-placing agency in the receiving state shallprovide timely assessments, as provided for in the rules of the InterstateCommission.D. The public child-placing agency in the receiving state shallprovide, or arrange for the provision of, supervision and services for thechild, including timely reports, during the period of the placement.E. Nothingin this compact shall be construed as to limit the authority of the publicchild-placing agency in the receiving state from contracting with a licensedagency or person in the receiving state for an assessment or the provisionof supervision or services for the child or otherwise authorizing the provisionof supervision or services by a licensed agency during the period of placement.F. Each memberstate shall provide for coordination among its branches of government concerningthe state's participation in, and compliance with, the compact and InterstateCommission activities, through the creation of an advisory council or useof an existing body or board.G. Each member state shall establish acentral state compact office, which shall be responsible for state compliancewith the compact and the rules of the Interstate Commission.H. The publicchild-placing agency in the sending state shall oversee compliance with theprovisions of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., for placementssubject to the provisions of this compact, prior to placement.I. With theconsent of the Interstate Commission, states may enter into limited agreementsthat facilitate the timely assessment and provision of services and supervisionof placements under this compact.ARTICLE VIII. INTERSTATE COMMISSION FORTHE PLACEMENT OF CHILDRENThe member states hereby establish, by way of this compact, a commissionknown as the "Interstate Commission for the Placement of Children." The activitiesof the Interstate Commission are the formation of public policy and are adiscretionary state function. The Interstate Commission shall:A. Be a jointcommission of the member states and shall have the responsibilities, powersand duties set forth herein, and such additional powers as may be conferredupon it by subsequent concurrent action of the respective legislatures ofthe member states.B. Consist of one commissioner from each member state who shallbe appointed by the executive head of the state human services administrationwith ultimate responsibility for the child welfare program. The appointedcommissioner shall have the legal authority to vote on policy related mattersgoverned by this compact binding the state.1. Each member state represented at a meetingof the Interstate Commission is entitled to one vote.2. A majority of themember states shall constitute a quorum for the transaction of business, unlessa larger quorum is required by the bylaws of the Interstate Commission.3. A representativeshall not delegate a vote to another member state.4. A representative maydelegate voting authority to another person from their state for a specifiedmeeting.C. In addition to the commissioners of each member state, the InterstateCommission shall include persons who are members of interested organizationsas defined in the bylaws or rules of the Interstate Commission. Such membersshall be ex officio and shall not be entitled to vote on any matter beforethe Interstate Commission.D. Establish an executive committee whichshall have the authority to administer the day-to-day operations and administrationof the Interstate Commission. It shall not have the power to engage in rulemaking.ARTICLE IX.POWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe Interstate Commissionshall have the following powers:A. To promulgate rules and take all necessaryactions to effect the goals, purposes, and obligations as enumerated in thiscompact.B. To provide for dispute resolution among member states.C. To issue,upon request of a member state, advisory opinions concerning the meaning orinterpretation of the interstate compact, its bylaws, rules, or actions.D. To enforcecompliance with this compact or the bylaws or rules of the Interstate Commissionpursuant to Article XII of this compact.E. To collect standardized data concerningthe interstate placement of children subject to this compact as directed throughits rules which shall specify the data to be collected, the means of collectionand data exchange and reporting requirements.F. To establish and maintainoffices as may be necessary for the transacting of its business.G. To purchaseand maintain insurance and bonds.H. To hire or contract for services ofpersonnel or consultants as necessary to carry out its functions under thecompact and establish personnel qualification policies, and rates of compensation.I. To establishand appoint committees and officers, including, but not limited to, an executivecommittee as required by Article X of this compact.J. To accept any andall donations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose thereof.K. To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve,or use any property, real, personal, or mixed.L. To sell, convey, mortgage,pledge, lease, exchange, abandon, or otherwise dispose of any property, real,personal, or mixed.M. To establish a budget and make expenditures.N. To adopta seal and bylaws governing the management and operation of the InterstateCommission.O. To report annually to the legislatures, governors, the judiciary,and state advisory councils of the member states concerning the activitiesof the Interstate Commission during the preceding year. Such reports shallalso include any recommendations that may have been adopted by the InterstateCommission.P. To coordinate and provide education, training and public awarenessregarding the interstate movement of children for officials involved in suchactivity.Q. To maintain books and records in accordance with the bylawsof the Interstate Commission.R. To perform such functions as may benecessary or appropriate to achieve the purposes of this compact.ARTICLE X.ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONA. Bylaws1. Withintwelve months after the first Interstate Commission meeting, the InterstateCommission shall adopt bylaws to govern its conduct as may be necessary orappropriate to carry out the purposes of the compact.2. The Interstate Commission'sbylaws and rules shall establish conditions and procedures under which theInterstate Commission shall make its information and official records availableto the public for inspection or copying. The Interstate Commission may exemptfrom disclosure information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.B. Meetings1. The InterstateCommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of a simple majority of themember states shall call additional meetings.2. Public notice shallbe given by the Interstate Commission of all meetings and all meetings shallbe open to the public, except as set forth in the rules or as otherwise providedin the compact. The Interstate Commission and its committees may close a meeting,or portion thereof, where it determines by two-thirds vote that an open meetingwould be likely to:a. relate solely to the Interstate Commission's internal personnelpractices and procedures; orb. disclose matters specifically exemptedfrom disclosure by federal law; orc. disclose financial or commercial informationwhich is privileged, proprietary, or confidential in nature; ord. involveaccusing a person of a crime, or formally censuring a person; ore. discloseinformation of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy or physically endanger one or morepersons; orf. disclose investigative records compiled for law enforcementpurposes; org. specifically relate to the Interstate Commission's participationin a civil action or other legal proceeding.3. For a meeting, orportion of a meeting, closed pursuant to this provision, the Interstate Commission'slegal counsel or designee shall certify that the meeting may be closed andshall reference each relevant exemption provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all matters discussedin a meeting and shall provide a full and accurate summary of actions taken,and the reasons therefor, including a description of the views expressed andthe record of a roll call vote. All documents considered in connection withan action shall be identified in such minutes. All minutes and documents ofa closed meeting shall remain under seal, subject to release by a majorityvote of the Interstate Commission or by court order.4. The bylaws may providefor meetings of the Interstate Commission to be conducted by telecommunicationor other electronic communication.C. Officers and Staff1. The InterstateCommission may, through its executive committee, appoint or retain a staffdirector for such period, upon such terms and conditions and for such compensationas the Interstate Commission may deem appropriate. The staff director shallserve as secretary to the Interstate Commission, but shall not have a vote.The staff director may hire and supervise such other staff as may be authorizedby the Interstate Commission.2. The Interstate Commission shall elect,from among its members, a chairperson and a vice-chairperson of the executivecommittee and other necessary officers, each of whom shall have such authorityand duties as may be specified in the bylaws.D. Qualified Immunity,Defense and Indemnification1. The Interstate Commission's staff directorand its employees shall be immune from suit and liability, either personallyor in their official capacity, for a claim for damage to or loss of propertyor personal injury or other civil liability caused or arising out of or relatingto an actual or alleged act, error, or omission that occurred, or that suchperson had a reasonable basis for believing occurred within the scope of Commissionemployment, duties, or responsibilities; provided, that such person shallnot be protected from suit or liability for damage, loss, injury, or liabilitycaused by a criminal act or the intentional or willful and wanton misconductof such person.a. The liability of the Interstate Commission's staff directorand employees or Interstate Commission representatives, acting within thescope of such person's employment or duties for acts, errors, or omissionsoccurring within such person's state may not exceed the limits of liabilityset forth under the Constitution and laws of that state for state officials,employees, and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by a criminal act or the intentional orwillful and wanton misconduct of such person.b. The Interstate Commissionshall defend the staff director and its employees and, subject to the approvalof the Attorney General or other appropriate legal counsel of the member stateshall defend the commissioner of a member state in a civil action seekingto impose liability arising out of an actual or alleged act, error, or omissionthat occurred within the scope of Interstate Commission employment, duties,or responsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.c. To the extent not covered by the state involved, member state,or the Interstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arisingout of an actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities, orthat such persons had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities, providedthat the actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.ARTICLE XI.RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The Interstate Commissionshall promulgate and publish rules in order to effectively and efficientlyachieve the purposes of the compact.B. Rulemaking shall occur pursuant to thecriteria set forth in this article and the bylaws and rules adopted pursuantthereto. Such rulemaking shall substantially conform to the principles ofthe "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated,Vol. 15, p. 1 (2000), or such other administrative procedure acts as the InterstateCommission deems appropriate consistent with due process requirements underthe United States Constitution as now or hereafter interpreted by the UnitedStates Supreme Court. All rules and amendments shall become binding as ofthe date specified, as published with the final version of the rule as approvedby the Interstate Commission.C. When promulgating a rule, the InterstateCommission shall, at a minimum:1. Publish the proposed rule's entire textstating the reason(s) for that proposed rule; and2. Allow and invite anyand all persons to submit written data, facts, opinions, and arguments, whichinformation shall be added to the record, and be made publicly available;and3. Promulgate a final rule and its effective date, if appropriate,based on input from state or local officials, or interested parties.D. Rules promulgatedby the Interstate Commission shall have the force and effect of administrativerules and shall be binding in the compacting states to the extent and in themanner provided for in this compact.E. Not later than sixty days after a ruleis promulgated, an interested person may file a petition in the U.S. DistrictCourt for the District of Columbia or in the Federal District Court wherethe Interstate Commission's principal office is located for judicial reviewof such rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside.F. If a majority of thelegislatures of the member states rejects a rule, those states may by enactmentof a statute or resolution in the same manner used to adopt the compact causethat such rule shall have no further force and effect in any member state.G. The existingrules governing the operation of the Interstate Compact on the Placement ofChildren superseded by this compact shall be null and void no less than twelvebut no more than twenty-four months after the first meeting of the InterstateCommission created hereunder, as determined by the members during the firstmeeting.H. Within the first twelve months of operation, the InterstateCommission shall promulgate rules addressing the following:1. Transitionrules2. Forms and procedures3. Timelines4. Data collection andreporting5. Rulemaking6. Visitation7. Progress reports/supervision8. Sharing of information/confidentiality9. Financingof the Interstate Commission10. Mediation, arbitration, and disputeresolution11. Education, training, and technical assistance12. Enforcement13. Coordinationwith other interstate compactsI. Upon determination by a majority ofthe members of the Interstate Commission that an emergency exists:1. The InterstateCommission may promulgate an emergency rule only if it is required to:a. Protectthe children covered by this compact from an imminent threat to their health,safety and well-being; orb. Prevent loss of federal or state funds; orc. Meet adeadline for the promulgation of an administrative rule required by federallaw.2. An emergency rule shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than ninety days after the effective date of the emergency rule.3. An emergencyrule shall be promulgated as provided for in the rules of the Interstate Commission.ARTICLE XII.OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENTA. Oversight1. The Interstate Commissionshall oversee the administration and operation of the compact.2. The executive,legislative and judicial branches of state government in each member stateshall enforce this compact and the rules of the Interstate Commission andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent. The compact and its rules shall be binding in the compactingstates to the extent and in the manner provided for in this compact.3. All courtsshall take judicial notice of the compact and the rules in any judicial oradministrative proceeding in a member state pertaining to the subject matterof this compact.4. The Interstate Commission shall be entitled to receive serviceof process in any action in which the validity of a compact provision or ruleis the issue for which a judicial determination has been sought and shallhave standing to intervene in any proceedings. Failure to provide serviceof process to the Interstate Commission shall render any judgment, order orother determination, however so captioned or classified, void as to the InterstateCommission, this compact, its bylaws or rules of the Interstate Commission.B. DisputeResolution1. The Interstate Commission shall attempt, upon the request ofa member state, to resolve disputes which are subject to the compact and whichmay arise among member states and between member and nonmember states.2. The InterstateCommission shall promulgate a rule providing for both mediation and bindingdispute resolution for disputes among compacting states. The costs of suchmediation or dispute resolution shall be the responsibility of the partiesto the dispute.C. Enforcement1. If the Interstate Commission determines that a member statehas defaulted in the performance of its obligations or responsibilities underthis compact, its bylaws, or rules, the Interstate Commission may:a. Provideremedial training and specific technical assistance; orb. Providewritten notice to the defaulting state and other member states, of the natureof the default and the means of curing the default. The Interstate Commissionshall specify the conditions by which the defaulting state must cure its default;orc. By majority vote of the members, initiate against a defaultingmember state legal action in the United States District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in the federaldistrict where the Interstate Commission has its principal office, to enforcecompliance with the provisions of the compact, its bylaws or rules. The reliefsought may include both injunctive relief and damages. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorney's fees; ord. Avail itselfof any other remedies available under state law or the regulation of officialor professional conduct.ARTICLE XIII. FINANCING OF THE COMMISSIONA. The Interstate Commissionshall pay, or provide for the payment of the reasonable expenses of its establishment,organization, and ongoing activities.B. The Interstate Commission may levy onand collect an annual assessment from each member state to cover the costof the operations and activities of the Interstate Commission and its staffwhich must be in a total amount sufficient to cover the Interstate Commission'sannual budget as approved by its members each year. The aggregate annual assessmentamount shall be allocated based upon a formula to be determined by the InterstateCommission which shall promulgate a rule binding upon all member states.C. The InterstateCommission shall not incur obligations of any kind prior to securing the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the member states, except by and with the authority of themember state.D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.ARTICLE XIV.MEMBER STATES, EFFECTIVE DATE, AND AMENDMENTA. Any state is eligibleto become a member state.B. The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than thirty-five states. Theeffective date shall be the later of July 1, 2007, or upon enactment of thecompact into law by the thirty-fifth state. Thereafter it shall become effectiveand binding as to any other member state upon enactment of the compact intolaw by that state. The executive heads of the state human services administrationwith ultimate responsibility for the child welfare program of nonmember statesor their designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states.C. The Interstate Commission may propose amendments to the compactfor enactment by the member states. No amendment shall become effective andbinding on the member states unless and until it is enacted into law by unanimousconsent of the member states.ARTICLE XV. WITHDRAWAL AND DISSOLUTIONA. Withdrawal1. Once effective,the compact shall continue in force and remain binding upon each and everymember state; provided that a member state may withdraw from the compact specificallyrepealing the statute which enacted the compact into law.2. Withdrawalfrom this compact shall be by the enactment of a statute repealing the same.The effective date of withdrawal shall be the effective date of the repealof the statute.3. The withdrawing state shall immediately notify the presidentof the Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall then notify the other member states of the withdrawing state's intentto withdraw.4. The withdrawing state is responsible for all assessments, obligations,and liabilities incurred through the effective date of withdrawal.5. Reinstatementfollowing withdrawal of a member state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the membersof the Interstate Commission.B. Dissolution of compact1. This compactshall dissolve effective upon the date of the withdrawal or default of themember state which reduces the membership in the compact to one member state.2. Upon thedissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the InterstateCommission shall be concluded and surplus funds shall be distributed in accordancewith the bylaws.ARTICLE XVI. SEVERABILITY AND CONSTRUCTIONA. The provisions ofthis compact shall be severable, and if any phrase, clause, sentence, or provisionis deemed unenforceable, the remaining provisions of the compact shall beenforceable.B. The provisions of this compact shall be liberally construedto effectuate its purposes.C. Nothing in this compact shall be construedto prohibit the concurrent applicability of other interstate compacts to whichthe states are members.ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWSA. Other Laws1. Nothingherein prevents the enforcement of any other law of a member state that isnot inconsistent with this compact.B. Binding Effect of the compact1. All lawfulactions of the Interstate Commission, including all rules and bylaws promulgatedby the Interstate Commission, are binding upon the member states.2. All agreementsbetween the Interstate Commission and the member states are binding in accordancewith their terms.3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shallbe ineffective to the extent of the conflict with the constitutional provisionin question in that member state.ARTICLE XVIII. INDIAN TRIBESNotwithstandingany other provision in this compact, the Interstate Commission may promulgateguidelines to permit Indian tribes to utilize the compact to achieve any orall of the purposes of the compact as specified in Article I of this compact.The Interstate Commission shall make reasonable efforts to consult with Indiantribes in promulgating guidelines to reflect the diverse circumstances ofthe various Indian tribes. SourceLaws 2009, LB237, § 3. Cross ReferencesInterstate Compact for Juveniles, see section 43-1011.

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1103

43-1103. Interstate Compact for the Placementof Children.ARTICLE I. PURPOSEThe purpose of this Interstate Compactfor the Placement of Children is to:A. Providea process through which children subject to this compact are placed in safeand suitable homes in a timely manner.B. Facilitate ongoing supervision of a placement,the delivery of services, and communication between the states.C. Provideoperating procedures that will ensure that children are placed in safe andsuitable homes in a timely manner.D. Provide for the promulgation and enforcementof administrative rules implementing the provisions of this compact and regulatingthe covered activities of the member states.E. Provide for uniformdata collection and information sharing between member states under this compact.F. Promotecoordination between this compact, the Interstate Compact for Juveniles, theInterstate Compact on Adoption and Medical Assistance and other compacts affectingthe placement of and which provide services to children otherwise subjectto this compact.G. Provide for a state's continuing legal jurisdiction and responsibilityfor placement and care of a child that it would have had if the placementwere intrastate.H. Provide for the promulgation of guidelines, in collaborationwith Indian tribes, for interstate cases involving Indian children as is ormay be permitted by federal law.ARTICLE II. DEFINITIONSAs used inthis compact,A. "Approved placement" means the public child-placing agency inthe receiving state has determined that the placement is both safe and suitablefor the child.B. "Assessment" means an evaluation of a prospective placement bya public child-placing agency in the receiving state to determine if the placementmeets the individualized needs of the child, including, but not limited to,the child's safety and stability, health and well-being, and mental, emotional,and physical development. An assessment is only applicable to a placementby a public child-placing agency.C. "Child" means an individual who has notattained the age of eighteen (18).D. "Certification" means to attest, declareor swear to before a judge or notary public.E. "Default" means thefailure of a member state to perform the obligations or responsibilities imposedupon it by this compact, the bylaws or rules of the Interstate Commission.F. "Home study"means an evaluation of a home environment conducted in accordance with theapplicable requirements of the state in which the home is located, and documentsthe preparation and the suitability of the placement resource for placementof a child in accordance with the laws and requirements of the state in whichthe home is located.G. "Indian tribe" means any Indian tribe, band, nation, or otherorganized group or community of Indians recognized as eligible for servicesprovided to Indians by the Secretary of the Interior because of their statusas Indians, including any Alaskan native village as defined in section 3(c)of the Alaska Native Claims Settlement Act, 43 U.S.C. 11 section 1602(c).H. "InterstateCommission for the Placement of Children" means the commission that is createdunder Article VIII of this compact and which is generally referred to as theInterstate Commission.I. "Jurisdiction" means the power and authority of a court to hearand decide matters.J. "Legal Risk Placement" ("Legal Risk Adoption") means a placementmade preliminary to an adoption where the prospective adoptive parents acknowledgein writing that a child can be ordered returned to the sending state or thebirth mother's state of residence, if different from the sending state, anda final decree of adoption shall not be entered in any jurisdiction untilall required consents are obtained or are dispensed with in accordance withapplicable law.K. "Member state" means a state that has enacted this compact.L. "Noncustodialparent" means a person who, at the time of the commencement of court proceedingsin the sending state, does not have sole legal custody of the child or hasjoint legal custody of a child, and who is not the subject of allegationsor findings of child abuse or neglect.M. "Nonmember state" means a state whichhas not enacted this compact.N. "Notice of residential placement" meansinformation regarding a placement into a residential facility provided tothe receiving state including, but not limited to, the name, date, and placeof birth of the child, the identity and address of the parent or legal guardian,evidence of authority to make the placement, and the name and address of thefacility in which the child will be placed. Notice of residential placementshall also include information regarding a discharge and any unauthorizedabsence from the facility.O. "Placement" means the act by a publicor private child-placing agency intended to arrange for the care or custodyof a child in another state.P. "Private child-placing agency" meansany private corporation, agency, foundation, institution, or charitable organization,or any private person or attorney that facilitates, causes, or is involvedin the placement of a child from one state to another and that is not an instrumentalityof the state or acting under color of state law.Q. "Provisional placement"means a determination made by the public child-placing agency in the receivingstate that the proposed placement is safe and suitable, and, to the extentallowable, the receiving state has temporarily waived its standards or requirementsotherwise applicable to prospective foster or adoptive parents so as to notdelay the placement. Completion of the receiving state requirements regardingtraining for prospective foster or adoptive parents shall not delay an otherwisesafe and suitable placement.R. "Public child-placing agency" means anygovernment child welfare agency or child protection agency or a private entityunder contract with such an agency, regardless of whether they act on behalfof a state, county, municipality or other governmental unit and which facilitates,causes, or is involved in the placement of a child from one state to another.S. "Receivingstate" means the state to which a child is sent, brought, or caused to besent or brought.T. "Relative" means someone who is related to the child as a parent,stepparent, sibling by half or whole blood or by adoption, grandparent, aunt,uncle, or first cousin or a nonrelative with such significant ties to thechild that they may be regarded as relatives as determined by the court inthe sending state.U. "Residential Facility" means a facility providing a level ofcare that is sufficient to substitute for parental responsibility or fostercare and is beyond what is needed for assessment or treatment of an acutecondition. For purposes of the compact, residential facilities do not includeinstitutions primarily educational in character, hospitals, or other medicalfacilities.V. "Rule" means a written directive, mandate, standard, or principleissued by the Interstate Commission promulgated pursuant to Article XI ofthis compact that is of general applicability and that implements, interprets,or prescribes a policy or provision of the compact. "Rule" has the force andeffect of an administrative rule in a member state, and includes the amendment,repeal, or suspension of an existing rule.W. "Sending state" means the state fromwhich the placement of a child is initiated.X. "Service member's permanentduty station" means the military installation where an active duty Armed Servicesmember is currently assigned and is physically located under competent ordersthat do not specify the duty as temporary.Y. "Service member's state of legal residence"means the state in which the active duty Armed Services member is considereda resident for tax and voting purposes.Z. "State" means a state of the United States,the District of Columbia, the Commonwealth of Puerto Rico, the U.S. VirginIslands, Guam, American Samoa, the Northern Mariana Islands, and any otherterritory of the United States.AA. "State court" means a judicial bodyof a state that is vested by law with responsibility for adjudicating casesinvolving abuse, neglect, deprivation, delinquency, or status offenses ofindividuals who have not attained the age of eighteen (18).BB. "Supervision"means monitoring provided by the receiving state once a child has been placedin a receiving state pursuant to this compact.ARTICLE III. APPLICABILITYA. Except asotherwise provided in Article III, Section B, this compact shall apply to:1. The interstateplacement of a child subject to ongoing court jurisdiction in the sendingstate, due to allegations or findings that the child has been abused, neglected,or deprived as defined by the laws of the sending state, provided, however,that the placement of such a child into a residential facility shall onlyrequire notice of residential placement to the receiving state prior to placement.2. The interstateplacement of a child adjudicated delinquent or unmanageable based on the lawsof the sending state and subject to ongoing court jurisdiction of the sendingstate if:a. the child is being placed in a residential facility in anothermember state and is not covered under another compact; orb. the childis being placed in another member state and the determination of safety andsuitability of the placement and services required is not provided throughanother compact.3. The interstate placement of any child by a public child-placingagency or private child-placing agency as defined in this compact as a preliminarystep to a possible adoption.B. The provisions of this compact shallnot apply to:1. The interstate placement of a child in a custody proceeding inwhich a public child-placing agency is not a party, provided the placementis not intended to effectuate an adoption.2. The interstate placement of a child witha nonrelative in a receiving state by a parent with the legal authority tomake such a placement provided, however, that the placement is not intendedto effectuate an adoption.3. The interstate placement of a child byone relative with the lawful authority to make such a placement directly witha relative in a receiving state.4. The placement of a child, not subjectto Article III, Section A, into a residential facility by his or her parent.5. The placementof a child with a noncustodial parent provided that:a. The noncustodial parentproves to the satisfaction of a court in the sending state a substantial relationshipwith the child; andb. The court in the sending state makes a written finding that placementwith the noncustodial parent is in the best interests of the child; andc. The courtin the sending state dismisses its jurisdiction in interstate placements inwhich the public child-placing agency is a party to the proceeding.6. A childentering the United States from a foreign country for the purpose of adoptionor leaving the United States to go to a foreign country for the purpose ofadoption in that country.7. Cases in which a U.S. citizen child living overseas with hisfamily, at least one of whom is in the U.S. Armed Services, and who is stationedoverseas, is removed and placed in a state.8. The sending of a child by a public child-placingagency or a private child-placing agency for a visit as defined by the rulesof the Interstate Commission.C. For purposes of determining the applicabilityof this compact to the placement of a child with a family in the Armed Services,the public child-placing agency or private child-placing agency may choosethe state of the service member's permanent duty station or the service member'sdeclared legal residence.D. Nothing in this compact shall be construed to prohibit the concurrentapplication of the provisions of this compact with other applicable interstatecompacts, including the Interstate Compact for Juveniles and the InterstateCompact on Adoption and Medical Assistance. The Interstate Commission mayin cooperation with other interstate compact commissions having responsibilityfor the interstate movement, placement, or transfer of children, promulgatelike rules to ensure the coordination of services, timely placement of children,and the reduction of unnecessary or duplicative administrative or proceduralrequirements.ARTICLE IV. JURISDICTIONA. Except as provided in Article IV, SectionH, and Article V, Section B, paragraph two and three, concerning private andindependent adoptions, and in interstate placements in which the public child-placingagency is not a party to a custody proceeding, the sending state shall retainjurisdiction over a child with respect to all matters of custody and dispositionof the child which it would have had if the child had remained in the sendingstate. Such jurisdiction shall also include the power to order the returnof the child to the sending state.B. When an issue of child protection orcustody is brought before a court in the receiving state, such court shallconfer with the court of the sending state to determine the most appropriateforum for adjudication.C. In cases that are before courts and subject to this compact,the taking of testimony for hearings before any judicial officer may occurin person or by telephone, audio-video conference, or such other means asapproved by the rules of the Interstate Commission; and Judicial officersmay communicate with other judicial officers and persons involved in the interstateprocess as may be permitted by their Canons of Judicial Conduct and any rulespromulgated by the Interstate Commission.D. In accordance with its own laws, thecourt in the sending state shall have authority to terminate its jurisdictionif:1. The child is reunified with the parent in the receiving statewho is the subject of allegations or findings of abuse or neglect, only withthe concurrence of the public child-placing agency in the receiving state;or2. The child is adopted; or3. The child reaches the age of majorityunder the laws of the sending state; or4. The child achieves legal independencepursuant to the laws of the sending state; or5. A guardianship is createdby a court in the receiving state with the concurrence of the court in thesending state; or6. An Indian tribe has petitioned for and received jurisdictionfrom the court in the sending state; or7. The public child-placing agency of thesending state requests termination and has obtained the concurrence of thepublic child-placing agency in the receiving state.E. When a sending statecourt terminates its jurisdiction, the receiving state child-placing agencyshall be notified.F. Nothing in this article shall defeat a claim of jurisdictionby a receiving state court sufficient to deal with an act of truancy, delinquency,crime, or behavior involving a child as defined by the laws of the receivingstate committed by the child in the receiving state which would be a violationof its laws.G. Nothing in this article shall limit the receiving state's abilityto take emergency jurisdiction for the protection of the child.H. The substantivelaws of the state in which an adoption will be finalized shall solely governall issues relating to the adoption of the child and the court in which theadoption proceeding is filed shall have subject matter jurisdiction regardingall substantive issues relating to the adoption, except:1. when thechild is a ward of another court that established jurisdiction over the childprior to the placement; or2. when the child is in the legal custodyof a public agency in the sending state; or3. when a court in the sending state hasotherwise appropriately assumed jurisdiction over the child, prior to thesubmission of the request for approval of placement.I. A final decree of adoptionshall not be entered in any jurisdiction until the placement is authorizedas an "approved placement" by the public child-placing agency in the receivingstate.ARTICLE V. PLACEMENT EVALUATIONA. Prior to sending, bringing, or causinga child to be sent or brought into a receiving state, the public child-placingagency shall provide a written request for assessment to the receiving state.B. For placementsby a private child-placing agency, a child may be sent or brought, or causedto be sent or brought, into a receiving state, upon receipt and immediatereview of the required content in a request for approval of a placement inboth the sending and receiving state public child-placing agency. The requiredcontent to accompany a request for approval shall include all of the following:1. A requestfor approval identifying the child, the birth parent(s), the prospective adoptiveparent(s), and the supervising agency, signed by the person requesting approval;and2. The appropriate consents or relinquishments signed by the birthparents in accordance with the laws of the sending state, or, where permitted,the laws of the state where the adoption will be finalized; and3. Certificationby a licensed attorney or authorized agent of a private adoption agency thatthe consent or relinquishment is in compliance with the applicable laws ofthe sending state, or where permitted the laws of the state where finalizationof the adoption will occur; and4. A home study; and5. An acknowledgmentof legal risk signed by the prospective adoptive parents.C. The sendingstate and the receiving state may request additional information or documentsprior to finalization of an approved placement, but they may not delay travelby the prospective adoptive parents with the child if the required contentfor approval has been submitted, received, and reviewed by the public child-placingagency in both the sending state and the receiving state.D. Approvalfrom the public child-placing agency in the receiving state for a provisionalor approved placement is required as provided for in the rules of the InterstateCommission.E. The procedures for making and the request for an assessmentshall contain all information and be in such form as provided for in the rulesof the Interstate Commission.F. Upon receipt of a request from the publicchild-placing agency of the sending state, the receiving state shall initiatean assessment of the proposed placement to determine its safety and suitability.If the proposed placement is a placement with a relative, the public child-placingagency of the sending state may request a determination for a provisionalplacement.G. The public child-placing agency in the receiving state may requestfrom the public child-placing agency or the private child-placing agency inthe sending state, and shall be entitled to receive supporting or additionalinformation necessary to complete the assessment or approve the placement.H. The publicchild-placing agency in the receiving state shall approve a provisional placementand complete or arrange for the completion of the assessment within the timeframesestablished by the rules of the Interstate Commission.I. For a placementby a private child-placing agency, the sending state shall not impose anyadditional requirements to complete the home study that are not required bythe receiving state, unless the adoption is finalized in the sending state.J. The InterstateCommission may develop uniform standards for the assessment of the safetyand suitability of interstate placements.ARTICLE VI. PLACEMENT AUTHORITYA. Exceptas otherwise provided in this compact, no child subject to this compact shallbe placed into a receiving state until approval for such placement is obtained.B. If thepublic child-placing agency in the receiving state does not approve the proposedplacement then the child shall not be placed. The receiving state shall providewritten documentation of any such determination in accordance with the rulespromulgated by the Interstate Commission. Such determination is not subjectto judicial review in the sending state.C. If the proposed placement is not approved,any interested party shall have standing to seek an administrative reviewof the receiving state's determination.1. The administrative review and any furtherjudicial review associated with the determination shall be conducted in thereceiving state pursuant to its applicable administrative procedures act.2. If a determinationnot to approve the placement of the child in the receiving state is overturnedupon review, the placement shall be deemed approved, provided, however, thatall administrative or judicial remedies have been exhausted or the time forsuch remedies has passed.ARTICLE VII. PLACING AGENCY RESPONSIBILITYA. For the interstateplacement of a child made by a public child-placing agency or state court:1. The publicchild-placing agency in the sending state shall have financial responsibilityfor:a. the ongoing support and maintenance for the child during theperiod of the placement, unless otherwise provided for in the receiving state;andb. as determined by the public child-placing agency in the sendingstate, services for the child beyond the public services for which the childis eligible in the receiving state.2. The receiving state shall only havefinancial responsibility for:a. any assessment conducted by the receivingstate; andb. supervision conducted by the receiving state at the level necessaryto support the placement as agreed upon by the public child-placing agenciesof the receiving and sending state.3. Nothing in this provision shall prohibitpublic child-placing agencies in the sending state from entering into agreementswith licensed agencies or persons in the receiving state to conduct assessmentsand provide supervision.B. For the placement of a child by a private child-placing agencypreliminary to a possible adoption, the private child-placing agency shallbe:1. Legally responsible for the child during the period of placementas provided for in the law of the sending state until the finalization ofthe adoption.2. Financially responsible for the child absent a contractual agreementto the contrary.C. The public child-placing agency in the receiving state shallprovide timely assessments, as provided for in the rules of the InterstateCommission.D. The public child-placing agency in the receiving state shallprovide, or arrange for the provision of, supervision and services for thechild, including timely reports, during the period of the placement.E. Nothingin this compact shall be construed as to limit the authority of the publicchild-placing agency in the receiving state from contracting with a licensedagency or person in the receiving state for an assessment or the provisionof supervision or services for the child or otherwise authorizing the provisionof supervision or services by a licensed agency during the period of placement.F. Each memberstate shall provide for coordination among its branches of government concerningthe state's participation in, and compliance with, the compact and InterstateCommission activities, through the creation of an advisory council or useof an existing body or board.G. Each member state shall establish acentral state compact office, which shall be responsible for state compliancewith the compact and the rules of the Interstate Commission.H. The publicchild-placing agency in the sending state shall oversee compliance with theprovisions of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., for placementssubject to the provisions of this compact, prior to placement.I. With theconsent of the Interstate Commission, states may enter into limited agreementsthat facilitate the timely assessment and provision of services and supervisionof placements under this compact.ARTICLE VIII. INTERSTATE COMMISSION FORTHE PLACEMENT OF CHILDRENThe member states hereby establish, by way of this compact, a commissionknown as the "Interstate Commission for the Placement of Children." The activitiesof the Interstate Commission are the formation of public policy and are adiscretionary state function. The Interstate Commission shall:A. Be a jointcommission of the member states and shall have the responsibilities, powersand duties set forth herein, and such additional powers as may be conferredupon it by subsequent concurrent action of the respective legislatures ofthe member states.B. Consist of one commissioner from each member state who shallbe appointed by the executive head of the state human services administrationwith ultimate responsibility for the child welfare program. The appointedcommissioner shall have the legal authority to vote on policy related mattersgoverned by this compact binding the state.1. Each member state represented at a meetingof the Interstate Commission is entitled to one vote.2. A majority of themember states shall constitute a quorum for the transaction of business, unlessa larger quorum is required by the bylaws of the Interstate Commission.3. A representativeshall not delegate a vote to another member state.4. A representative maydelegate voting authority to another person from their state for a specifiedmeeting.C. In addition to the commissioners of each member state, the InterstateCommission shall include persons who are members of interested organizationsas defined in the bylaws or rules of the Interstate Commission. Such membersshall be ex officio and shall not be entitled to vote on any matter beforethe Interstate Commission.D. Establish an executive committee whichshall have the authority to administer the day-to-day operations and administrationof the Interstate Commission. It shall not have the power to engage in rulemaking.ARTICLE IX.POWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe Interstate Commissionshall have the following powers:A. To promulgate rules and take all necessaryactions to effect the goals, purposes, and obligations as enumerated in thiscompact.B. To provide for dispute resolution among member states.C. To issue,upon request of a member state, advisory opinions concerning the meaning orinterpretation of the interstate compact, its bylaws, rules, or actions.D. To enforcecompliance with this compact or the bylaws or rules of the Interstate Commissionpursuant to Article XII of this compact.E. To collect standardized data concerningthe interstate placement of children subject to this compact as directed throughits rules which shall specify the data to be collected, the means of collectionand data exchange and reporting requirements.F. To establish and maintainoffices as may be necessary for the transacting of its business.G. To purchaseand maintain insurance and bonds.H. To hire or contract for services ofpersonnel or consultants as necessary to carry out its functions under thecompact and establish personnel qualification policies, and rates of compensation.I. To establishand appoint committees and officers, including, but not limited to, an executivecommittee as required by Article X of this compact.J. To accept any andall donations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose thereof.K. To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve,or use any property, real, personal, or mixed.L. To sell, convey, mortgage,pledge, lease, exchange, abandon, or otherwise dispose of any property, real,personal, or mixed.M. To establish a budget and make expenditures.N. To adopta seal and bylaws governing the management and operation of the InterstateCommission.O. To report annually to the legislatures, governors, the judiciary,and state advisory councils of the member states concerning the activitiesof the Interstate Commission during the preceding year. Such reports shallalso include any recommendations that may have been adopted by the InterstateCommission.P. To coordinate and provide education, training and public awarenessregarding the interstate movement of children for officials involved in suchactivity.Q. To maintain books and records in accordance with the bylawsof the Interstate Commission.R. To perform such functions as may benecessary or appropriate to achieve the purposes of this compact.ARTICLE X.ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONA. Bylaws1. Withintwelve months after the first Interstate Commission meeting, the InterstateCommission shall adopt bylaws to govern its conduct as may be necessary orappropriate to carry out the purposes of the compact.2. The Interstate Commission'sbylaws and rules shall establish conditions and procedures under which theInterstate Commission shall make its information and official records availableto the public for inspection or copying. The Interstate Commission may exemptfrom disclosure information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.B. Meetings1. The InterstateCommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of a simple majority of themember states shall call additional meetings.2. Public notice shallbe given by the Interstate Commission of all meetings and all meetings shallbe open to the public, except as set forth in the rules or as otherwise providedin the compact. The Interstate Commission and its committees may close a meeting,or portion thereof, where it determines by two-thirds vote that an open meetingwould be likely to:a. relate solely to the Interstate Commission's internal personnelpractices and procedures; orb. disclose matters specifically exemptedfrom disclosure by federal law; orc. disclose financial or commercial informationwhich is privileged, proprietary, or confidential in nature; ord. involveaccusing a person of a crime, or formally censuring a person; ore. discloseinformation of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy or physically endanger one or morepersons; orf. disclose investigative records compiled for law enforcementpurposes; org. specifically relate to the Interstate Commission's participationin a civil action or other legal proceeding.3. For a meeting, orportion of a meeting, closed pursuant to this provision, the Interstate Commission'slegal counsel or designee shall certify that the meeting may be closed andshall reference each relevant exemption provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all matters discussedin a meeting and shall provide a full and accurate summary of actions taken,and the reasons therefor, including a description of the views expressed andthe record of a roll call vote. All documents considered in connection withan action shall be identified in such minutes. All minutes and documents ofa closed meeting shall remain under seal, subject to release by a majorityvote of the Interstate Commission or by court order.4. The bylaws may providefor meetings of the Interstate Commission to be conducted by telecommunicationor other electronic communication.C. Officers and Staff1. The InterstateCommission may, through its executive committee, appoint or retain a staffdirector for such period, upon such terms and conditions and for such compensationas the Interstate Commission may deem appropriate. The staff director shallserve as secretary to the Interstate Commission, but shall not have a vote.The staff director may hire and supervise such other staff as may be authorizedby the Interstate Commission.2. The Interstate Commission shall elect,from among its members, a chairperson and a vice-chairperson of the executivecommittee and other necessary officers, each of whom shall have such authorityand duties as may be specified in the bylaws.D. Qualified Immunity,Defense and Indemnification1. The Interstate Commission's staff directorand its employees shall be immune from suit and liability, either personallyor in their official capacity, for a claim for damage to or loss of propertyor personal injury or other civil liability caused or arising out of or relatingto an actual or alleged act, error, or omission that occurred, or that suchperson had a reasonable basis for believing occurred within the scope of Commissionemployment, duties, or responsibilities; provided, that such person shallnot be protected from suit or liability for damage, loss, injury, or liabilitycaused by a criminal act or the intentional or willful and wanton misconductof such person.a. The liability of the Interstate Commission's staff directorand employees or Interstate Commission representatives, acting within thescope of such person's employment or duties for acts, errors, or omissionsoccurring within such person's state may not exceed the limits of liabilityset forth under the Constitution and laws of that state for state officials,employees, and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by a criminal act or the intentional orwillful and wanton misconduct of such person.b. The Interstate Commissionshall defend the staff director and its employees and, subject to the approvalof the Attorney General or other appropriate legal counsel of the member stateshall defend the commissioner of a member state in a civil action seekingto impose liability arising out of an actual or alleged act, error, or omissionthat occurred within the scope of Interstate Commission employment, duties,or responsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.c. To the extent not covered by the state involved, member state,or the Interstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arisingout of an actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities, orthat such persons had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities, providedthat the actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.ARTICLE XI.RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The Interstate Commissionshall promulgate and publish rules in order to effectively and efficientlyachieve the purposes of the compact.B. Rulemaking shall occur pursuant to thecriteria set forth in this article and the bylaws and rules adopted pursuantthereto. Such rulemaking shall substantially conform to the principles ofthe "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated,Vol. 15, p. 1 (2000), or such other administrative procedure acts as the InterstateCommission deems appropriate consistent with due process requirements underthe United States Constitution as now or hereafter interpreted by the UnitedStates Supreme Court. All rules and amendments shall become binding as ofthe date specified, as published with the final version of the rule as approvedby the Interstate Commission.C. When promulgating a rule, the InterstateCommission shall, at a minimum:1. Publish the proposed rule's entire textstating the reason(s) for that proposed rule; and2. Allow and invite anyand all persons to submit written data, facts, opinions, and arguments, whichinformation shall be added to the record, and be made publicly available;and3. Promulgate a final rule and its effective date, if appropriate,based on input from state or local officials, or interested parties.D. Rules promulgatedby the Interstate Commission shall have the force and effect of administrativerules and shall be binding in the compacting states to the extent and in themanner provided for in this compact.E. Not later than sixty days after a ruleis promulgated, an interested person may file a petition in the U.S. DistrictCourt for the District of Columbia or in the Federal District Court wherethe Interstate Commission's principal office is located for judicial reviewof such rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside.F. If a majority of thelegislatures of the member states rejects a rule, those states may by enactmentof a statute or resolution in the same manner used to adopt the compact causethat such rule shall have no further force and effect in any member state.G. The existingrules governing the operation of the Interstate Compact on the Placement ofChildren superseded by this compact shall be null and void no less than twelvebut no more than twenty-four months after the first meeting of the InterstateCommission created hereunder, as determined by the members during the firstmeeting.H. Within the first twelve months of operation, the InterstateCommission shall promulgate rules addressing the following:1. Transitionrules2. Forms and procedures3. Timelines4. Data collection andreporting5. Rulemaking6. Visitation7. Progress reports/supervision8. Sharing of information/confidentiality9. Financingof the Interstate Commission10. Mediation, arbitration, and disputeresolution11. Education, training, and technical assistance12. Enforcement13. Coordinationwith other interstate compactsI. Upon determination by a majority ofthe members of the Interstate Commission that an emergency exists:1. The InterstateCommission may promulgate an emergency rule only if it is required to:a. Protectthe children covered by this compact from an imminent threat to their health,safety and well-being; orb. Prevent loss of federal or state funds; orc. Meet adeadline for the promulgation of an administrative rule required by federallaw.2. An emergency rule shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than ninety days after the effective date of the emergency rule.3. An emergencyrule shall be promulgated as provided for in the rules of the Interstate Commission.ARTICLE XII.OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENTA. Oversight1. The Interstate Commissionshall oversee the administration and operation of the compact.2. The executive,legislative and judicial branches of state government in each member stateshall enforce this compact and the rules of the Interstate Commission andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent. The compact and its rules shall be binding in the compactingstates to the extent and in the manner provided for in this compact.3. All courtsshall take judicial notice of the compact and the rules in any judicial oradministrative proceeding in a member state pertaining to the subject matterof this compact.4. The Interstate Commission shall be entitled to receive serviceof process in any action in which the validity of a compact provision or ruleis the issue for which a judicial determination has been sought and shallhave standing to intervene in any proceedings. Failure to provide serviceof process to the Interstate Commission shall render any judgment, order orother determination, however so captioned or classified, void as to the InterstateCommission, this compact, its bylaws or rules of the Interstate Commission.B. DisputeResolution1. The Interstate Commission shall attempt, upon the request ofa member state, to resolve disputes which are subject to the compact and whichmay arise among member states and between member and nonmember states.2. The InterstateCommission shall promulgate a rule providing for both mediation and bindingdispute resolution for disputes among compacting states. The costs of suchmediation or dispute resolution shall be the responsibility of the partiesto the dispute.C. Enforcement1. If the Interstate Commission determines that a member statehas defaulted in the performance of its obligations or responsibilities underthis compact, its bylaws, or rules, the Interstate Commission may:a. Provideremedial training and specific technical assistance; orb. Providewritten notice to the defaulting state and other member states, of the natureof the default and the means of curing the default. The Interstate Commissionshall specify the conditions by which the defaulting state must cure its default;orc. By majority vote of the members, initiate against a defaultingmember state legal action in the United States District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in the federaldistrict where the Interstate Commission has its principal office, to enforcecompliance with the provisions of the compact, its bylaws or rules. The reliefsought may include both injunctive relief and damages. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorney's fees; ord. Avail itselfof any other remedies available under state law or the regulation of officialor professional conduct.ARTICLE XIII. FINANCING OF THE COMMISSIONA. The Interstate Commissionshall pay, or provide for the payment of the reasonable expenses of its establishment,organization, and ongoing activities.B. The Interstate Commission may levy onand collect an annual assessment from each member state to cover the costof the operations and activities of the Interstate Commission and its staffwhich must be in a total amount sufficient to cover the Interstate Commission'sannual budget as approved by its members each year. The aggregate annual assessmentamount shall be allocated based upon a formula to be determined by the InterstateCommission which shall promulgate a rule binding upon all member states.C. The InterstateCommission shall not incur obligations of any kind prior to securing the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the member states, except by and with the authority of themember state.D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.ARTICLE XIV.MEMBER STATES, EFFECTIVE DATE, AND AMENDMENTA. Any state is eligibleto become a member state.B. The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than thirty-five states. Theeffective date shall be the later of July 1, 2007, or upon enactment of thecompact into law by the thirty-fifth state. Thereafter it shall become effectiveand binding as to any other member state upon enactment of the compact intolaw by that state. The executive heads of the state human services administrationwith ultimate responsibility for the child welfare program of nonmember statesor their designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states.C. The Interstate Commission may propose amendments to the compactfor enactment by the member states. No amendment shall become effective andbinding on the member states unless and until it is enacted into law by unanimousconsent of the member states.ARTICLE XV. WITHDRAWAL AND DISSOLUTIONA. Withdrawal1. Once effective,the compact shall continue in force and remain binding upon each and everymember state; provided that a member state may withdraw from the compact specificallyrepealing the statute which enacted the compact into law.2. Withdrawalfrom this compact shall be by the enactment of a statute repealing the same.The effective date of withdrawal shall be the effective date of the repealof the statute.3. The withdrawing state shall immediately notify the presidentof the Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall then notify the other member states of the withdrawing state's intentto withdraw.4. The withdrawing state is responsible for all assessments, obligations,and liabilities incurred through the effective date of withdrawal.5. Reinstatementfollowing withdrawal of a member state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the membersof the Interstate Commission.B. Dissolution of compact1. This compactshall dissolve effective upon the date of the withdrawal or default of themember state which reduces the membership in the compact to one member state.2. Upon thedissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the InterstateCommission shall be concluded and surplus funds shall be distributed in accordancewith the bylaws.ARTICLE XVI. SEVERABILITY AND CONSTRUCTIONA. The provisions ofthis compact shall be severable, and if any phrase, clause, sentence, or provisionis deemed unenforceable, the remaining provisions of the compact shall beenforceable.B. The provisions of this compact shall be liberally construedto effectuate its purposes.C. Nothing in this compact shall be construedto prohibit the concurrent applicability of other interstate compacts to whichthe states are members.ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWSA. Other Laws1. Nothingherein prevents the enforcement of any other law of a member state that isnot inconsistent with this compact.B. Binding Effect of the compact1. All lawfulactions of the Interstate Commission, including all rules and bylaws promulgatedby the Interstate Commission, are binding upon the member states.2. All agreementsbetween the Interstate Commission and the member states are binding in accordancewith their terms.3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shallbe ineffective to the extent of the conflict with the constitutional provisionin question in that member state.ARTICLE XVIII. INDIAN TRIBESNotwithstandingany other provision in this compact, the Interstate Commission may promulgateguidelines to permit Indian tribes to utilize the compact to achieve any orall of the purposes of the compact as specified in Article I of this compact.The Interstate Commission shall make reasonable efforts to consult with Indiantribes in promulgating guidelines to reflect the diverse circumstances ofthe various Indian tribes. SourceLaws 2009, LB237, § 3. Cross ReferencesInterstate Compact for Juveniles, see section 43-1011.

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter43 > 43-1103

43-1103. Interstate Compact for the Placementof Children.ARTICLE I. PURPOSEThe purpose of this Interstate Compactfor the Placement of Children is to:A. Providea process through which children subject to this compact are placed in safeand suitable homes in a timely manner.B. Facilitate ongoing supervision of a placement,the delivery of services, and communication between the states.C. Provideoperating procedures that will ensure that children are placed in safe andsuitable homes in a timely manner.D. Provide for the promulgation and enforcementof administrative rules implementing the provisions of this compact and regulatingthe covered activities of the member states.E. Provide for uniformdata collection and information sharing between member states under this compact.F. Promotecoordination between this compact, the Interstate Compact for Juveniles, theInterstate Compact on Adoption and Medical Assistance and other compacts affectingthe placement of and which provide services to children otherwise subjectto this compact.G. Provide for a state's continuing legal jurisdiction and responsibilityfor placement and care of a child that it would have had if the placementwere intrastate.H. Provide for the promulgation of guidelines, in collaborationwith Indian tribes, for interstate cases involving Indian children as is ormay be permitted by federal law.ARTICLE II. DEFINITIONSAs used inthis compact,A. "Approved placement" means the public child-placing agency inthe receiving state has determined that the placement is both safe and suitablefor the child.B. "Assessment" means an evaluation of a prospective placement bya public child-placing agency in the receiving state to determine if the placementmeets the individualized needs of the child, including, but not limited to,the child's safety and stability, health and well-being, and mental, emotional,and physical development. An assessment is only applicable to a placementby a public child-placing agency.C. "Child" means an individual who has notattained the age of eighteen (18).D. "Certification" means to attest, declareor swear to before a judge or notary public.E. "Default" means thefailure of a member state to perform the obligations or responsibilities imposedupon it by this compact, the bylaws or rules of the Interstate Commission.F. "Home study"means an evaluation of a home environment conducted in accordance with theapplicable requirements of the state in which the home is located, and documentsthe preparation and the suitability of the placement resource for placementof a child in accordance with the laws and requirements of the state in whichthe home is located.G. "Indian tribe" means any Indian tribe, band, nation, or otherorganized group or community of Indians recognized as eligible for servicesprovided to Indians by the Secretary of the Interior because of their statusas Indians, including any Alaskan native village as defined in section 3(c)of the Alaska Native Claims Settlement Act, 43 U.S.C. 11 section 1602(c).H. "InterstateCommission for the Placement of Children" means the commission that is createdunder Article VIII of this compact and which is generally referred to as theInterstate Commission.I. "Jurisdiction" means the power and authority of a court to hearand decide matters.J. "Legal Risk Placement" ("Legal Risk Adoption") means a placementmade preliminary to an adoption where the prospective adoptive parents acknowledgein writing that a child can be ordered returned to the sending state or thebirth mother's state of residence, if different from the sending state, anda final decree of adoption shall not be entered in any jurisdiction untilall required consents are obtained or are dispensed with in accordance withapplicable law.K. "Member state" means a state that has enacted this compact.L. "Noncustodialparent" means a person who, at the time of the commencement of court proceedingsin the sending state, does not have sole legal custody of the child or hasjoint legal custody of a child, and who is not the subject of allegationsor findings of child abuse or neglect.M. "Nonmember state" means a state whichhas not enacted this compact.N. "Notice of residential placement" meansinformation regarding a placement into a residential facility provided tothe receiving state including, but not limited to, the name, date, and placeof birth of the child, the identity and address of the parent or legal guardian,evidence of authority to make the placement, and the name and address of thefacility in which the child will be placed. Notice of residential placementshall also include information regarding a discharge and any unauthorizedabsence from the facility.O. "Placement" means the act by a publicor private child-placing agency intended to arrange for the care or custodyof a child in another state.P. "Private child-placing agency" meansany private corporation, agency, foundation, institution, or charitable organization,or any private person or attorney that facilitates, causes, or is involvedin the placement of a child from one state to another and that is not an instrumentalityof the state or acting under color of state law.Q. "Provisional placement"means a determination made by the public child-placing agency in the receivingstate that the proposed placement is safe and suitable, and, to the extentallowable, the receiving state has temporarily waived its standards or requirementsotherwise applicable to prospective foster or adoptive parents so as to notdelay the placement. Completion of the receiving state requirements regardingtraining for prospective foster or adoptive parents shall not delay an otherwisesafe and suitable placement.R. "Public child-placing agency" means anygovernment child welfare agency or child protection agency or a private entityunder contract with such an agency, regardless of whether they act on behalfof a state, county, municipality or other governmental unit and which facilitates,causes, or is involved in the placement of a child from one state to another.S. "Receivingstate" means the state to which a child is sent, brought, or caused to besent or brought.T. "Relative" means someone who is related to the child as a parent,stepparent, sibling by half or whole blood or by adoption, grandparent, aunt,uncle, or first cousin or a nonrelative with such significant ties to thechild that they may be regarded as relatives as determined by the court inthe sending state.U. "Residential Facility" means a facility providing a level ofcare that is sufficient to substitute for parental responsibility or fostercare and is beyond what is needed for assessment or treatment of an acutecondition. For purposes of the compact, residential facilities do not includeinstitutions primarily educational in character, hospitals, or other medicalfacilities.V. "Rule" means a written directive, mandate, standard, or principleissued by the Interstate Commission promulgated pursuant to Article XI ofthis compact that is of general applicability and that implements, interprets,or prescribes a policy or provision of the compact. "Rule" has the force andeffect of an administrative rule in a member state, and includes the amendment,repeal, or suspension of an existing rule.W. "Sending state" means the state fromwhich the placement of a child is initiated.X. "Service member's permanentduty station" means the military installation where an active duty Armed Servicesmember is currently assigned and is physically located under competent ordersthat do not specify the duty as temporary.Y. "Service member's state of legal residence"means the state in which the active duty Armed Services member is considereda resident for tax and voting purposes.Z. "State" means a state of the United States,the District of Columbia, the Commonwealth of Puerto Rico, the U.S. VirginIslands, Guam, American Samoa, the Northern Mariana Islands, and any otherterritory of the United States.AA. "State court" means a judicial bodyof a state that is vested by law with responsibility for adjudicating casesinvolving abuse, neglect, deprivation, delinquency, or status offenses ofindividuals who have not attained the age of eighteen (18).BB. "Supervision"means monitoring provided by the receiving state once a child has been placedin a receiving state pursuant to this compact.ARTICLE III. APPLICABILITYA. Except asotherwise provided in Article III, Section B, this compact shall apply to:1. The interstateplacement of a child subject to ongoing court jurisdiction in the sendingstate, due to allegations or findings that the child has been abused, neglected,or deprived as defined by the laws of the sending state, provided, however,that the placement of such a child into a residential facility shall onlyrequire notice of residential placement to the receiving state prior to placement.2. The interstateplacement of a child adjudicated delinquent or unmanageable based on the lawsof the sending state and subject to ongoing court jurisdiction of the sendingstate if:a. the child is being placed in a residential facility in anothermember state and is not covered under another compact; orb. the childis being placed in another member state and the determination of safety andsuitability of the placement and services required is not provided throughanother compact.3. The interstate placement of any child by a public child-placingagency or private child-placing agency as defined in this compact as a preliminarystep to a possible adoption.B. The provisions of this compact shallnot apply to:1. The interstate placement of a child in a custody proceeding inwhich a public child-placing agency is not a party, provided the placementis not intended to effectuate an adoption.2. The interstate placement of a child witha nonrelative in a receiving state by a parent with the legal authority tomake such a placement provided, however, that the placement is not intendedto effectuate an adoption.3. The interstate placement of a child byone relative with the lawful authority to make such a placement directly witha relative in a receiving state.4. The placement of a child, not subjectto Article III, Section A, into a residential facility by his or her parent.5. The placementof a child with a noncustodial parent provided that:a. The noncustodial parentproves to the satisfaction of a court in the sending state a substantial relationshipwith the child; andb. The court in the sending state makes a written finding that placementwith the noncustodial parent is in the best interests of the child; andc. The courtin the sending state dismisses its jurisdiction in interstate placements inwhich the public child-placing agency is a party to the proceeding.6. A childentering the United States from a foreign country for the purpose of adoptionor leaving the United States to go to a foreign country for the purpose ofadoption in that country.7. Cases in which a U.S. citizen child living overseas with hisfamily, at least one of whom is in the U.S. Armed Services, and who is stationedoverseas, is removed and placed in a state.8. The sending of a child by a public child-placingagency or a private child-placing agency for a visit as defined by the rulesof the Interstate Commission.C. For purposes of determining the applicabilityof this compact to the placement of a child with a family in the Armed Services,the public child-placing agency or private child-placing agency may choosethe state of the service member's permanent duty station or the service member'sdeclared legal residence.D. Nothing in this compact shall be construed to prohibit the concurrentapplication of the provisions of this compact with other applicable interstatecompacts, including the Interstate Compact for Juveniles and the InterstateCompact on Adoption and Medical Assistance. The Interstate Commission mayin cooperation with other interstate compact commissions having responsibilityfor the interstate movement, placement, or transfer of children, promulgatelike rules to ensure the coordination of services, timely placement of children,and the reduction of unnecessary or duplicative administrative or proceduralrequirements.ARTICLE IV. JURISDICTIONA. Except as provided in Article IV, SectionH, and Article V, Section B, paragraph two and three, concerning private andindependent adoptions, and in interstate placements in which the public child-placingagency is not a party to a custody proceeding, the sending state shall retainjurisdiction over a child with respect to all matters of custody and dispositionof the child which it would have had if the child had remained in the sendingstate. Such jurisdiction shall also include the power to order the returnof the child to the sending state.B. When an issue of child protection orcustody is brought before a court in the receiving state, such court shallconfer with the court of the sending state to determine the most appropriateforum for adjudication.C. In cases that are before courts and subject to this compact,the taking of testimony for hearings before any judicial officer may occurin person or by telephone, audio-video conference, or such other means asapproved by the rules of the Interstate Commission; and Judicial officersmay communicate with other judicial officers and persons involved in the interstateprocess as may be permitted by their Canons of Judicial Conduct and any rulespromulgated by the Interstate Commission.D. In accordance with its own laws, thecourt in the sending state shall have authority to terminate its jurisdictionif:1. The child is reunified with the parent in the receiving statewho is the subject of allegations or findings of abuse or neglect, only withthe concurrence of the public child-placing agency in the receiving state;or2. The child is adopted; or3. The child reaches the age of majorityunder the laws of the sending state; or4. The child achieves legal independencepursuant to the laws of the sending state; or5. A guardianship is createdby a court in the receiving state with the concurrence of the court in thesending state; or6. An Indian tribe has petitioned for and received jurisdictionfrom the court in the sending state; or7. The public child-placing agency of thesending state requests termination and has obtained the concurrence of thepublic child-placing agency in the receiving state.E. When a sending statecourt terminates its jurisdiction, the receiving state child-placing agencyshall be notified.F. Nothing in this article shall defeat a claim of jurisdictionby a receiving state court sufficient to deal with an act of truancy, delinquency,crime, or behavior involving a child as defined by the laws of the receivingstate committed by the child in the receiving state which would be a violationof its laws.G. Nothing in this article shall limit the receiving state's abilityto take emergency jurisdiction for the protection of the child.H. The substantivelaws of the state in which an adoption will be finalized shall solely governall issues relating to the adoption of the child and the court in which theadoption proceeding is filed shall have subject matter jurisdiction regardingall substantive issues relating to the adoption, except:1. when thechild is a ward of another court that established jurisdiction over the childprior to the placement; or2. when the child is in the legal custodyof a public agency in the sending state; or3. when a court in the sending state hasotherwise appropriately assumed jurisdiction over the child, prior to thesubmission of the request for approval of placement.I. A final decree of adoptionshall not be entered in any jurisdiction until the placement is authorizedas an "approved placement" by the public child-placing agency in the receivingstate.ARTICLE V. PLACEMENT EVALUATIONA. Prior to sending, bringing, or causinga child to be sent or brought into a receiving state, the public child-placingagency shall provide a written request for assessment to the receiving state.B. For placementsby a private child-placing agency, a child may be sent or brought, or causedto be sent or brought, into a receiving state, upon receipt and immediatereview of the required content in a request for approval of a placement inboth the sending and receiving state public child-placing agency. The requiredcontent to accompany a request for approval shall include all of the following:1. A requestfor approval identifying the child, the birth parent(s), the prospective adoptiveparent(s), and the supervising agency, signed by the person requesting approval;and2. The appropriate consents or relinquishments signed by the birthparents in accordance with the laws of the sending state, or, where permitted,the laws of the state where the adoption will be finalized; and3. Certificationby a licensed attorney or authorized agent of a private adoption agency thatthe consent or relinquishment is in compliance with the applicable laws ofthe sending state, or where permitted the laws of the state where finalizationof the adoption will occur; and4. A home study; and5. An acknowledgmentof legal risk signed by the prospective adoptive parents.C. The sendingstate and the receiving state may request additional information or documentsprior to finalization of an approved placement, but they may not delay travelby the prospective adoptive parents with the child if the required contentfor approval has been submitted, received, and reviewed by the public child-placingagency in both the sending state and the receiving state.D. Approvalfrom the public child-placing agency in the receiving state for a provisionalor approved placement is required as provided for in the rules of the InterstateCommission.E. The procedures for making and the request for an assessmentshall contain all information and be in such form as provided for in the rulesof the Interstate Commission.F. Upon receipt of a request from the publicchild-placing agency of the sending state, the receiving state shall initiatean assessment of the proposed placement to determine its safety and suitability.If the proposed placement is a placement with a relative, the public child-placingagency of the sending state may request a determination for a provisionalplacement.G. The public child-placing agency in the receiving state may requestfrom the public child-placing agency or the private child-placing agency inthe sending state, and shall be entitled to receive supporting or additionalinformation necessary to complete the assessment or approve the placement.H. The publicchild-placing agency in the receiving state shall approve a provisional placementand complete or arrange for the completion of the assessment within the timeframesestablished by the rules of the Interstate Commission.I. For a placementby a private child-placing agency, the sending state shall not impose anyadditional requirements to complete the home study that are not required bythe receiving state, unless the adoption is finalized in the sending state.J. The InterstateCommission may develop uniform standards for the assessment of the safetyand suitability of interstate placements.ARTICLE VI. PLACEMENT AUTHORITYA. Exceptas otherwise provided in this compact, no child subject to this compact shallbe placed into a receiving state until approval for such placement is obtained.B. If thepublic child-placing agency in the receiving state does not approve the proposedplacement then the child shall not be placed. The receiving state shall providewritten documentation of any such determination in accordance with the rulespromulgated by the Interstate Commission. Such determination is not subjectto judicial review in the sending state.C. If the proposed placement is not approved,any interested party shall have standing to seek an administrative reviewof the receiving state's determination.1. The administrative review and any furtherjudicial review associated with the determination shall be conducted in thereceiving state pursuant to its applicable administrative procedures act.2. If a determinationnot to approve the placement of the child in the receiving state is overturnedupon review, the placement shall be deemed approved, provided, however, thatall administrative or judicial remedies have been exhausted or the time forsuch remedies has passed.ARTICLE VII. PLACING AGENCY RESPONSIBILITYA. For the interstateplacement of a child made by a public child-placing agency or state court:1. The publicchild-placing agency in the sending state shall have financial responsibilityfor:a. the ongoing support and maintenance for the child during theperiod of the placement, unless otherwise provided for in the receiving state;andb. as determined by the public child-placing agency in the sendingstate, services for the child beyond the public services for which the childis eligible in the receiving state.2. The receiving state shall only havefinancial responsibility for:a. any assessment conducted by the receivingstate; andb. supervision conducted by the receiving state at the level necessaryto support the placement as agreed upon by the public child-placing agenciesof the receiving and sending state.3. Nothing in this provision shall prohibitpublic child-placing agencies in the sending state from entering into agreementswith licensed agencies or persons in the receiving state to conduct assessmentsand provide supervision.B. For the placement of a child by a private child-placing agencypreliminary to a possible adoption, the private child-placing agency shallbe:1. Legally responsible for the child during the period of placementas provided for in the law of the sending state until the finalization ofthe adoption.2. Financially responsible for the child absent a contractual agreementto the contrary.C. The public child-placing agency in the receiving state shallprovide timely assessments, as provided for in the rules of the InterstateCommission.D. The public child-placing agency in the receiving state shallprovide, or arrange for the provision of, supervision and services for thechild, including timely reports, during the period of the placement.E. Nothingin this compact shall be construed as to limit the authority of the publicchild-placing agency in the receiving state from contracting with a licensedagency or person in the receiving state for an assessment or the provisionof supervision or services for the child or otherwise authorizing the provisionof supervision or services by a licensed agency during the period of placement.F. Each memberstate shall provide for coordination among its branches of government concerningthe state's participation in, and compliance with, the compact and InterstateCommission activities, through the creation of an advisory council or useof an existing body or board.G. Each member state shall establish acentral state compact office, which shall be responsible for state compliancewith the compact and the rules of the Interstate Commission.H. The publicchild-placing agency in the sending state shall oversee compliance with theprovisions of the Indian Child Welfare Act, 25 U.S.C. 1901, et seq., for placementssubject to the provisions of this compact, prior to placement.I. With theconsent of the Interstate Commission, states may enter into limited agreementsthat facilitate the timely assessment and provision of services and supervisionof placements under this compact.ARTICLE VIII. INTERSTATE COMMISSION FORTHE PLACEMENT OF CHILDRENThe member states hereby establish, by way of this compact, a commissionknown as the "Interstate Commission for the Placement of Children." The activitiesof the Interstate Commission are the formation of public policy and are adiscretionary state function. The Interstate Commission shall:A. Be a jointcommission of the member states and shall have the responsibilities, powersand duties set forth herein, and such additional powers as may be conferredupon it by subsequent concurrent action of the respective legislatures ofthe member states.B. Consist of one commissioner from each member state who shallbe appointed by the executive head of the state human services administrationwith ultimate responsibility for the child welfare program. The appointedcommissioner shall have the legal authority to vote on policy related mattersgoverned by this compact binding the state.1. Each member state represented at a meetingof the Interstate Commission is entitled to one vote.2. A majority of themember states shall constitute a quorum for the transaction of business, unlessa larger quorum is required by the bylaws of the Interstate Commission.3. A representativeshall not delegate a vote to another member state.4. A representative maydelegate voting authority to another person from their state for a specifiedmeeting.C. In addition to the commissioners of each member state, the InterstateCommission shall include persons who are members of interested organizationsas defined in the bylaws or rules of the Interstate Commission. Such membersshall be ex officio and shall not be entitled to vote on any matter beforethe Interstate Commission.D. Establish an executive committee whichshall have the authority to administer the day-to-day operations and administrationof the Interstate Commission. It shall not have the power to engage in rulemaking.ARTICLE IX.POWERS AND DUTIES OF THE INTERSTATE COMMISSIONThe Interstate Commissionshall have the following powers:A. To promulgate rules and take all necessaryactions to effect the goals, purposes, and obligations as enumerated in thiscompact.B. To provide for dispute resolution among member states.C. To issue,upon request of a member state, advisory opinions concerning the meaning orinterpretation of the interstate compact, its bylaws, rules, or actions.D. To enforcecompliance with this compact or the bylaws or rules of the Interstate Commissionpursuant to Article XII of this compact.E. To collect standardized data concerningthe interstate placement of children subject to this compact as directed throughits rules which shall specify the data to be collected, the means of collectionand data exchange and reporting requirements.F. To establish and maintainoffices as may be necessary for the transacting of its business.G. To purchaseand maintain insurance and bonds.H. To hire or contract for services ofpersonnel or consultants as necessary to carry out its functions under thecompact and establish personnel qualification policies, and rates of compensation.I. To establishand appoint committees and officers, including, but not limited to, an executivecommittee as required by Article X of this compact.J. To accept any andall donations and grants of money, equipment, supplies, materials, and services,and to receive, utilize, and dispose thereof.K. To lease, purchase,accept contributions or donations of, or otherwise to own, hold, improve,or use any property, real, personal, or mixed.L. To sell, convey, mortgage,pledge, lease, exchange, abandon, or otherwise dispose of any property, real,personal, or mixed.M. To establish a budget and make expenditures.N. To adopta seal and bylaws governing the management and operation of the InterstateCommission.O. To report annually to the legislatures, governors, the judiciary,and state advisory councils of the member states concerning the activitiesof the Interstate Commission during the preceding year. Such reports shallalso include any recommendations that may have been adopted by the InterstateCommission.P. To coordinate and provide education, training and public awarenessregarding the interstate movement of children for officials involved in suchactivity.Q. To maintain books and records in accordance with the bylawsof the Interstate Commission.R. To perform such functions as may benecessary or appropriate to achieve the purposes of this compact.ARTICLE X.ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSIONA. Bylaws1. Withintwelve months after the first Interstate Commission meeting, the InterstateCommission shall adopt bylaws to govern its conduct as may be necessary orappropriate to carry out the purposes of the compact.2. The Interstate Commission'sbylaws and rules shall establish conditions and procedures under which theInterstate Commission shall make its information and official records availableto the public for inspection or copying. The Interstate Commission may exemptfrom disclosure information or official records to the extent they would adverselyaffect personal privacy rights or proprietary interests.B. Meetings1. The InterstateCommission shall meet at least once each calendar year. The chairperson maycall additional meetings and, upon the request of a simple majority of themember states shall call additional meetings.2. Public notice shallbe given by the Interstate Commission of all meetings and all meetings shallbe open to the public, except as set forth in the rules or as otherwise providedin the compact. The Interstate Commission and its committees may close a meeting,or portion thereof, where it determines by two-thirds vote that an open meetingwould be likely to:a. relate solely to the Interstate Commission's internal personnelpractices and procedures; orb. disclose matters specifically exemptedfrom disclosure by federal law; orc. disclose financial or commercial informationwhich is privileged, proprietary, or confidential in nature; ord. involveaccusing a person of a crime, or formally censuring a person; ore. discloseinformation of a personal nature where disclosure would constitute a clearlyunwarranted invasion of personal privacy or physically endanger one or morepersons; orf. disclose investigative records compiled for law enforcementpurposes; org. specifically relate to the Interstate Commission's participationin a civil action or other legal proceeding.3. For a meeting, orportion of a meeting, closed pursuant to this provision, the Interstate Commission'slegal counsel or designee shall certify that the meeting may be closed andshall reference each relevant exemption provision. The Interstate Commissionshall keep minutes which shall fully and clearly describe all matters discussedin a meeting and shall provide a full and accurate summary of actions taken,and the reasons therefor, including a description of the views expressed andthe record of a roll call vote. All documents considered in connection withan action shall be identified in such minutes. All minutes and documents ofa closed meeting shall remain under seal, subject to release by a majorityvote of the Interstate Commission or by court order.4. The bylaws may providefor meetings of the Interstate Commission to be conducted by telecommunicationor other electronic communication.C. Officers and Staff1. The InterstateCommission may, through its executive committee, appoint or retain a staffdirector for such period, upon such terms and conditions and for such compensationas the Interstate Commission may deem appropriate. The staff director shallserve as secretary to the Interstate Commission, but shall not have a vote.The staff director may hire and supervise such other staff as may be authorizedby the Interstate Commission.2. The Interstate Commission shall elect,from among its members, a chairperson and a vice-chairperson of the executivecommittee and other necessary officers, each of whom shall have such authorityand duties as may be specified in the bylaws.D. Qualified Immunity,Defense and Indemnification1. The Interstate Commission's staff directorand its employees shall be immune from suit and liability, either personallyor in their official capacity, for a claim for damage to or loss of propertyor personal injury or other civil liability caused or arising out of or relatingto an actual or alleged act, error, or omission that occurred, or that suchperson had a reasonable basis for believing occurred within the scope of Commissionemployment, duties, or responsibilities; provided, that such person shallnot be protected from suit or liability for damage, loss, injury, or liabilitycaused by a criminal act or the intentional or willful and wanton misconductof such person.a. The liability of the Interstate Commission's staff directorand employees or Interstate Commission representatives, acting within thescope of such person's employment or duties for acts, errors, or omissionsoccurring within such person's state may not exceed the limits of liabilityset forth under the Constitution and laws of that state for state officials,employees, and agents. The Interstate Commission is considered to be an instrumentalityof the states for the purposes of any such action. Nothing in this subsectionshall be construed to protect such person from suit or liability for damage,loss, injury, or liability caused by a criminal act or the intentional orwillful and wanton misconduct of such person.b. The Interstate Commissionshall defend the staff director and its employees and, subject to the approvalof the Attorney General or other appropriate legal counsel of the member stateshall defend the commissioner of a member state in a civil action seekingto impose liability arising out of an actual or alleged act, error, or omissionthat occurred within the scope of Interstate Commission employment, duties,or responsibilities, or that the defendant had a reasonable basis for believingoccurred within the scope of Interstate Commission employment, duties, orresponsibilities, provided that the actual or alleged act, error, or omissiondid not result from intentional or willful and wanton misconduct on the partof such person.c. To the extent not covered by the state involved, member state,or the Interstate Commission, the representatives or employees of the InterstateCommission shall be held harmless in the amount of a settlement or judgment,including attorney's fees and costs, obtained against such persons arisingout of an actual or alleged act, error, or omission that occurred within thescope of Interstate Commission employment, duties, or responsibilities, orthat such persons had a reasonable basis for believing occurred within thescope of Interstate Commission employment, duties, or responsibilities, providedthat the actual or alleged act, error, or omission did not result from intentionalor willful and wanton misconduct on the part of such persons.ARTICLE XI.RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSIONA. The Interstate Commissionshall promulgate and publish rules in order to effectively and efficientlyachieve the purposes of the compact.B. Rulemaking shall occur pursuant to thecriteria set forth in this article and the bylaws and rules adopted pursuantthereto. Such rulemaking shall substantially conform to the principles ofthe "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated,Vol. 15, p. 1 (2000), or such other administrative procedure acts as the InterstateCommission deems appropriate consistent with due process requirements underthe United States Constitution as now or hereafter interpreted by the UnitedStates Supreme Court. All rules and amendments shall become binding as ofthe date specified, as published with the final version of the rule as approvedby the Interstate Commission.C. When promulgating a rule, the InterstateCommission shall, at a minimum:1. Publish the proposed rule's entire textstating the reason(s) for that proposed rule; and2. Allow and invite anyand all persons to submit written data, facts, opinions, and arguments, whichinformation shall be added to the record, and be made publicly available;and3. Promulgate a final rule and its effective date, if appropriate,based on input from state or local officials, or interested parties.D. Rules promulgatedby the Interstate Commission shall have the force and effect of administrativerules and shall be binding in the compacting states to the extent and in themanner provided for in this compact.E. Not later than sixty days after a ruleis promulgated, an interested person may file a petition in the U.S. DistrictCourt for the District of Columbia or in the Federal District Court wherethe Interstate Commission's principal office is located for judicial reviewof such rule. If the court finds that the Interstate Commission's action isnot supported by substantial evidence in the rulemaking record, the courtshall hold the rule unlawful and set it aside.F. If a majority of thelegislatures of the member states rejects a rule, those states may by enactmentof a statute or resolution in the same manner used to adopt the compact causethat such rule shall have no further force and effect in any member state.G. The existingrules governing the operation of the Interstate Compact on the Placement ofChildren superseded by this compact shall be null and void no less than twelvebut no more than twenty-four months after the first meeting of the InterstateCommission created hereunder, as determined by the members during the firstmeeting.H. Within the first twelve months of operation, the InterstateCommission shall promulgate rules addressing the following:1. Transitionrules2. Forms and procedures3. Timelines4. Data collection andreporting5. Rulemaking6. Visitation7. Progress reports/supervision8. Sharing of information/confidentiality9. Financingof the Interstate Commission10. Mediation, arbitration, and disputeresolution11. Education, training, and technical assistance12. Enforcement13. Coordinationwith other interstate compactsI. Upon determination by a majority ofthe members of the Interstate Commission that an emergency exists:1. The InterstateCommission may promulgate an emergency rule only if it is required to:a. Protectthe children covered by this compact from an imminent threat to their health,safety and well-being; orb. Prevent loss of federal or state funds; orc. Meet adeadline for the promulgation of an administrative rule required by federallaw.2. An emergency rule shall become effective immediately upon adoption,provided that the usual rulemaking procedures provided hereunder shall beretroactively applied to said rule as soon as reasonably possible, but nolater than ninety days after the effective date of the emergency rule.3. An emergencyrule shall be promulgated as provided for in the rules of the Interstate Commission.ARTICLE XII.OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENTA. Oversight1. The Interstate Commissionshall oversee the administration and operation of the compact.2. The executive,legislative and judicial branches of state government in each member stateshall enforce this compact and the rules of the Interstate Commission andshall take all actions necessary and appropriate to effectuate the compact'spurposes and intent. The compact and its rules shall be binding in the compactingstates to the extent and in the manner provided for in this compact.3. All courtsshall take judicial notice of the compact and the rules in any judicial oradministrative proceeding in a member state pertaining to the subject matterof this compact.4. The Interstate Commission shall be entitled to receive serviceof process in any action in which the validity of a compact provision or ruleis the issue for which a judicial determination has been sought and shallhave standing to intervene in any proceedings. Failure to provide serviceof process to the Interstate Commission shall render any judgment, order orother determination, however so captioned or classified, void as to the InterstateCommission, this compact, its bylaws or rules of the Interstate Commission.B. DisputeResolution1. The Interstate Commission shall attempt, upon the request ofa member state, to resolve disputes which are subject to the compact and whichmay arise among member states and between member and nonmember states.2. The InterstateCommission shall promulgate a rule providing for both mediation and bindingdispute resolution for disputes among compacting states. The costs of suchmediation or dispute resolution shall be the responsibility of the partiesto the dispute.C. Enforcement1. If the Interstate Commission determines that a member statehas defaulted in the performance of its obligations or responsibilities underthis compact, its bylaws, or rules, the Interstate Commission may:a. Provideremedial training and specific technical assistance; orb. Providewritten notice to the defaulting state and other member states, of the natureof the default and the means of curing the default. The Interstate Commissionshall specify the conditions by which the defaulting state must cure its default;orc. By majority vote of the members, initiate against a defaultingmember state legal action in the United States District Court for the Districtof Columbia or, at the discretion of the Interstate Commission, in the federaldistrict where the Interstate Commission has its principal office, to enforcecompliance with the provisions of the compact, its bylaws or rules. The reliefsought may include both injunctive relief and damages. In the event judicialenforcement is necessary the prevailing party shall be awarded all costs ofsuch litigation including reasonable attorney's fees; ord. Avail itselfof any other remedies available under state law or the regulation of officialor professional conduct.ARTICLE XIII. FINANCING OF THE COMMISSIONA. The Interstate Commissionshall pay, or provide for the payment of the reasonable expenses of its establishment,organization, and ongoing activities.B. The Interstate Commission may levy onand collect an annual assessment from each member state to cover the costof the operations and activities of the Interstate Commission and its staffwhich must be in a total amount sufficient to cover the Interstate Commission'sannual budget as approved by its members each year. The aggregate annual assessmentamount shall be allocated based upon a formula to be determined by the InterstateCommission which shall promulgate a rule binding upon all member states.C. The InterstateCommission shall not incur obligations of any kind prior to securing the fundsadequate to meet the same; nor shall the Interstate Commission pledge thecredit of any of the member states, except by and with the authority of themember state.D. The Interstate Commission shall keep accurate accounts of allreceipts and disbursements. The receipts and disbursements of the InterstateCommission shall be subject to the audit and accounting procedures establishedunder its bylaws. However, all receipts and disbursements of funds handledby the Interstate Commission shall be audited yearly by a certified or licensedpublic accountant and the report of the audit shall be included in and becomepart of the annual report of the Interstate Commission.ARTICLE XIV.MEMBER STATES, EFFECTIVE DATE, AND AMENDMENTA. Any state is eligibleto become a member state.B. The compact shall become effective and binding upon legislativeenactment of the compact into law by no less than thirty-five states. Theeffective date shall be the later of July 1, 2007, or upon enactment of thecompact into law by the thirty-fifth state. Thereafter it shall become effectiveand binding as to any other member state upon enactment of the compact intolaw by that state. The executive heads of the state human services administrationwith ultimate responsibility for the child welfare program of nonmember statesor their designees shall be invited to participate in the activities of theInterstate Commission on a nonvoting basis prior to adoption of the compactby all states.C. The Interstate Commission may propose amendments to the compactfor enactment by the member states. No amendment shall become effective andbinding on the member states unless and until it is enacted into law by unanimousconsent of the member states.ARTICLE XV. WITHDRAWAL AND DISSOLUTIONA. Withdrawal1. Once effective,the compact shall continue in force and remain binding upon each and everymember state; provided that a member state may withdraw from the compact specificallyrepealing the statute which enacted the compact into law.2. Withdrawalfrom this compact shall be by the enactment of a statute repealing the same.The effective date of withdrawal shall be the effective date of the repealof the statute.3. The withdrawing state shall immediately notify the presidentof the Interstate Commission in writing upon the introduction of legislationrepealing this compact in the withdrawing state. The Interstate Commissionshall then notify the other member states of the withdrawing state's intentto withdraw.4. The withdrawing state is responsible for all assessments, obligations,and liabilities incurred through the effective date of withdrawal.5. Reinstatementfollowing withdrawal of a member state shall occur upon the withdrawing statereenacting the compact or upon such later date as determined by the membersof the Interstate Commission.B. Dissolution of compact1. This compactshall dissolve effective upon the date of the withdrawal or default of themember state which reduces the membership in the compact to one member state.2. Upon thedissolution of this compact, the compact becomes null and void and shall beof no further force or effect, and the business and affairs of the InterstateCommission shall be concluded and surplus funds shall be distributed in accordancewith the bylaws.ARTICLE XVI. SEVERABILITY AND CONSTRUCTIONA. The provisions ofthis compact shall be severable, and if any phrase, clause, sentence, or provisionis deemed unenforceable, the remaining provisions of the compact shall beenforceable.B. The provisions of this compact shall be liberally construedto effectuate its purposes.C. Nothing in this compact shall be construedto prohibit the concurrent applicability of other interstate compacts to whichthe states are members.ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWSA. Other Laws1. Nothingherein prevents the enforcement of any other law of a member state that isnot inconsistent with this compact.B. Binding Effect of the compact1. All lawfulactions of the Interstate Commission, including all rules and bylaws promulgatedby the Interstate Commission, are binding upon the member states.2. All agreementsbetween the Interstate Commission and the member states are binding in accordancewith their terms.3. In the event any provision of this compact exceeds the constitutionallimits imposed on the legislature of any member state, such provision shallbe ineffective to the extent of the conflict with the constitutional provisionin question in that member state.ARTICLE XVIII. INDIAN TRIBESNotwithstandingany other provision in this compact, the Interstate Commission may promulgateguidelines to permit Indian tribes to utilize the compact to achieve any orall of the purposes of the compact as specified in Article I of this compact.The Interstate Commission shall make reasonable efforts to consult with Indiantribes in promulgating guidelines to reflect the diverse circumstances ofthe various Indian tribes. SourceLaws 2009, LB237, § 3. Cross ReferencesInterstate Compact for Juveniles, see section 43-1011.

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