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Statutes > North-carolina > Chapter_7B > GS_7B-3800

Article38.

Interstate Compact on thePlacement of Children.

§ 7B‑3800.  Adoption ofCompact.

The Interstate Compact on thePlacement of Children is hereby enacted into law and entered into with allother jurisdictions legally joining therein in a form substantially ascontained in this Article. It is the intent of the General Assembly thatArticle 37 of this Chapter shall govern interstate placements of childrenbetween North Carolina and any other jurisdictions not a party to this Compact.It is the intent of the General Assembly that Chapter 48 of the GeneralStatutes shall govern the adoption of children within the boundaries of NorthCarolina.

Article I. Purpose and Policy.

It is the purpose and policyof the party states to cooperate with each other in the interstate placement ofchildren to the end that:

(a)        Each childrequiring placement shall receive the maximum opportunity to be placed in asuitable environment and with persons or institutions having appropriatequalifications and facilities to provide a necessary and desirable degree andtype of care.

(b)        The appropriateauthorities in a state where a child is to be placed may have full opportunityto ascertain the circumstances of the proposed placement, thereby promotingfull compliance with applicable requirements for the protection of the child.

(c)        The properauthorities of the state from which the placement is made may obtain the mostcomplete information on the basis of which to evaluate a projected placementbefore it is made.

(d)        Appropriatejurisdictional arrangements for the care of children will be promoted.

Article II. Definitions.

As used in this Compact:

(a)        "Child"means a person who, by reason of minority, is legally subject to parental,guardianship or similar control.

(b)        "Sendingagency" means a party state officer or employee thereof; a subdivision ofa party state, or officer or employee thereof; a court of a party state; aperson, corporation, association, charitable agency or other entity whichsends, brings, or causes to be sent or brought any child to another partystate.

(c)        "Receivingstate" means the state to which a child is sent, brought, or caused to besent or brought, whether by public authorities or private persons or agencies,and whether for placement with state or local public authorities of [or] forplacement with private agencies or persons.

(d)        "Placement"means the arrangement for the care of a child in a family free or boarding homeor in a child‑caring agency or institution but does not include anyinstitution caring for the mentally ill, mentally defective, or epileptic orany institution primarily educational in character, and any hospital or othermedical facility.

(e)        "Appropriatepublic authorities" as used in Article III shall, with reference to thisState, mean the Department of Health and Human Services and said agency shallreceive and act with reference to notices required by Article III.

(f)         "Appropriateauthority in the receiving state" as used in paragraph (a) of Article Vshall, with reference to this State, means the Secretary.

(g)        "Executivehead" as used in Article VII means the Governor.

Article III. Conditions forPlacement.

(a)        No sending agencyshall send, bring, or cause to be sent or brought into any other party stateany child for placement in foster care or as a preliminary to a possibleadoption unless the sending agency shall comply with each and every requirementset forth in this Article and with the applicable laws of the receiving stategoverning the placement of children therein.

(b)        Prior to sending,bringing, or causing any child to be sent or brought into a receiving state forplacement in foster care or as a preliminary to a possible adoption, thesending agency shall furnish the appropriate public authorities in thereceiving state written notice of the intention to send, bring, or place thechild in the receiving state. The notice shall contain:

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

(2)        The identity andaddress or addresses of the parents or legal guardian.

(3)        The name and addressof the person, agency or institution to or with which the sending agencyproposes to send, bring, or place the child.

(4)        A full statement ofthe reasons for such proposed action and evidence of the authority pursuant towhich the placement is proposed to be made.

(c)        Any public officeror agency in a receiving state which is in receipt of a notice pursuant toparagraph (b) of this Article may request of the sending agency, or any otherappropriate officer or agency of or in the sending agency's state, and shall beentitled to receive therefrom, such supporting or additional information as itmay deem necessary under the circumstances to carry out the purpose and policyof this Compact.

(d)        The child shall notbe sent, brought, or caused to be sent or brought into the receiving stateuntil the appropriate public authorities in the receiving state shall notifythe sending agency, in writing, to the effect that the proposed placement doesnot appear to be contrary to the interests of the child.

Article IV. Penalty forIllegal Placement.

Thesending, bringing, or causing to be sent or brought into any receiving state ofa child in violation of the terms of this Compact shall constitute a violationof the laws respecting the placement of children of both the state in which thesending agency is located or from which it sends or brings the child and of thereceiving state. Such violation may be punished or subjected to penalty ineither jurisdiction in accordance with its laws. In addition to liability forany such punishment or penalty, any such violation shall constitute full andsufficient grounds for the suspension or revocation of any license, permit, orother legal authorization held by the sending agency which empowers or allowsit to place, or care for children.

Article V. Retention ofJurisdiction.

(a)        The sending agencyshall retain jurisdiction over the child sufficient to determine all matters inrelation to the custody, supervision, care, treatment, and disposition of thechild which it would have had if the child had remained in the sending agency'sstate, until the child is adopted, reaches majority, becomes self‑supportingor is discharged with the concurrence of the appropriate authority in thereceiving state. Such jurisdiction shall also include the power to effect orcause the return of the child or its transfer to another location and custodypursuant to law. The sending agency shall continue to have financialresponsibility for support and maintenance of the child during the period ofthe placement. Nothing contained herein shall defeat a claim of jurisdiction bya receiving state sufficient to deal with an act of delinquency or crimecommitted therein.

(b)        When the sendingagency is a public agency, it may enter into an agreement with an authorizedpublic or private agency in the receiving state providing for the performanceof one or more services in respect of such case by the latter as agent for thesending agency.

(c)        Nothing in thisCompact shall be construed to prevent a private charitable agency authorized toplace children in the receiving state from performing services or acting asagent in that state for a private charitable agency of the sending state; norto prevent the agency in the receiving state from discharging financialresponsibility for the support and maintenance of a child who has been placedon behalf of the sending agency without relieving the responsibility set forthin paragraph (a) hereof.

Article VI. Institutional Careof Delinquent Children.

A childadjudicated delinquent may be placed in an institution in another partyjurisdiction pursuant to this Compact, but no such placement shall be madeunless the child is given a court hearing on notice to the parent or guardianwith opportunity to be heard, prior to the child's being sent to such otherparty jurisdiction for institutional care and the court finds that:

(1)        Equivalentfacilities for the child are not available in the sending agency'sjurisdiction; and

(2)        Institutional carein the other jurisdiction is in the best interests of the child and will notproduce undue hardship.

Article VII. CompactAdministrator.

Theexecutive head of each jurisdiction party to this Compact shall designate anofficer who shall be general coordinator of activities under this Compact inthe officer's jurisdiction and who, acting jointly with like officers of otherparty jurisdictions, shall have power to promulgate rules and regulations tocarry out more effectively the terms and provisions of this Compact.

Article VIII. Limitations.

ThisCompact shall not apply to: (a) the sending or bringing of a child into areceiving state by the child's parent, stepparent, grandparent, adult brotheror sister, adult uncle or aunt, or the child's guardian and leaving the childwith any such relative or nonagency guardian in the receiving state. (b) Anyplacement, sending or bringing of a child into a receiving state pursuant toany other interstate compact to which both the state from which the child issent or brought and the receiving state are party, or to any other agreementbetween said states which has the force of law.

Article IX. Enactment andWithdrawal.

ThisCompact shall be open to joinder by any state, territory or possession of theUnited States, the District of Columbia, the Commonwealth of Puerto Rico, and,with the consent of Congress, the government of Canada or any province thereof.It shall become effective with respect to any such jurisdiction when suchjurisdiction has enacted the same into law. Withdrawal from this Compact shallbe by the enactment of a statute repealing the same, but shall not take effectuntil two years after the effective date of such statute and until writtennotice of the withdrawal has been given by the withdrawing state to thegovernor of each other party jurisdiction. Withdrawal of a party state shallnot affect the rights, duties, and obligations under this Compact of anysending agency therein with respect to a placement made prior to the effectivedate of withdrawal.

Article X. Construction andSeverability.

Theprovisions of this Compact shall be liberally construed to effectuate thepurposes thereof. The provisions of this Compact shall be severable and if anyphrase, clause, sentence, or provision of this Compact is declared to be contraryto the constitution of any party state or of the United States or theapplicability thereof to any government, agency, person, or circumstance isheld invalid, the validity of the remainder of this Compact and theapplicability thereof to any government, agency, person, or circumstance shallnot be affected thereby. If this Compact shall be held contrary to theconstitution of any state party thereto, the Compact shall remain in full forceand effect as to the remaining states and in full force and effect as to thestate affected as to all severable matters. (1971, c. 453, s. 1; 1973, c. 476, s. 138; 1983, c.454, s. 8; 1997‑443, s. 11A.118(a); 1998‑202, s. 6; 1999‑423,s. 3.)