Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1048

534108

CHAMBER ACTION

Senate

Comm: RCS

3/18/2008

House

The Committee on Judiciary (Baker) recommended the following

amendment:

Senate Amendment

Delete line(s) 983 through 1842

and insert:

Section 21. Section 409.401, Florida Statutes, is amended

to read:

(Substantial rewording of section. See s. 409.401,

F.S., for present text.)

409.401 Interstate Compact on the Placement of

Children.--The Interstate Compact on the Placement of Children

is enacted into law and entered into with all other

jurisdictions substantially as follows:

ARTICLE I. PURPOSE

The purpose of this Interstate Compact for the Placement of

Children is to:

A. Provide a process through which children subject to

this compact are placed in safe and suitable homes in a timely

manner.

B. Facilitate ongoing supervision of a placement, the

delivery of services, and communication between the states.

C. Provide operating procedures that will ensure that

children are placed in safe and suitable homes in a timely manner.

D. Provide for the promulgation and enforcement of

administrative rules implementing the provisions of this compact

and regulating the covered activities of the member states.

E. Provide for uniform data collection and information

sharing between member states under this compact.

F. Promote coordination between this compact, the

Interstate Compact for Juveniles, the Interstate Compact on

Adoption and Medical Assistance and other compacts affecting the

placement of and which provide services to children otherwise

subject to this compact.

G. Provide for a state's continuing legal jurisdiction and

responsibility for placement and care of a child that it would

have had if the placement were intrastate.

H. Provide for the promulgation of guidelines, in

collaboration with Indian tribes, for interstate cases involving

Indian children as is or may be permitted by federal law.

ARTICLE II. DEFINITIONS

As used in this compact,

A. "Approved placement" means the public child-placing

agency in the receiving state has determined that the placement

is both safe and suitable for the child.

B. "Assessment" means an evaluation of a prospective

placement by a public child-placing agency in the receiving

state to determine if the placement meets 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 placement by a public child-placing agency.

C. "Child" means an individual who has not attained the

age of 18.

D. "Certification" means to attest, declare, or swear to

before a judge or notary public.

E. "Default" means the failure of a member state to

perform the obligations or responsibilities imposed upon it by

this compact or the bylaws or rules of the Interstate

Commission.

F. "Home study" means an evaluation of a home environment

conducted in accordance with the applicable requirements of the

state in which the home is located, and documents the

preparation and the suitability of the placement resource for

placement of a child in accordance with the laws and

requirements of the state in which the home is located.

G. "Indian tribe" means any Indian tribe, band, nation, or

other organized group or community of Indians recognized as

eligible for services provided to Indians by the Secretary of

the Interior because of their status as Indians, including any

Alaskan native village as defined in section 3 (c) of the Alaska

Native Claims Settlement Act at 43 USC s. 1602(c).

H. "Interstate Commission for the Placement of Children"

means the commission that is created under Article VIII of this

compact and which is generally referred to as the Interstate

Commission.

I. "Jurisdiction" means the power and authority of a court

to hear and decide matters.

J. "Legal risk placement" ("legal risk adoption") means a

placement made preliminary to an adoption where the prospective

adoptive parents acknowledge in writing that a child can be

ordered returned to the sending state or the birth mother's

state of residence, if different from the sending state, and a

final decree of adoption shall not be entered in any

jurisdiction until all required consents are obtained or are

dispensed with in accordance with applicable law.

K. "Member state" means a state that has enacted this

compact.

L. "Noncustodial parent" means a person who, at the time

of the commencement of court proceedings in the sending state,

does not have sole legal custody of the child or has joint legal

custody of a child, and who is not the subject of allegations or

findings of child abuse or neglect.

M. "Nonmember state" means a state that has not enacted

this compact.

N. "Notice of residential placement" means information

regarding a placement into a residential facility provided to

the receiving state, including, but not limited to, the name,

date and place of birth of the child, the identity and address

100

of the parent or legal guardian, evidence of authority to make

101

the placement, and the name and address of the facility in which

102

the child will be placed. Notice of residential placement shall

103

also include information regarding a discharge and any

104

unauthorized absence from the facility.

105

O. "Placement" means the act by a public or private child-

106

placing agency intended to arrange for the care or custody of a

107

child in another state.

108

P. "Private child-placing agency" means any private

109

corporation, agency, foundation, institution, or charitable

110

organization, or any private person or attorney that

111

facilitates, causes, or is involved in the placement of a child

112

from one state to another and that is not an instrumentality of

113

the state or acting under color of state law.

114

Q. "Provisional placement" means a determination made by

115

the public child-placing agency in the receiving state that the

116

proposed placement is safe and suitable, and, to the extent

117

allowable, the receiving state has temporarily waived its

118

standards or requirements otherwise applicable to prospective

119

foster or adoptive parents so as to not delay the placement.

120

Completion of the receiving state requirements regarding

121

training for prospective foster or adoptive parents shall not

122

delay an otherwise safe and suitable placement.

123

R. "Public child-placing agency" means any government

124

child welfare agency or child protection agency or a private

125

entity under contract with such an agency, regardless of whether

126

they act on behalf of a state, county, municipality, or other

127

governmental unit and which facilitates, causes, or is involved

128

in the placement of a child from one state to another.

129

S. "Receiving state" means the state to which a child is

130

sent, brought, or caused to be sent or brought.

131

T. "Relative" means someone who is related to the child as

132

a parent, step-parent, sibling by half or whole blood or by

133

adoption, grandparent, aunt, uncle, or first cousin or a

134

nonrelative with such significant ties to the child that they

135

may be regarded as relatives as determined by the court in the

136

sending state.

137

U. "Residential facility" means a facility providing a

138

level of care that is sufficient to substitute for parental

139

responsibility or foster care, and is beyond what is needed for

140

assessment or treatment of an acute condition. For purposes of

141

the compact, residential facilities do not include institutions

142

primarily educational in character, hospitals, or other medical

143

facilities.

144

V. "Rule" means a written directive, mandate, standard, or

145

principle issued by the Interstate Commission promulgated

146

pursuant to Article XI of this compact which is of general

147

applicability and that implements, interprets, or prescribes a

148

policy or provision of the compact. "Rule" has the force and

149

effect of an administrative rule in a member state, and includes

150

the amendment, repeal, or suspension of an existing rule.

151

W. "Sending state" means the state from which the

152

placement of a child is initiated.

153

X. "Service member's permanent duty station" means the

154

military installation where an active duty Armed Services member

155

is currently assigned and is physically located under competent

156

orders that do not specify the duty as temporary.

157

Y. "Service member's state of legal residence" means the

158

state in which the active duty Armed Services member is

159

considered a resident for tax and voting purposes.

160

Z. "State" means a state of the United States, the

161

District of Columbia, the Commonwealth of Puerto Rico, the U.S.

162

Virgin Islands, Guam, American Samoa, the Northern Marianas

163

Islands, and any other territory of the United States.

164

AA. "State court" means a judicial body of a state that is

165

vested by law with responsibility for adjudicating cases

166

involving abuse, neglect, deprivation, delinquency, or status

167

offenses of individuals who have not attained the age of 18.

168

BB. "Supervision" means monitoring provided by the

169

receiving state once a child has been placed in a receiving

170

state pursuant to this compact.

171

ARTICLE III. APPLICABILITY

172

A. Except as otherwise provided in Article III, Section B,

173

this compact shall apply to:

174

1. The interstate placement of a child subject to ongoing

175

court jurisdiction in the sending state, due to allegations or

176

findings that the child has been abused, neglected, or deprived

177

as defined by the laws of the sending state, provided, however,

178

that the placement of such a child into a residential facility

179

shall only require notice of residential placement to the

180

receiving state prior to placement.

181

2. The interstate placement of a child adjudicated

182

delinquent or unmanageable based on the laws of the sending

183

state and subject to ongoing court jurisdiction of the sending

184

state if:

185

a. The child is being placed in a residential facility in

186

another member state and is not covered under another compact;

187

188

b. The child is being placed in another member state and

189

the determination of safety and suitability of the placement and

190

services required is not provided through another compact.

191

3. The interstate placement of any child by a public

192

child-placing agency or private child-placing agency as defined

193

in this compact as a preliminary step to a possible adoption.

194

B. The provisions of this compact shall not apply to:

195

1. The interstate placement of a child in a custody

196

proceeding in which a public child-placing agency is not a

197

party, provided, the placement is not intended to effectuate an

198

adoption.

199

2. The interstate placement of a child with a nonrelative

200

in a receiving state by a parent with the legal authority to

201

make such a placement, provided, however, that the placement is

202

not intended to effectuate an adoption.

203

3. The interstate placement of a child by one relative

204

with the lawful authority to make such a placement directly with

205

a relative in a receiving state.

206

4. The placement of a child, not subject to Article III,

207

Section A, into a residential facility by his parent.

208

5. The placement of a child with a noncustodial parent

209

provided that:

210

a. The noncustodial parent proves to the satisfaction of a

211

court in the sending state a substantial relationship with the

212

child;

213

b. The court in the sending state makes a written finding

214

that placement with the noncustodial parent is in the best

215

interests of the child; and

216

c. The court in the sending state dismisses its

217

jurisdiction over the child's case.

218

6. A child entering the United States from a foreign

219

country for the purpose of adoption or leaving the United States

220

to go to a foreign country for the purpose of adoption in that

221

country.

222

7. Cases in which a U.S. citizen child living overseas

223

with his family, at least one of whom is in the U.S. Armed

224

Services, and who is stationed overseas, is removed and placed

225

in a state.

226

8. The sending of a child by a public child-placing agency

227

or a private child-placing agency for a visit as defined by the

228

rules of the Interstate Commission.

229

C. For purposes of determining the applicability of this

230

compact to the placement of a child with a family in the Armed

231

Services, the public child-placing agency or private child-

232

placing agency may choose the state of the service member's

233

permanent duty station or the service member's declared legal

234

residence.

235

D. Nothing in this compact shall be construed to prohibit

236

the concurrent application of the provisions of this compact

237

with other applicable interstate compacts including the

238

Interstate Compact for Juveniles and the Interstate Compact on

239

Adoption and Medical Assistance. The Interstate Commission may

240

in cooperation with other interstate compact commissions having

241

responsibility for the interstate movement, placement, or

242

transfer of children, promulgate like rules to ensure the

243

coordination of services, timely placement of children, and the

244

reduction of unnecessary or duplicative administrative or

245

procedural requirements.

246

ARTICLE IV. JURISDICTION

247

A. Except as provided in Article IV, Section G and Article

248

V, Section B, paragraphs 2. and 3. concerning private and

249

independent adoptions, and in interstate placements in which the

250

public child-placing agency is not a party to a custody

251

proceeding, the sending state shall retain jurisdiction over a

252

child with respect to all matters of custody and disposition of

253

the child which it would have had if the child had remained in

254

the sending state. Such jurisdiction shall also include the

255

power to order the return of the child to the sending state.

256

B. When an issue of child protection or custody is brought

257

before a court in the receiving state, such court shall confer

258

with the court of the sending state to determine the most

259

appropriate forum for adjudication.

260

C. In accordance with its own laws, the court in the

261

sending state shall have authority to terminate its jurisdiction

262

if:

263

1. The child is reunified with the parent in the receiving

264

state who is the subject of allegations or findings of abuse or

265

neglect, only with the concurrence of the public child-placing

266

agency in the receiving state;

267

2. The child is adopted;

268

3. The child reaches the age of majority under the laws of

269

the sending state;

270

4. The child achieves legal independence pursuant to the

271

laws of the sending state;

272

5. A guardianship is created by a court in the receiving

273

state with the concurrence of the court in the sending state;

274

6. An Indian tribe has petitioned for and received

275

jurisdiction from the court in the sending state; or

276

7. The public child-placing agency of the sending state

277

requests termination and has obtained the concurrence of the

278

public child-placing agency in the receiving state.

279

D. When a sending state court terminates its jurisdiction,

280

the receiving state child-placing agency shall be notified.

281

E. Nothing in this article shall defeat a claim of

282

jurisdiction by a receiving state court sufficient to deal with

283

an act of truancy, delinquency, crime, or behavior involving a

284

child as defined by the laws of the receiving state committed by

285

the child in the receiving state which would be a violation of

286

its laws.

287

F. Nothing in this article shall limit the receiving

288

state's ability to take emergency jurisdiction for the

289

protection of the child.

290

G. The substantive laws of the state in which an adoption

291

will be finalized shall solely govern all issues relating to the

292

adoption of the child and the court in which the adoption

293

proceeding is filed shall have subject matter jurisdiction

294

regarding all substantive issues relating to the adoption,

295

except:

296

1. When the child is a ward of another court that

297

established jurisdiction over the child prior to the placement;

298

2. When the child is in the legal custody of a public

299

agency in the sending state; or

300

3. When a court in the sending state has otherwise

301

appropriately assumed jurisdiction over the child, prior to the

302

submission of the request for approval of placement.

303

H. A final decree of adoption shall not be entered in any

304

jurisdiction until the placement is authorized as an "approved

305

placement" by the public child-placing agency in the receiving

306

state.

307

ARTICLE V. PLACEMENT EVALUATION

308

A. Prior to sending, bringing, or causing a child to be

309

sent or brought into a receiving state, the public child-placing

310

agency shall provide a written request for assessment to the

311

receiving state.

312

B. For placements by a private child-placing agency, a

313

child may be sent or brought, or caused to be sent or brought,

314

into a receiving state, upon receipt and immediate review of the

315

required content in a request for approval of a placement in

316

both the sending and receiving state public child-placing

317

agency. The required content to accompany a request for

318

approval shall include all of the following:

319

1. A request for approval identifying the child, birth

320

parent(s), the prospective adoptive parent(s), and the

321

supervising agency, signed by the person requesting approval;

322

2. The appropriate consents or relinquishments signed by

323

the birth-parents in accordance with the laws of the sending

324

state, or where permitted the laws of the state where the

325

adoption will be finalized;

326

3. Certification by a licensed attorney or authorized

327

agent of a private adoption agency that the consent or

328

relinquishment is in compliance with the applicable laws of the

329

sending state, or where permitted the laws of the state where

330

finalization of the adoption will occur;

331

4. A home study; and

332

5. An acknowledgment of legal risk signed by the

333

prospective adoptive parents.

334

C. The sending state and the receiving state may request

335

additional information or documents prior to finalization of an

336

approved placement, but they may not delay travel by the

337

prospective adoptive parents with the child if the required

338

content for approval has been submitted, received, and reviewed

339

by the public child-placing agency in both the sending state and

340

the receiving state.

341

D. Approval from the public child-placing agency in the

342

receiving state for a provisional or approved placement is

343

required as provided for in the rules of the Interstate

344

Commission.

345

E. The procedures for making the request for an assessment

346

shall contain all information and be in such form as provided

347

for in the rules of the Interstate Commission.

348

F. Upon receipt of a request from the public child-placing

349

agency of the sending state, the receiving state shall initiate

350

an assessment of the proposed placement to determine its safety

351

and suitability. If the proposed placement is a placement with a

352

relative, the public child-placing agency of the sending state

353

may request a determination for a provisional placement.

354

G. The public child-placing agency in the receiving state

355

may request from the public child-placing agency or the private

356

child-placing agency in the sending state, and shall be entitled

357

to receive supporting or additional information necessary to

358

complete the assessment or approve the placement.

359

H. The public child-placing agency in the receiving state

360

shall approve a provisional placement and complete or arrange

361

for the completion of the assessment within the timeframes

362

established by the rules of the Interstate Commission.

363

I. For a placement by a private child-placing agency, the

364

sending state shall not impose any additional requirements to

365

complete the home study that are not required by the receiving

366

state, unless the adoption is finalized in the sending state.

367

J. The Interstate Commission may develop uniform standards

368

for the assessment of the safety and suitability of interstate

369

placements.

370

ARTICLE VI. PLACEMENT AUTHORITY

371

A. Except as otherwise provided in this compact, no child

372

subject to this compact shall be placed into a receiving state

373

until approval for such placement is obtained.

374

B. If the public child-placing agency in the receiving

375

state does not approve the proposed placement then the child

376

shall not be placed. The receiving state shall provide written

377

documentation of any such determination in accordance with the

378

rules promulgated by the Interstate Commission. Such

379

determination is not subject to judicial review in the sending

380

state.

381

C. If the proposed placement is not approved, any

382

interested party shall have standing to seek an administrative

383

review of the receiving state's determination.

384

1. The administrative review and any further judicial

385

review associated with the determination shall be conducted in

386

the receiving state pursuant to its applicable administrative

387

procedures.

388

2. If a determination not to approve the placement of the

389

child in the receiving state is overturned upon review, the

390

placement shall be deemed approved, provided, however, that all

391

administrative or judicial remedies have been exhausted or the

392

time for such remedies has passed.

393

ARTICLE VII. PLACING AGENCY RESPONSIBILITY

394

A. For the interstate placement of a child made by a

395

public child-placing agency or state court:

396

1. The public child-placing agency in the sending state

397

shall have financial responsibility for:

398

a. The ongoing support and maintenance for the child

399

during the period of the placement, unless otherwise provided

400

for in the receiving state; and

401

b. As determined by the public child-placing agency in the

402

sending state, services for the child beyond the public services

403

for which the child is eligible in the receiving state.

404

2. The receiving state shall only have financial

405

responsibility for:

406

a. Any assessment conducted by the receiving state; and

407

b. Supervision conducted by the receiving state at the

408

level necessary to support the placement as agreed upon by the

409

public child-placing agencies of the receiving and sending

410

state.

411

3. Nothing in this provision shall prohibit public child-

412

placing agencies in the sending state from entering into

413

agreements with licensed agencies or persons in the receiving

414

state to conduct assessments and provide supervision.

415

B. For the placement of a child by a private child-placing

416

agency preliminary to a possible adoption, the private child-

417

placing agency shall be:

418

1. Legally responsible for the child during the period of

419

placement as provided for in the law of the sending state until

420

the finalization of the adoption.

421

2. Financially responsible for the child absent a

422

contractual agreement to the contrary.

423

C. The public child-placing agency in the receiving state

424

shall provide timely assessments, as provided for in the rules

425

of the Interstate Commission.

426

D. The public child-placing agency in the receiving state

427

shall provide, or arrange for the provision of, supervision and

428

services for the child, including timely reports, during the

429

period of the placement.

430

E. Nothing in this compact shall be construed as to limit

431

the authority of the public child-placing agency in the

432

receiving state from contracting with a licensed agency or

433

person in the receiving state for an assessment or the provision

434

of supervision or services for the child or otherwise

435

authorizing the provision of supervision or services by a

436

licensed agency during the period of placement.

437

F. Each member state shall provide for coordination among

438

its branches of government concerning the state's participation

439

in, and compliance with, the compact and Interstate Commission

440

activities, through the creation of an advisory council or use

441

of an existing body or board.

442

G. Each member state shall establish a central state

443

compact office, which shall be responsible for state compliance

444

with the compact and the rules of the Interstate Commission.

445

H. The public child-placing agency in the sending state

446

shall oversee compliance with the provisions of the Indian Child

447

Welfare Act (25 USC ss. 1901 et seq.) for placements subject to

448

the provisions of this compact, prior to placement.

449

I. With the consent of the Interstate Commission, states

450

may enter into limited agreements that facilitate the timely

451

assessment and provision of services and supervision of

452

placements under this compact.

453

ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF

454

CHILDREN

455

The member states hereby establish, by way of this compact, a

456

commission known as the "Interstate Commission for the Placement

457

of Children." The activities of the Interstate Commission are

458

the formation of public policy and are a discretionary state

459

function. The Interstate Commission shall:

460

A. Be a joint commission of the member states and shall

461

have the responsibilities, powers, and duties set forth herein,

462

and such additional powers as may be conferred upon it by

463

subsequent concurrent action of the respective legislatures of

464

the member states.

465

B. Consist of one commissioner from each member state who

466

shall be appointed by the executive head of the state human

467

services administration with ultimate responsibility for the

468

child welfare program. The appointed commissioner shall have the

469

legal authority to vote on policy related matters governed by

470

this compact binding the state.

471

1. Each member state represented at a meeting of the

472

Interstate Commission is entitled to one vote.

473

2. A majority of the member states shall constitute a

474

quorum for the transaction of business, unless a larger quorum

475

is required by the bylaws of the Interstate Commission.

476

3. A representative shall not delegate a vote to another

477

member state.

478

4. A representative may delegate voting authority to

479

another person from their state for a specified meeting.

480

C. In addition to the commissioners of each member state,

481

the Interstate Commission shall include persons who are members

482

of interested organizations as defined in the bylaws or rules of

483

the Interstate Commission. Such members shall be ex officio and

484

shall not be entitled to vote on any matter before the

485

Interstate Commission.

486

D. Establish an executive committee which shall have the

487

authority to administer the day-to-day operations and

488

administration of the Interstate Commission. It shall not have

489

the power to engage in rulemaking.

490

ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

491

The Interstate Commission shall have the following powers:

492

A. To promulgate rules and take all necessary actions to

493

effect the goals, purposes, and obligations as enumerated in

494

this compact.

495

B. To provide for dispute resolution among member states.

496

C. To issue, upon request of a member state, advisory

497

opinions concerning the meaning or interpretation of the

498

interstate compact, its bylaws, rules, or actions.

499

D. To enforce compliance with this compact or the bylaws

500

or rules of the Interstate Commission pursuant to Article XII.

501

E. Collect standardized data concerning the interstate

502

placement of children subject to this compact as directed

503

through its rules which shall specify the data to be collected,

504

the means of collection and data exchange and reporting

505

requirements.

506

F. To establish and maintain offices as may be necessary

507

for the transaction of its business.

508

G. To purchase and maintain insurance and bonds.

509

H. To hire or contract for services of personnel or

510

consultants as necessary to carry out its functions under the

511

compact and establish personnel qualification policies and rates

512

of compensation.

513

I. To establish and appoint committees and officers

514

including, but not limited to, an executive committee as

515

required by Article X.

516

J. To accept any and all donations and grants of money,

517

equipment, supplies, materials, and services, and to receive,

518

utilize, and dispose thereof.

519

K. To lease, purchase, accept contributions or donations

520

of, or otherwise to own, hold, improve, or use any property,

521

real, personal, or mixed.

522

L. To sell, convey, mortgage, pledge, lease, exchange,

523

abandon, or otherwise dispose of any property, real, personal,

524

or mixed.

525

M. To establish a budget and make expenditures.

526

M. To adopt a seal and bylaws governing the management and

527

operation of the Interstate Commission.

528

O. To report annually to the legislatures, governors, the

529

judiciary, and state advisory councils of the member states

530

concerning the activities of the Interstate Commission during

531

the preceding year. Such reports shall also include any

532

recommendations that may have been adopted by the Interstate

533

Commission.

534

P. To coordinate and provide education, training, and

535

public awareness regarding the interstate movement of children

536

for officials involved in such activity.

537

Q. To maintain books and records in accordance with the

538

bylaws of the Interstate Commission.

539

R. To perform such functions as may be necessary or

540

appropriate to achieve the purposes of this compact.

541

ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE

542

COMMISSION

543

A. Bylaws

544

1. Within 12 months after the first Interstate Commission

545

meeting, the Interstate Commission shall adopt bylaws to govern

546

its conduct as may be necessary or appropriate to carry out the

547

purposes of the compact.

548

2. The Interstate Commission's bylaws and rules shall

549

establish conditions and procedures under which the Interstate

550

Commission shall make its information and official records

551

available to the public for inspection or copying. The

552

Interstate Commission may exempt from disclosure information or

553

official records to the extent they would adversely affect

554

personal privacy rights or proprietary interests.

555

B. Meetings

556

1. The Interstate Commission shall meet at least once each

557

calendar year. The chairperson may call additional meetings and,

558

upon the request of a simple majority of the member states shall

559

call additional meetings.

560

2. Public notice shall be given by the Interstate

561

Commission of all meetings and all meetings shall be open to the

562

public, except as set forth in the rules or as otherwise

563

provided in the compact. The Interstate Commission and its

564

committees may close a meeting, or portion thereof, where it

565

determines by two-thirds vote that an open meeting would be

566

likely to:

567

a. Relate solely to the Interstate Commission's internal

568

personnel practices and procedures;

569

b. Disclose matters specifically exempted from disclosure

570

by federal law;

571

c. Disclose financial or commercial information which is

572

privileged, proprietary, or confidential in nature; or

573

d. Involve accusing a person of a crime or formally

574

censuring a person;

575

e. Disclose information of a personal nature where

576

disclosure would constitute a clearly unwarranted invasion of

577

personal privacy or physically endanger one or more persons;

578

f. Disclose investigative records compiled for law

579

enforcement purposes; or

580

g. Specifically relate to the Interstate Commission's

581

participation in a civil action or other legal proceeding.

582

3. For a meeting, or portion of a meeting, closed pursuant

583

to this provision, the Interstate Commission's legal counsel or

584

designee shall certify that the meeting may be closed and shall

585

reference each relevant exemption provision. The Interstate

586

Commission shall keep minutes which shall fully and clearly

587

describe all matters discussed in a meeting and shall provide a

588

full and accurate summary of actions taken, and the reasons

589

therefore, including a description of the views expressed and

590

the record of a roll call vote. All documents considered in

591

connection with an action shall be identified in such minutes.

592

All minutes and documents of a closed meeting shall remain under

593

seal, subject to release by a majority vote of the Interstate

594

Commission or by court order.

595

4. The bylaws may provide for meetings of the Interstate

596

Commission to be conducted by telecommunication or other

597

electronic communication.

598

C. Officers and Staff

599

1. The Interstate Commission may, through its executive

600

committee, appoint or retain a staff director for such period,

601

upon such terms and conditions and for such compensation as the

602

Interstate Commission may deem appropriate. The staff director

603

shall serve as secretary to the Interstate Commission, but shall

604

not have a vote. The staff director may hire and supervise such

605

other staff as may be authorized by the Interstate Commission.

606

2. The Interstate Commission shall elect, from among its

607

members, a chairperson and a vice chairperson of the executive

608

committee and other necessary officers, each of whom shall have

609

such authority and duties as may be specified in the bylaws.

610

D. Qualified Immunity, Defense and Indemnification

611

1. The Interstate Commission's staff director and its

612

employees shall be immune from suit and liability, either

613

personally or in their official capacity, for a claim for damage

614

to or loss of property or personal injury or other civil

615

liability caused or arising out of or relating to an actual or

616

alleged act, error, or omission that occurred, or that such

617

person had a reasonable basis for believing occurred within the

618

scope of Commission employment, duties, or responsibilities;

619

provided, that such person shall not be protected from suit or

620

liability for damage, loss, injury, or liability caused by a

621

criminal act or the intentional or willful and wanton misconduct

622

of such person.

623

a. The liability of the Interstate Commission's staff

624

director and employees or Interstate Commission representatives,

625

acting within the scope of such person's employment or duties

626

for acts, errors, or omissions occurring within such person's

627

state may not exceed the limits of liability set forth under the

628

Constitution and laws of that state for state officials,

629

employees, and agents. The Interstate Commission is considered

630

to be an instrumentality of the states for the purposes of any

631

such action. Nothing in this subsection shall be construed to

632

protect such person from suit or liability for damage, loss,

633

injury, or liability caused by a criminal act or the intentional

634

or willful and wanton misconduct of such person.

635

b. The Interstate Commission shall defend the staff

636

director and its employees and, subject to the approval of the

637

Attorney General or other appropriate legal counsel of the

638

member state shall defend the commissioner of a member state in

639

a civil action seeking to impose liability arising out of an

640

actual or alleged act, error, or omission that occurred within

641

the scope of Interstate Commission employment, duties, or

642

responsibilities, or that the defendant had a reasonable basis

643

for believing occurred within the scope of Interstate Commission

644

employment, duties, or responsibilities, provided that the

645

actual or alleged act, error, or omission did not result from

646

intentional or willful and wanton misconduct on the part of such

647

person.

648

c. To the extent not covered by the state involved, member

649

state, or the Interstate Commission, the representatives or

650

employees of the Interstate Commission shall be held harmless in

651

the amount of a settlement or judgment, including attorney's

652

fees and costs, obtained against such persons arising out of an

653

actual or alleged act, error, or omission that occurred within

654

the scope of Interstate Commission employment, duties, or

655

responsibilities, or that such persons had a reasonable basis

656

for believing occurred within the scope of Interstate Commission

657

employment, duties, or responsibilities, provided that the

658

actual or alleged act, error, or omission did not result from

659

intentional or willful and wanton misconduct on the part of such

660

persons.

661

ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

662

A. The Interstate Commission shall promulgate and publish

663

rules in order to effectively and efficiently achieve the

664

purposes of the compact.

665

B. Rulemaking shall occur pursuant to the criteria set

666

forth in this article and the bylaws and rules adopted pursuant

667

thereto. Such rulemaking shall substantially conform to the

668

principles of the "Model State Administrative Procedures Act,"

669

1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such

670

other administrative procedure acts as the Interstate Commission

671

deems appropriate consistent with due process requirements under

672

the United States Constitution as now or hereafter interpreted

673

by the U.S. Supreme Court. All rules and amendments shall become

674

binding as of the date specified, as published with the final

675

version of the rule as approved by the Interstate Commission.

676

C. When promulgating a rule, the Interstate Commission

677

shall, at a minimum:

678

1. Publish the proposed rule's entire text stating the

679

reason(s) for that proposed rule;

680

2. Allow and invite any and all persons to submit written

681

data, facts, opinions, and arguments, which information shall be

682

added to the record, and be made publicly available; and

683

3. Promulgate a final rule and its effective date, if

684

appropriate, based on input from state or local officials, or

685

interested parties.

686

D. Rules promulgated by the Interstate Commission shall

687

have the force and effect of administrative rules and shall be

688

binding in the compacting states to the extent and in the manner

689

provided for in this compact.

690

E. Not later than 60 days after a rule is promulgated, an

691

interested person may file a petition in the U.S. District Court

692

for the District of Columbia or in the Federal District Court

693

where the Interstate Commission's principal office is located

694

for judicial review of such rule. If the court finds that the

695

Interstate Commission's action is not supported by substantial

696

evidence in the rulemaking record, the court shall hold the rule

697

unlawful and set it aside.

698

F. If a majority of the legislatures of the member states

699

rejects a rule, those states may, by enactment of a statute or

700

resolution in the same manner used to adopt the compact, cause

701

that such rule shall have no further force and effect in any

702

member state.

703

G. The existing rules governing the operation of the

704

Interstate Compact on the Placement of Children superseded by

705

this act shall be null and void no less than 12, but no more

706

than 24 months after the first meeting of the Interstate

707

Commission created hereunder, as determined by the members

708

during the first meeting.

709

H. Within the first 12 months of operation, the Interstate

710

Commission shall promulgate rules addressing the following:

711

1. Transition rules.

712

2. Forms and procedures.

713

3. Time lines.

714

4. Data collection and reporting.

715

5. Rulemaking.

716

6. Visitation.

717

7. Progress reports/supervision.

718

8. Sharing of information/confidentiality.

719

9. Financing of the Interstate Commission.

720

10. Mediation, arbitration, and dispute resolution.

721

11. Education, training, and technical assistance.

722

12. Enforcement

723

13. Coordination with other interstate compacts.

724

I. Upon determination by a majority of the members of the

725

Interstate Commission that an emergency exists:

726

1. The Interstate Commission may promulgate an emergency

727

rule only if it is required to:

728

a. Protect the children covered by this compact from an

729

imminent threat to their health, safety, and well-being;

730

b. Prevent loss of federal or state funds; or

731

c. Meet a deadline for the promulgation of an

732

administrative rule required by federal law.

733

2. An emergency rule shall become effective immediately

734

upon adoption, provided that the usual rulemaking procedures

735

provided hereunder shall be retroactively applied to said rule

736

as soon as reasonably possible, but no later than 90 days after

737

the effective date of the emergency rule.

738

3. An emergency rule shall be promulgated as provided for

739

in the rules of the Interstate Commission.

740

ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

741

A. Oversight.

742

1. The Interstate Commission shall oversee the

743

administration and operation of the compact.

744

2. The executive, legislative, and judicial branches of

745

state government in each member state shall enforce this compact

746

and the rules of the Interstate Commission and shall take all

747

actions necessary and appropriate to effectuate the compact's

748

purposes and intent. The compact and its rules shall be binding

749

in the compacting states to the extent and in the manner

750

provided for in this compact.

751

3. All courts shall take judicial notice of the compact

752

and the rules in any judicial or administrative proceeding in a

753

member state pertaining to the subject matter of this compact.

754

4. The Interstate Commission shall be entitled to receive

755

service of process in any action in which the validity of a

756

compact provision or rule is the issue for which a judicial

757

determination has been sought and shall have standing to

758

intervene in any proceedings. Failure to provide service of

759

process to the Interstate Commission shall render any judgment,

760

order, or other determination, however so captioned or

761

classified, void as to the Interstate Commission, this compact,

762

its bylaws, or rules of the Interstate Commission.

763

B. Dispute Resolution.

764

1. The Interstate Commission shall attempt, upon the

765

request of a member state, to resolve disputes which are subject

766

to the compact and which may arise among member states and

767

between member and nonmember states.

768

2. The Interstate Commission shall promulgate a rule

769

providing for both mediation and binding dispute resolution for

770

disputes among compacting states. The costs of such mediation or

771

dispute resolution shall be the responsibility of the parties to

772

the dispute.

773

C. Enforcement

774

1. If the Interstate Commission determines that a member

775

state has defaulted in the performance of its obligations or

776

responsibilities under this compact, its bylaws or rules, the

777

Interstate Commission may:

778

a. Provide remedial training and specific technical

779

assistance;

780

b. Provide written notice to the defaulting state and

781

other member states, of the nature of the default and the means

782

of curing the default. The Interstate Commission shall specify

783

the conditions by which the defaulting state must cure its

784

default;

785

c. By majority vote of the members, initiate against a

786

defaulting member state legal action in the United States

787

District Court for the District of Columbia or, at the

788

discretion of the Interstate Commission, in the federal district

789

where the Interstate Commission has its principal office, to

790

enforce compliance with the provisions of the compact, its

791

bylaws or rules. The relief sought may include both injunctive

792

relief and damages. In the event judicial enforcement is

793

necessary, the prevailing party shall be awarded all costs of

794

such litigation including reasonable attorney's fees; or

795

d. Avail itself of any other remedies available under

796

state law or the regulation of official or professional conduct.

797

ARTICLE XIII. FINANCING OF THE COMMISSION

798

A. The Interstate Commission shall pay, or provide for the

799

payment of the reasonable expenses of its establishment,

800

organization, and ongoing activities.

801

B. The Interstate Commission may levy on and collect an

802

annual assessment from each member state to cover the cost of

803

the operations and activities of the Interstate Commission and

804

its staff which must be in a total amount sufficient to cover

805

the Interstate Commission's annual budget as approved by its

806

members each year. The aggregate annual assessment amount shall

807

be allocated based upon a formula to be determined by the

808

Interstate Commission which shall promulgate a rule binding upon

809

all member states.

810

C. The Interstate Commission shall not incur obligations

811

of any kind prior to securing the funds adequate to meet the

812

same; nor shall the Interstate Commission pledge the credit of

813

any of the member states, except by and with the authority of

814

the member state.

815

D. The Interstate Commission shall keep accurate accounts

816

of all receipts and disbursements. The receipts and

817

disbursements of the Interstate Commission shall be subject to

818

the audit and accounting procedures established under its

819

bylaws. However, all receipts and disbursements of funds handled

820

by the Interstate Commission shall be audited yearly by a

821

certified or licensed public accountant and the report of the

822

audit shall be included in and become part of the annual report

823

of the Interstate Commission.

824

ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

825

A. Any state is eligible to become a member state.

826

B. The compact shall become effective and binding upon

827

legislative enactment of the compact into law by no less than 35

828

states. The effective date shall be the later of July 1, 2007,

829

or upon enactment of the compact into law by the 35th state.

830

Thereafter, it shall become effective and binding as to any

831

other member state upon enactment of the compact into law by

832

that state. The executive heads of the state human services

833

administration with ultimate responsibility for the child

834

welfare program of nonmember states or their designees shall be

835

invited to participate in the activities of the Interstate

836

Commission on a nonvoting basis prior to adoption of the compact

837

by all states.

838

C. The Interstate Commission may propose amendments to the

839

compact for enactment by the member states. No amendment shall

840

become effective and binding on the member states unless and

841

until it is enacted into law by unanimous consent of the member

842

states.

843

ARTICLE XV. WITHDRAWAL AND DISSOLUTION

844

A. Withdrawal

845

1. Once effective, the compact shall continue in force and

846

remain binding upon each and every member state. A member state

847

may withdraw from the compact specifically repealing the statute

848

which enacted the compact into law.

849

2. Withdrawal from this compact shall be by the enactment

850

of a statute repealing the same. The effective date of

851

withdrawal shall be the effective date of the repeal of the

852

statute.

853

3. The withdrawing state shall immediately notify the

854

president of the Interstate Commission in writing upon the

855

introduction of legislation repealing this compact in the

856

withdrawing state. The Interstate Commission shall then notify

857

the other member states of the withdrawing state's intent to

858

withdraw.

859

4. The withdrawing state is responsible for all

860

assessments, obligations, and liabilities incurred through the

861

effective date of withdrawal.

862

5. Reinstatement following withdrawal of a member state

863

shall occur upon the withdrawing state reenacting the compact or

864

upon such later date as determined by the members of the

865

Interstate Commission.

866

B. Dissolution of Compact

867

1. This compact shall dissolve effective upon the date of

868

the withdrawal or default of the member state which reduces the

869

membership in the compact to one member state.

870

2. Upon the dissolution of this compact, the compact

871

becomes null and void and shall be of no further force or

872

effect, and the business and affairs of the Interstate

873

Commission shall be concluded and surplus funds shall be

874

distributed in accordance with the bylaws.

875

ARTICLE XVI. SEVERABILITY AND CONSTRUCTION

876

A. The provisions of this compact shall be severable, and

877

if any phrase, clause, sentence, or provision is deemed

878

unenforceable, the remaining provisions of the compact shall be

879

enforceable.

880

B. The provisions of this compact shall be liberally

881

construed to effectuate its purposes.

882

C. Nothing in this compact shall be construed to prohibit

883

the concurrent applicability of other interstate compacts to

884

which the states are members.

885

ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS

886

A. Other Laws

887

1. Nothing herein prevents the enforcement of any other

888

law of a member state that is not inconsistent with this

889

compact.

890

B. Binding Effect of the Compact

891

1. All lawful actions of the Interstate Commission,

892

including all rules and bylaws promulgated by the Interstate

893

Commission, are binding upon the member states.

894

2. All agreements between the Interstate Commission and

895

the member states are binding in accordance with their terms.

896

3. If any provision of this compact exceeds the

897

constitutional limits imposed on the legislature of any member

898

state, such provision shall be ineffective to the extent of the

899

conflict with the constitutional provision in question in that

900

member state.

901

ARTICLE XVIII. INDIAN TRIBES

902

Notwithstanding any other provision in this compact, the

903

Interstate Commission may promulgate guidelines to permit Indian

904

tribes to utilize the compact to achieve any or all of the

905

purposes of the compact as specified in Article I. The

906

Interstate Commission shall make reasonable efforts to consult

907

with Indian tribes in promulgating guidelines to reflect the

908

diverse circumstances of the various Indian tribes.

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CODING: Words stricken are deletions; words underlined are additions.