CS/HB 1409

1	A bill to be entitled
2	An act relating to the placement of children; creating s.
3	409.408, F.S.; authorizing the Governor to execute a new
4	Interstate Compact for the Placement of Children;
5	specifying the provisions of the compact; creating s.
6	409.409, F.S.; providing for the present compact to remain
7	in effect until the Governor enters into the new compact;
8	creating s. 409.410, F.S.; providing rulemaking authority
9	to the Department of Children and Family Services;
10	providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 409.408, Florida Statutes, is created
15	to read:
16	409.408  Interstate Compact for the Placement of
17	Children.--Effective July 1, 2009, or upon the enactment of the
18	Interstate Compact for the Placement of Children into law by the
19	35th compacting state, whichever date occurs later, the Governor
20	is authorized and directed to execute a compact on behalf of
21	this state with any other state or states legally joining
22	therein in the form substantially as follows:
23
24	INTERSTATE COMPACT
25	FOR THE PLACEMENT OF CHILDREN
26
27	ARTICLE I.  PURPOSE
28
29	The purpose of this Interstate Compact for the Placement of
30	Children is to:
31	A.  Provide a process through which children subject to
32	this compact are placed in safe and suitable homes in a timely
33	manner.
34	B.  Facilitate ongoing supervision of a placement, the
35	delivery of services, and communication between the states.
36	C.  Provide operating procedures that will ensure that
37	children are placed in safe and suitable homes in a timely
38	manner.
39	D.  Provide for the promulgation and enforcement of
40	administrative rules implementing the provisions of this compact
41	and regulating the covered activities of the member states.
42	E.  Provide for uniform data collection and information
43	sharing between member states under this compact.
44	F.  Promote coordination between this compact, the
45	Interstate Compact for Juveniles, the Interstate Compact on
46	Adoption and Medical Assistance, and other compacts affecting
47	the placement of and which provide services to children
48	otherwise subject to this compact.
49	G.  Provide for a state's continuing legal jurisdiction and
50	responsibility for placement and care of a child that it would
51	have had if the placement were intrastate.
52	H.  Provide for the promulgation of guidelines, in
53	collaboration with Indian tribes, for interstate cases involving
54	Indian children as is or may be permitted by federal law.
55
56	ARTICLE II.  DEFINITIONS
57
58	As used in this compact:
59	A.  "Approved placement" means the public child-placing
60	agency in the receiving state has determined that the placement
61	is both safe and suitable for the child.
62	B.  "Assessment" means an evaluation of a prospective
63	placement by a public child-placing agency in the receiving
64	state to determine if the placement meets the individualized
65	needs of the child, including, but not limited to, the child's
66	safety and stability, health and well-being, and mental,
67	emotional, and physical development. An assessment is only
68	applicable to a placement by a public child-placing agency.
69	C.  "Child" means an individual who has not attained the
70	age of 18.
71	D.  "Certification" means to attest, declare, or swear to
72	before a judge or notary public.
73	E.  "Default" means the failure of a member state to
74	perform the obligations or responsibilities imposed upon it by
75	this compact or the bylaws or rules of the Interstate
76	Commission.
77	F.  "Home study" means an evaluation of a home environment
78	conducted in accordance with the applicable requirements of the
79	state in which the home is located and that documents the
80	preparation and the suitability of the placement resource for
81	placement of a child in accordance with the laws and
82	requirements of the state in which the home is located.
83	G.  "Indian tribe" means any Indian tribe, band, nation, or
84	other organized group or community of Indians recognized as
85	eligible for services provided to Indians by the Secretary of
86	the Interior because of their status as Indians, including any
87	Alaskan native village as defined in section 3(c) of the Alaska
88	Native Claims Settlement Act, 43 U.S.C. s. 1602(c).
89	H.  "Interstate Commission for the Placement of Children"
90	means the commission that is created under Article VIII of this
91	compact and which is generally referred to as the "Interstate
92	Commission."
93	I.  "Jurisdiction" means the power and authority of a court
94	to hear and decide matters.
95	J.  "Legal risk placement" or "legal risk adoption" means a
96	placement made preliminary to an adoption where the prospective
97	adoptive parents acknowledge in writing that a child can be
98	ordered returned to the sending state or the birth mother's
99	state of residence, if different from the sending state, and a
100	final decree of adoption shall not be entered in any
101	jurisdiction until all required consents are obtained or are
102	dispensed with in accordance with applicable law.
103	K.  "Member state" means a state that has enacted this
104	compact.
105	L.  "Noncustodial parent" means a person who, at the time
106	of the commencement of court proceedings in the sending state,
107	does not have sole legal custody of the child or has joint legal
108	custody of a child, and who is not the subject of allegations or
109	findings of child abuse or neglect.
110	M.  "Nonmember state" means a state which has not enacted
111	this compact.
112	N.  "Notice of residential placement" means information
113	regarding a placement into a residential facility provided to
114	the receiving state, including, but not limited to, the name,
115	date, and place of birth of the child, the identity and address
116	of the parent or legal guardian, evidence of authority to make
117	the placement, and the name and address of the facility in which
118	the child will be placed. Notice of residential placement shall
119	also include information regarding a discharge and any
120	unauthorized absence from the facility.
121	O.  "Placement" means the act by a public or private child-
122	placing agency intended to arrange for the care or custody of a
123	child in another state.
124	P.  "Private child-placing agency" means any private
125	corporation, agency, foundation, institution, or charitable
126	organization, or any private person or attorney, that
127	facilitates, causes, or is involved in the placement of a child
128	from one state to another and that is not an instrumentality of
129	the state or acting under color of state law.
130	Q.  "Provisional placement" means a determination made by
131	the public child-placing agency in the receiving state that the
132	proposed placement is safe and suitable, and, to the extent
133	allowable, the receiving state has temporarily waived its
134	standards or requirements otherwise applicable to prospective
135	foster or adoptive parents so as to not delay the placement.
136	Completion of the receiving state requirements regarding
137	training for prospective foster or adoptive parents shall not
138	delay an otherwise safe and suitable placement.
139	R.  "Public child-placing agency" means any government
140	child welfare agency or child protection agency or a private
141	entity under contract with such an agency, regardless of whether
142	the entity acts on behalf of a state, a county, a municipality,
143	or another governmental unit, and which facilitates, causes, or
144	is involved in the placement of a child from one state to
145	another.
146	S.  "Receiving state" means the state to which a child is
147	sent, brought, or caused to be sent or brought.
148	T.  "Relative" means someone who is related to the child as
149	a parent, stepparent, sibling by half or whole blood or by
150	adoption, grandparent, aunt, uncle, or first cousin or a
151	nonrelative with such significant ties to the child that the
152	nonrelative may be regarded as a relative as determined by the
153	court in the sending state.
154	U.  "Residential facility" means a facility providing a
155	level of care that is sufficient to substitute for parental
156	responsibility or foster care and that is beyond what is needed
157	for assessment or treatment of an acute condition. For purposes
158	of the compact, the term "residential facility" does not include
159	institutions primarily educational in character, hospitals, or
160	other medical facilities.
161	V.  "Rule" means a written directive, mandate, standard, or
162	principle issued by the Interstate Commission promulgated
163	pursuant to Article XI of this compact that is of general
164	applicability and that implements, interprets, or prescribes a
165	policy or provision of the compact. A rule has the force and
166	effect of an administrative rule in a member state and includes
167	the amendment, repeal, or suspension of an existing rule.
168	W.  "Sending state" means the state from which the
169	placement of a child is initiated.
170	X.  "Service member's permanent duty station" means the
171	military installation where an active duty United States Armed
172	Services member is currently assigned and is physically located
173	under competent orders that do not specify the duty as
174	temporary.
175	Y.  "Service member's state of legal residence" means the
176	state in which the active duty United States Armed Services
177	member is considered a resident for tax and voting purposes.
178	Z.  "State" means a state of the United States, the
179	District of Columbia, the Commonwealth of Puerto Rico, the
180	United States Virgin Islands, Guam, American Samoa, the Northern
181	Marianas Islands, and any other territory of the United States.
182	AA.  "State court" means a judicial body of a state that is
183	vested by law with responsibility for adjudicating cases
184	involving abuse, neglect, deprivation, delinquency, or status
185	offenses of individuals who have not attained the age of 18.
186	BB.  "Supervision" means monitoring provided by the
187	receiving state once a child has been placed in a receiving
188	state pursuant to this compact.
189
190	ARTICLE III.  APPLICABILITY
191
192	A.  Except as otherwise provided in Article III, Section B,
193	this compact shall apply to:
194	1.  The interstate placement of a child subject to ongoing
195	court jurisdiction in the sending state, due to allegations or
196	findings that the child has been abused, neglected, or deprived
197	as defined by the laws of the sending state; provided, however,
198	that the placement of such a child into a residential facility
199	shall only require notice of residential placement to the
200	receiving state prior to placement.
201	2.  The interstate placement of a child adjudicated
202	delinquent or unmanageable based on the laws of the sending
203	state and subject to ongoing court jurisdiction of the sending
204	state if:
205	a.  The child is being placed in a residential facility in
206	another member state and is not covered under another compact;
207	or
208	b.  The child is being placed in another member state and
209	the determination of safety and suitability of the placement and
210	services required is not provided through another compact.
211	3.  The interstate placement of any child by a public
212	child-placing agency or private child-placing agency as a
213	preliminary step to a possible adoption.
214	B.  The provisions of this compact shall not apply to:
215	1.  The interstate placement of a child in a custody
216	proceeding in which a public child-placing agency is not a
217	party; provided, however, that the placement is not intended to
218	effectuate an adoption.
219	2.  The interstate placement of a child with a nonrelative
220	in a receiving state by a parent with the legal authority to
221	make such a placement; provided, however, that the placement is
222	not intended to effectuate an adoption.
223	3.  The interstate placement of a child by one relative
224	with the lawful authority to make such a placement directly with
225	a relative in a receiving state.
226	4.  The placement of a child, not subject to Article III,
227	Section A, into a residential facility by his or her parent.
228	5.  The placement of a child with a noncustodial parent,
229	provided that:
230	a.  The noncustodial parent proves to the satisfaction of a
231	court in the sending state a substantial relationship with the
232	child;
233	b.  The court in the sending state makes a written finding
234	that placement with the noncustodial parent is in the best
235	interests of the child; and
236	c.  The court in the sending state dismisses its
237	jurisdiction in interstate placements in which the public child-
238	placing agency is a party to the proceeding.
239	6.  A child entering the United States from a foreign
240	country for the purpose of adoption or leaving the United States
241	to go to a foreign country for the purpose of adoption in that
242	country.
243	7.  Cases in which a child who is a United States citizen
244	living overseas with his or her family, at least one of whom is
245	in the United States Armed Services and stationed overseas, is
246	removed and placed in a state.
247	8.  The sending of a child by a public child-placing agency
248	or a private child-placing agency for a visit as defined by the
249	rules of the Interstate Commission.
250	C.  For purposes of determining the applicability of this
251	compact to the placement of a child with a family member in the
252	United States Armed Services, the public child-placing agency or
253	private child-placing agency may choose the state of the service
254	member's permanent duty station or the service member's declared
255	legal residence.
256	D.  Nothing in this compact shall be construed to prohibit
257	the concurrent application of the provisions of this compact
258	with other applicable interstate compacts, including the
259	Interstate Compact for Juveniles and the Interstate Compact on
260	Adoption and Medical Assistance. The Interstate Commission may,
261	in cooperation with other interstate compact commissions having
262	responsibility for the interstate movement, placement, or
263	transfer of children, promulgate similar rules to ensure the
264	coordination of services, timely placement of children, and
265	reduction of unnecessary or duplicative administrative or
266	procedural requirements.
267
268	ARTICLE IV.  JURISDICTION
269
270	A.  Except as provided in Article IV, Section H, and
271	Article V, Section B, paragraphs 2. and 3., concerning private
272	and independent adoptions, and in interstate placements in which
273	the public child-placing agency is not a party to a custody
274	proceeding, the sending state shall retain jurisdiction over a
275	child with respect to all matters of custody and disposition of
276	the child which it would have had if the child had remained in
277	the sending state. Such jurisdiction shall also include the
278	power to order the return of the child to the sending state.
279	B.  When an issue of child protection or custody is brought
280	before a court in the receiving state, such court shall confer
281	with the court of the sending state to determine the most
282	appropriate forum for adjudication.
283	C.  In cases that are before courts and subject to this
284	compact, the taking of testimony for hearings before any
285	judicial officer may occur in person or by telephone, audio-
286	video conference, or such other means as approved by the rules
287	of the Interstate Commission, and judicial officers may
288	communicate with other judicial officers and persons involved in
289	the interstate process as may be permitted by their Code of
290	Judicial Conduct and any rules promulgated by the Interstate
291	Commission.
292	D.  In accordance with its own laws, the court in the
293	sending state shall have authority to terminate its jurisdiction
294	if:
295	1.  The child is reunified with the parent in the receiving
296	state who is the subject of allegations or findings of abuse or
297	neglect, only with the concurrence of the public child-placing
298	agency in the receiving state;
299	2.  The child is adopted;
300	3.  The child reaches the age of majority under the laws of
301	the sending state;
302	4.  The child achieves legal independence pursuant to the
303	laws of the sending state;
304	5.  A guardianship is created by a court in the receiving
305	state with the concurrence of the court in the sending state;
306	6.  An Indian tribe has petitioned for and received
307	jurisdiction from the court in the sending state; or
308	7.  The public child-placing agency of the sending state
309	requests termination and has obtained the concurrence of the
310	public child-placing agency in the receiving state.
311	E.  When a sending state court terminates its jurisdiction,
312	the receiving state child-placing agency shall be notified.
313	F.  Nothing in this article shall defeat a claim of
314	jurisdiction by a receiving state court sufficient to deal with
315	an act of truancy, delinquency, crime, or behavior involving a
316	child as defined by the laws of the receiving state committed by
317	the child in the receiving state which would be a violation of
318	its laws.
319	G.  Nothing in this article shall limit the receiving
320	state's ability to take emergency jurisdiction for the
321	protection of the child.
322	H.  The substantive laws of the state in which an adoption
323	will be finalized shall solely govern all issues relating to the
324	adoption of the child, and the court in which the adoption
325	proceeding is filed shall have subject matter jurisdiction
326	regarding all substantive issues relating to the adoption,
327	except:
328	1.  When the child is a ward of another court that
329	established jurisdiction over the child prior to the placement;
330	2.  When the child is in the legal custody of a public
331	agency in the sending state; or
332	3.  When a court in the sending state has otherwise
333	appropriately assumed jurisdiction over the child prior to the
334	submission of the request for approval of placement.
335	I.  A final decree of adoption shall not be entered in any
336	jurisdiction until the placement is authorized as an "approved
337	placement" by the public child-placing agency in the receiving
338	state.
339
340	ARTICLE V.  PLACEMENT EVALUATION
341
342	A.  Prior to sending, bringing, or causing a child to be
343	sent or brought into a receiving state, the public child-placing
344	agency shall provide a written request for assessment to the
345	receiving state.
346	B.  For placements by a private child-placing agency, a
347	child may be sent or brought, or caused to be sent or brought,
348	into a receiving state upon receipt and immediate review of the
349	required content in a request for approval of a placement in
350	both the sending and receiving state public child-placing
351	agencies. The required content to accompany a request for
352	approval shall include all of the following:
353	1.  A request for approval identifying the child, the birth
354	parents, the prospective adoptive parents, and the supervising
355	agency, signed by the person requesting approval.
356	2.  The appropriate consents or relinquishments signed by
357	the birth parents in accordance with the laws of the sending
358	state or, where permitted, the laws of the state where the
359	adoption will be finalized.
360	3.  Certification by a licensed attorney or authorized
361	agent of a private adoption agency that the consent or
362	relinquishment is in compliance with the applicable laws of the
363	sending state or, where permitted, the laws of the state where
364	finalization of the adoption will occur.
365	4.  A home study.
366	5.  An acknowledgment of legal risk signed by the
367	prospective adoptive parents.
368	C.  The sending state and the receiving state may request
369	additional information or documents prior to finalization of an
370	approved placement, but they may not delay travel by the
371	prospective adoptive parents with the child if the required
372	content for approval has been submitted, received, and reviewed
373	by the public child-placing agency in both the sending state and
374	the receiving state.
375	D.  Approval from the public child-placing agency in the
376	receiving state for a provisional or approved placement is
377	required as provided for in the rules of the Interstate
378	Commission.
379	E.  The procedures for making the request for an assessment
380	shall contain all information and be in such form as provided
381	for in the rules of the Interstate Commission.
382	F.  Upon receipt of a request from the public child-placing
383	agency of the sending state, the receiving state shall initiate
384	an assessment of the proposed placement to determine its safety
385	and suitability. If the proposed placement is a placement with a
386	relative, the public child-placing agency of the sending state
387	may request a determination for a provisional placement.
388	G.  The public child-placing agency in the receiving state
389	may request from the public child-placing agency or the private
390	child-placing agency in the sending state, and shall be entitled
391	to receive, supporting or additional information necessary to
392	complete the assessment or approve the placement.
393	H.  The public child-placing agency in the receiving state
394	shall approve a provisional placement and complete or arrange
395	for the completion of the assessment within the timeframes
396	established by the rules of the Interstate Commission.
397	I.  For a placement by a private child-placing agency, the
398	sending state shall not impose any additional requirements to
399	complete the home study that are not required by the receiving
400	state, unless the adoption is finalized in the sending state.
401	J.  The Interstate Commission may develop uniform standards
402	for the assessment of the safety and suitability of interstate
403	placements.
404
405	ARTICLE VI.  PLACEMENT AUTHORITY
406
407	A.  Except as otherwise provided in this compact, no child
408	subject to this compact shall be placed in a receiving state
409	until approval for such placement is obtained.
410	B.  If the public child-placing agency in the receiving
411	state does not approve the proposed placement, then the child
412	shall not be placed. The receiving state shall provide written
413	documentation of any such determination in accordance with the
414	rules promulgated by the Interstate Commission. Such
415	determination is not subject to judicial review in the sending
416	state.
417	C.  If the proposed placement is not approved, any
418	interested party shall have standing to seek an administrative
419	review of the receiving state's determination.
420	1.  The administrative review and any further judicial
421	review associated with the determination shall be conducted in
422	the receiving state pursuant to its applicable Administrative
423	Procedures Act.
424	2.  If a determination not to approve the placement of the
425	child in the receiving state is overturned upon review, the
426	placement shall be deemed approved; provided, however, that all
427	administrative or judicial remedies have been exhausted or the
428	time for such remedies has passed.
429
430	ARTICLE VII.  PLACING AGENCY RESPONSIBILITY
431
432	A.  For the interstate placement of a child made by a
433	public child-placing agency or state court:
434	1.  The public child-placing agency in the sending state
435	shall have financial responsibility for:
436	a.  The ongoing support and maintenance for the child
437	during the period of the placement, unless otherwise provided
438	for in the receiving state; and
439	b.  As determined by the public child-placing agency in the
440	sending state, services for the child beyond the public services
441	for which the child is eligible in the receiving state.
442	2.  The receiving state shall only have financial
443	responsibility for:
444	a.  Any assessment conducted by the receiving state; and
445	b.  Supervision conducted by the receiving state at the
446	level necessary to support the placement as agreed upon by the
447	public child-placing agencies of the receiving and sending
448	states.
449	3.  Nothing in this section shall prohibit public child-
450	placing agencies in the sending state from entering into
451	agreements with licensed agencies or persons in the receiving
452	state to conduct assessments and provide supervision.
453	B.  For the placement of a child by a private child-placing
454	agency preliminary to a possible adoption, the private child-
455	placing agency shall be:
456	1.  Legally responsible for the child during the period of
457	placement as provided for in the law of the sending state until
458	the finalization of the adoption.
459	2.  Financially responsible for the child absent a
460	contractual agreement to the contrary.
461	C.  The public child-placing agency in the receiving state
462	shall provide timely assessments, as provided for in the rules
463	of the Interstate Commission.
464	D.  The public child-placing agency in the receiving state
465	shall provide, or arrange for the provision of, supervision and
466	services for the child, including timely reports, during the
467	period of the placement.
468	E.  Nothing in this compact shall be construed to limit the
469	authority of the public child-placing agency in the receiving
470	state from contracting with a licensed agency or person in the
471	receiving state for an assessment or the provision of
472	supervision or services for the child or otherwise authorizing
473	the provision of supervision or services by a licensed agency
474	during the period of placement.
475	F.  Each member state shall provide for coordination among
476	its branches of government concerning the state's participation
477	in and compliance with the compact and Interstate Commission
478	activities through the creation of an advisory council or use of
479	an existing body or board.
480	G.  Each member state shall establish a central state
481	compact office which shall be responsible for state compliance
482	with the compact and the rules of the Interstate Commission.
483	H.  The public child-placing agency in the sending state
484	shall oversee compliance with the provisions of the Indian Child
485	Welfare Act, 25 U.S.C. ss. 1901 et seq., for placements subject
486	to the provisions of this compact, prior to placement.
487	I.  With the consent of the Interstate Commission, states
488	may enter into limited agreements that facilitate the timely
489	assessment and provision of services and supervision of
490	placements under this compact.
491
492	ARTICLE VIII.  INTERSTATE COMMISSION FOR
493	THE PLACEMENT OF CHILDREN
494
495	The member states hereby establish, by way of this compact,
496	a commission known as the "Interstate Commission for the
497	Placement of Children." The activities of the Interstate
498	Commission are the formation of public policy and are a
499	discretionary state function. The Interstate Commission shall:
500	A.  Be a joint commission of the member states and shall
501	have the responsibilities, powers, and duties set forth herein
502	and such additional powers as may be conferred upon it by
503	subsequent concurrent action of the respective legislatures of
504	the member states.
505	B.  Consist of one commissioner from each member state who
506	shall be appointed by the executive head of the state human
507	services administration with ultimate responsibility for the
508	child welfare program. The appointed commissioner shall have the
509	legal authority to vote on policy-related matters governed by
510	this compact binding the state.
511	1.  Each member state represented at a meeting of the
512	Interstate Commission is entitled to one vote.
513	2.  A majority of the member states shall constitute a
514	quorum for the transaction of business, unless a larger quorum
515	is required by the bylaws of the Interstate Commission.
516	3.  A representative shall not delegate a vote to another
517	member state.
518	4.  A representative may delegate voting authority to
519	another person from that state for a specified meeting.
520	C.  Include, in addition to the commissioners of each
521	member state, persons who are members of interested
522	organizations as defined in the bylaws or rules of the
523	Interstate Commission. Such members shall be ex officio and
524	shall not be entitled to vote on any matter before the
525	Interstate Commission.
526	D.  Establish an executive committee which shall have the
527	authority to administer the day-to-day operations and
528	administration of the Interstate Commission. The executive
529	committee shall not have the power to engage in rulemaking.
530
531	ARTICLE IX.  POWERS AND DUTIES OF
532	THE INTERSTATE COMMISSION
533
534	The Interstate Commission shall have the following powers:
535	A.  To promulgate rules and take all necessary actions to
536	effect the goals, purposes, and obligations as enumerated in
537	this compact.
538	B.  To provide for dispute resolution among member states.
539	C.  To issue, upon request of a member state, advisory
540	opinions concerning the meaning or interpretation of the
541	interstate compact, its bylaws, rules, or actions.
542	D.  To enforce compliance with this compact or the bylaws
543	or rules of the Interstate Commission pursuant to Article XII.
544	E.  Collect standardized data concerning the interstate
545	placement of children subject to this compact as directed
546	through its rules, which shall specify the data to be collected,
547	the means of collection and data exchange, and reporting
548	requirements.
549	F.  To establish and maintain offices as may be necessary
550	for the transacting of its business.
551	G.  To purchase and maintain insurance and bonds.
552	H.  To hire or contract for services of personnel or
553	consultants as necessary to carry out its functions under the
554	compact and establish personnel qualification policies and rates
555	of compensation.
556	I.  To establish and appoint committees and officers,
557	including, but not limited to, an executive committee as
558	required by Article VIII, Section D, and Article X.
559	J.  To accept any and all donations and grants of money,
560	equipment, supplies, materials, and services, and to receive,
561	utilize, and dispose thereof.
562	K.  To lease, purchase, accept contributions or donations
563	of, or otherwise to own, hold, improve, or use any property,
564	real, personal, or mixed.
565	L.  To sell, convey, mortgage, pledge, lease, exchange,
566	abandon, or otherwise dispose of any property, real, personal,
567	or mixed.
568	M.  To establish a budget and make expenditures.
569	N.  To adopt a seal and bylaws governing the management and
570	operation of the Interstate Commission.
571	O.  To report annually to the legislatures, the governors,
572	the judiciary, and the state advisory councils of the member
573	states concerning the activities of the Interstate Commission
574	during the preceding year. Such reports shall also include any
575	recommendations that may have been adopted by the Interstate
576	Commission.
577	P.  To coordinate and provide education, training, and
578	public awareness regarding the interstate movement of children
579	for officials involved in such activity.
580	Q.  To maintain books and records in accordance with the
581	bylaws of the Interstate Commission.
582	R.  To perform such functions as may be necessary or
583	appropriate to achieve the purposes of this compact.
584
585	ARTICLE X.  ORGANIZATION AND OPERATION
586	OF THE INTERSTATE COMMISSION
587
588	A.  Bylaws.
589	1.  Within 12 months after the first Interstate Commission
590	meeting, the Interstate Commission shall adopt bylaws to govern
591	its conduct as may be necessary or appropriate to carry out the
592	purposes of the compact.
593	2.  The Interstate Commission's bylaws and rules shall
594	establish conditions and procedures under which the Interstate
595	Commission shall make its information and official records
596	available to the public for inspection or copying. The
597	Interstate Commission may exempt from disclosure information or
598	official records to the extent such disclosure would adversely
599	affect personal privacy rights or proprietary interests.
600	B.  Meetings.
601	1.  The Interstate Commission shall meet at least once each
602	calendar year. The chairperson may call additional meetings and,
603	upon the request of a simple majority of the member states,
604	shall call additional meetings.
605	2.  Public notice shall be given by the Interstate
606	Commission of all meetings, and all meetings shall be open to
607	the public.
608	3.  The bylaws may provide for meetings of the Interstate
609	Commission to be conducted by telecommunication or other
610	electronic communication.
611	C.  Officers and staff.
612	1.  The Interstate Commission may, through its executive
613	committee, appoint or retain a staff director for such period,
614	upon such terms and conditions, and for such compensation as the
615	Interstate Commission may deem appropriate. The staff director
616	shall serve as secretary to the Interstate Commission but shall
617	not have a vote. The staff director may hire and supervise such
618	other staff as may be authorized by the Interstate Commission.
619	2.  The Interstate Commission shall elect, from among its
620	members, a chairperson and a vice chairperson of the executive
621	committee, and other necessary officers, each of whom shall have
622	such authority and duties as may be specified in the bylaws.
623	D.  Qualified immunity, defense, and indemnification.
624	1.  The Interstate Commission's staff director and its
625	employees shall be immune from suit and liability, either
626	personally or in their official capacity, for a claim for damage
627	to or loss of property or personal injury or other civil
628	liability caused or arising out of or relating to an actual or
629	alleged act, error, or omission that occurred or that such
630	person had a reasonable basis for believing occurred within the
631	scope of Interstate Commission employment, duties, or
632	responsibilities; provided, however, that such person shall not
633	be protected from suit or liability for damage, loss, injury, or
634	liability caused by a criminal act or the intentional or willful
635	and wanton misconduct of such person.
636	a.  The liability of the Interstate Commission's staff
637	director and employees or Interstate Commission representatives,
638	acting within the scope of such person's employment or duties,
639	for acts, errors, or omissions occurring within such person's
640	state may not exceed the limits of liability set forth under the
641	Constitution and laws of that state for state officials,
642	employees, and agents. The Interstate Commission is considered
643	to be an instrumentality of the states for the purposes of any
644	such action. Nothing in this subsection shall be construed to
645	protect such person from suit or liability for damage, loss,
646	injury, or liability caused by a criminal act or the intentional
647	or willful and wanton misconduct of such person.
648	b.  The Interstate Commission shall defend the staff
649	director and its employees and, subject to the approval of the
650	Attorney General or other appropriate legal counsel of the
651	member state, shall defend the commissioner of a member state in
652	a civil action seeking to impose liability 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 the defendant had a reasonable basis
656	for believing occurred within the scope of Interstate Commission
657	employment, duties, or responsibilities; provided, however, that
658	the actual or alleged act, error, or omission did not result
659	from intentional or willful and wanton misconduct on the part of
660	such person.
661	c.  To the extent not covered by the state involved, a
662	member state, or the Interstate Commission, the representatives
663	or employees of the Interstate Commission shall be held harmless
664	in the amount of a settlement or judgment, including attorney's
665	fees and costs, obtained against such persons arising out of an
666	actual or alleged act, error, or omission that occurred within
667	the scope of Interstate Commission employment, duties, or
668	responsibilities, or that such persons had a reasonable basis
669	for believing occurred within the scope of Interstate Commission
670	employment, duties, or responsibilities; provided, however, that
671	the actual or alleged act, error, or omission did not result
672	from intentional or willful and wanton misconduct on the part of
673	such persons.
674
675	ARTICLE XI.  RULEMAKING FUNCTIONS
676	OF THE INTERSTATE COMMISSION
677
678	A.  The Interstate Commission shall promulgate and publish
679	rules in order to effectively and efficiently achieve the
680	purposes of the compact.
681	B.  Rulemaking shall occur pursuant to the criteria set
682	forth in this article and the bylaws and rules adopted pursuant
683	thereto. Such rulemaking shall substantially conform to the
684	principles of the "Model State Administrative Procedures Act,"
685	1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such
686	other administrative procedure acts as the Interstate Commission
687	deems appropriate, consistent with due process requirements
688	under the United States Constitution as now or hereafter
689	interpreted by the United States Supreme Court. All rules and
690	amendments shall become binding as of the date specified, as
691	published with the final version of the rule as approved by the
692	Interstate Commission.
693	C.  When promulgating a rule, the Interstate Commission
694	shall, at a minimum:
695	1.  Publish the proposed rule's entire text stating the
696	reasons for that proposed rule;
697	2.  Allow and invite any and all persons to submit written
698	data, facts, opinions, and arguments, which information shall be
699	added to the record and made publicly available; and
700	3.  Promulgate a final rule and its effective date, if
701	appropriate, based on input from state or local officials or
702	interested parties.
703	D.  Rules promulgated by the Interstate Commission shall
704	have the force and effect of administrative rules and shall be
705	binding in the compacting states to the extent and in the manner
706	provided for in this compact.
707	E.  Not later than 60 days after a rule is promulgated, an
708	interested person may file a petition in the United States
709	District Court for the District of Columbia or in the Federal
710	District Court where the Interstate Commission's principal
711	office is located for judicial review of such rule. If the court
712	finds that the Interstate Commission's action is not supported
713	by substantial evidence in the rulemaking record, the court
714	shall hold the rule unlawful and set it aside.
715	F.  If a majority of the legislatures of the member states
716	rejects a rule, those states may by enactment of a statute or
717	resolution in the same manner used to adopt the compact cause
718	that such rule shall have no further force and effect in any
719	member state.
720	G.  The existing rules governing the operation of the
721	Interstate Compact on the Placement of Children superseded by
722	this act shall be null and void no less than 12 months but no
723	more than 24 months after the first meeting of the Interstate
724	Commission created hereunder, as determined by the members
725	during the first meeting.
726	H.  Within the first 12 months of operation, the Interstate
727	Commission shall promulgate rules addressing the following:
728	1.  Transition rules.
729	2.  Forms and procedures.
730	3.  Timelines.
731	4.  Data collection and reporting.
732	5.  Rulemaking.
733	6.  Visitation.
734	7.  Progress reports and supervision.
735	8.  Sharing of information and confidentiality.
736	9.  Financing of the Interstate Commission.
737	10.  Mediation, arbitration, and dispute resolution.
738	11.  Education, training, and technical assistance.
739	12.  Enforcement.
740	13.  Coordination with other interstate compacts.
741	I.  Upon determination by a majority of the members of the
742	Interstate Commission that an emergency exists:
743	1.  The Interstate Commission may promulgate an emergency
744	rule only if it is required to:
745	a.  Protect the children covered by this compact from an
746	imminent threat to their health, safety, and well-being;
747	b.  Prevent loss of federal or state funds; or
748	c.  Meet a deadline for the promulgation of an
749	administrative rule required by federal law.
750	2.  An emergency rule shall become effective immediately
751	upon adoption, provided that the usual rulemaking procedures
752	provided hereunder shall be retroactively applied to the
753	emergency rule as soon as reasonably possible, but no later than
754	90 days after the effective date of the emergency rule.
755	3.  An emergency rule shall be promulgated as provided for
756	in the rules of the Interstate Commission.
757
758	ARTICLE XII.  OVERSIGHT, DISPUTE
759	RESOLUTION, AND ENFORCEMENT
760
761	A.  Oversight.
762	1.  The Interstate Commission shall oversee the
763	administration and operation of the compact.
764	2.  The executive, legislative, and judicial branches of
765	state government in each member state shall enforce this compact
766	and the rules of the Interstate Commission and shall take all
767	actions necessary and appropriate to effectuate the compact's
768	purposes and intent. The compact and its rules shall be binding
769	in the compacting states to the extent and in the manner
770	provided for in this compact.
771	3.  All courts shall take judicial notice of the compact
772	and the rules in any judicial or administrative proceeding in a
773	member state pertaining to the subject matter of this compact.
774	4.  The Interstate Commission shall be entitled to receive
775	service of process in any action in which the validity of a
776	compact provision or rule is the issue for which a judicial
777	determination has been sought and shall have standing to
778	intervene in any proceedings. Failure to provide service of
779	process to the Interstate Commission shall render any judgment,
780	order, or other determination, however so captioned or
781	classified, void as to this compact, its bylaws, or rules of the
782	Interstate Commission.
783	B.  Dispute resolution.
784	1.  The Interstate Commission shall attempt, upon the
785	request of a member state, to resolve disputes which are subject
786	to the compact and which may arise among member states and
787	between member and nonmember states.
788	2.  The Interstate Commission shall promulgate a rule
789	providing for both mediation and binding dispute resolution for
790	disputes among compacting states. The costs of such mediation or
791	dispute resolution shall be the responsibility of the parties to
792	the dispute.
793	C.  Enforcement.
794	1.  If the Interstate Commission determines that a member
795	state has defaulted in the performance of its obligations or
796	responsibilities under this compact, its bylaws, or rules of the
797	Interstate Commission, the Interstate Commission may:
798	a.  Provide remedial training and specific technical
799	assistance;
800	b.  Provide written notice to the defaulting state and
801	other member states of the nature of the default and the means
802	of curing the default. The Interstate Commission shall specify
803	the conditions by which the defaulting state must cure its
804	default;
805	c.  By majority vote of the members, initiate against a
806	defaulting member state legal action in the United States
807	District Court for the District of Columbia or, at the
808	discretion of the Interstate Commission, in the federal district
809	where the Interstate Commission has its principal office, to
810	enforce compliance with the provisions of the compact, its
811	bylaws, or rules of the Interstate Commission. The relief sought
812	may include both injunctive relief and damages. In the event
813	judicial enforcement is necessary, the prevailing party shall be
814	awarded all costs of such litigation, including reasonable
815	attorney's fees; or
816	d.  Avail itself of any other remedies available under
817	state law or the regulation of official or professional conduct.
818
819	ARTICLE XIII.  FINANCING OF THE COMMISSION
820
821	A.  The Interstate Commission shall pay, or provide for the
822	payment of, the reasonable expenses of its establishment,
823	organization, and ongoing activities.
824	B.  The Interstate Commission may levy on and collect an
825	annual assessment from each member state to cover the cost of
826	the operations and activities of the Interstate Commission and
827	its staff, which must be in a total amount sufficient to cover
828	the Interstate Commission's annual budget as approved by its
829	members each year. The aggregate annual assessment amount shall
830	be allocated based upon a formula to be determined by the
831	Interstate Commission, which shall promulgate a rule binding
832	upon all member states.
833	C.  The Interstate Commission shall not incur obligations
834	of any kind prior to securing the funds adequate to meet those
835	obligations, nor shall the Interstate Commission pledge the
836	credit of any of the member states, except by and with the
837	authority of the member state.
838	D.  The Interstate Commission shall keep accurate accounts
839	of all receipts and disbursements. The receipts and
840	disbursements of the Interstate Commission shall be subject to
841	the audit and accounting procedures established under its
842	bylaws. However, all receipts and disbursements of funds handled
843	by the Interstate Commission shall be audited yearly by a
844	certified or licensed public accountant, and the report of the
845	audit shall be included in and become part of the annual report
846	of the Interstate Commission.
847
848	ARTICLE XIV.  MEMBER STATES, EFFECTIVE
849	DATE, AND AMENDMENT
850
851	A.  Any state is eligible to become a member state.
852	B.  The compact shall become effective and binding upon
853	legislative enactment of the compact into law by no less than 35
854	states. The effective date shall be the later of July 1, 2007,
855	or upon enactment of the compact into law by the 35th state.
856	Thereafter, it shall become effective and binding as to any
857	other member state upon enactment of the compact into law by
858	that state. The executive heads of the state human services
859	administration with ultimate responsibility for the child
860	welfare program of nonmember states or their designees shall be
861	invited to participate in the activities of the Interstate
862	Commission on a nonvoting basis prior to adoption of the compact
863	by all states.
864	C.  The Interstate Commission may propose amendments to the
865	compact for enactment by the member states. No amendment shall
866	become effective and binding on the member states unless and
867	until it is enacted into law by unanimous consent of the member
868	states.
869
870	ARTICLE XV.  WITHDRAWAL AND DISSOLUTION
871
872	A.  Withdrawal.
873	1.  Once effective, the compact shall continue in force and
874	remain binding upon each and every member state, provided that a
875	member state may withdraw from the compact by specifically
876	repealing the statute which enacted the compact into law.
877	2.  Withdrawal from this compact shall be by the enactment
878	of a statute repealing the compact. The effective date of
879	withdrawal shall be the effective date of the repeal of the
880	statute.
881	3.  The withdrawing state shall immediately notify the
882	president of the Interstate Commission in writing upon the
883	introduction of legislation repealing this compact in the
884	withdrawing state. The Interstate Commission shall then notify
885	the other member states of the withdrawing state's intent to
886	withdraw.
887	4.  The withdrawing state is responsible for all
888	assessments, obligations, and liabilities incurred through the
889	effective date of withdrawal.
890	5.  Reinstatement following withdrawal of a member state
891	shall occur upon the withdrawing state reenacting the compact or
892	upon such later date as determined by the members of the
893	Interstate Commission.
894	B.  Dissolution of compact.
895	1.  This compact shall dissolve effective upon the date of
896	the withdrawal or default of the member state which reduces the
897	membership in the compact to one member state.
898	2.  Upon the dissolution of this compact, the compact
899	becomes null and void and shall be of no further force or
900	effect, and the business and affairs of the Interstate
901	Commission shall be concluded and surplus funds shall be
902	distributed in accordance with the bylaws.
903
904	ARTICLE XVI.  SEVERABILITY AND CONSTRUCTION
905
906	A.  The provisions of this compact shall be severable, and,
907	if any phrase, clause, sentence, or provision is deemed
908	unenforceable, the remaining provisions of the compact shall be
909	enforceable.
910	B.  The provisions of this compact shall be liberally
911	construed to effectuate its purposes.
912	C.  Nothing in this compact shall be construed to prohibit
913	the concurrent applicability of other interstate compacts to
914	which the states are members.
915
916	ARTICLE XVII.  BINDING EFFECT OF COMPACT
917	AND OTHER LAWS
918
919	A.  Other laws.
920	1.  Nothing in this compact prevents the enforcement of any
921	other law of a member state that is not inconsistent with this
922	compact.
923	B.  Binding effect of the compact.
924	1.  All lawful actions of the Interstate Commission,
925	including all rules and bylaws promulgated by the Interstate
926	Commission, are binding upon the member states.
927	2.  All agreements between the Interstate Commission and
928	the member states are binding in accordance with their terms.
929	3.  In the event any provision of this compact exceeds the
930	constitutional limits imposed on the legislature or executive
931	branch of any member state, such provision shall be ineffective
932	to the extent of the conflict with the constitutional provision
933	in question in that member state.
934
935	ARTICLE XVIII.  INDIAN TRIBES
936
937	Notwithstanding any other provision in this compact, the
938	Interstate Commission may promulgate guidelines to permit Indian
939	tribes to utilize the compact to achieve any or all of the
940	purposes of the compact as specified in Article I. The
941	Interstate Commission shall make reasonable efforts to consult
942	with Indian tribes in promulgating guidelines to reflect the
943	diverse circumstances of the various Indian tribes.
944	Section 2.  Section 409.409, Florida Statutes, is created
945	to read:
946	409.409  Effect of existing compact provisions.--The
947	provisions of the existing Interstate Compact on the Placement
948	of Children, as created under s. 409.401, shall remain in effect
949	until superseded by entry into the new Interstate Compact for
950	the Placement of Children, as created under s. 409.408, by the
951	Governor as authorized by ss. 409.408-409.410.
952	Section 3.  Section 409.410, Florida Statutes, is created
953	to read:
954	409.410  Rulemaking authority.--Following entry into the
955	new Interstate Compact for the Placement of Children by this
956	state pursuant to ss. 409.408 and 409.409, any rules adopted by
957	the Interstate Commission shall not be binding unless also
958	adopted by this state through the rulemaking process. The
959	Department of Children and Family Services shall have rulemaking
960	authority pursuant to ss. 120.536(1) and 120.54 to implement the
961	provisions of the Interstate Compact for the Placement of
962	Children created under s. 409.408.
963	Section 4.  This act shall take effect upon becoming a law.

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