Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 2240 Barcode 627996 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/25/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Children, Families, and Elder Affairs (Rich) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 409.408, Florida Statutes, is created to 6 read: 7 409.408 Execution of compact.—Effective July 1, 2009, or 8 upon the enactment of the compact into law by the 35th 9 compacting state, whichever date occurs later, the Governor is 10 authorized and directed to execute a compact on behalf of this 11 state with any other state or states legally joining therein in 12 the form substantially as follows: 13 14 INTERSTATE COMPACT 15 FOR THE PLACEMENT OF CHILDREN 16 17 ARTICLE I. PURPOSE 18 19 The purpose of this Interstate Compact for the Placement of 20 Children is to: 21 A. Provide a process through which children subject to this 22 compact are placed in safe and suitable homes in a timely 23 manner. 24 B. Facilitate ongoing supervision of a placement, the 25 delivery of services, and communication between the states. 26 C. Provide operating procedures that will ensure that 27 children are placed in safe and suitable homes in a timely 28 manner. 29 D. Provide for the promulgation and enforcement of 30 administrative rules implementing the provisions of this compact 31 and regulating the covered activities of the member states. 32 E. Provide for uniform data collection and information 33 sharing between member states under this compact. 34 F. Promote coordination between this compact, the 35 Interstate Compact for Juveniles, the Interstate Compact on 36 Adoption and Medical Assistance and other compacts affecting the 37 placement of and which provide services to children otherwise 38 subject to this compact. 39 G. Provide for a state’s continuing legal jurisdiction and 40 responsibility for placement and care of a child that it would 41 have had if the placement were intrastate. 42 H. Provide for the promulgation of guidelines, in 43 collaboration with Indian tribes, for interstate cases involving 44 Indian children as is or may be permitted by federal law. 45 46 ARTICLE II. DEFINITIONS 47 48 As used in this compact: 49 A. “Approved placement” means the public child placing 50 agency in the receiving state has determined that the placement 51 is both safe and suitable for the child. 52 B. “Assessment” means an evaluation of a prospective 53 placement by a public child placing agency in the receiving 54 state to determine if the placement meets the individualized 55 needs of the child, including, but not limited to, the child’s 56 safety and stability, health and well-being, and mental, 57 emotional, and physical development. An assessment is only 58 applicable to a placement by a public child placing agency. 59 C. “Child” means an individual who has not attained the age 60 of 18. 61 D. “Certification” means to attest, declare, or swear to 62 before a judge or notary public. 63 E. “Default” means the failure of a member state to perform 64 the obligations or responsibilities imposed upon it by this 65 compact or the bylaws or rules of the Interstate Commission. 66 F. “Home study” means an evaluation of a home environment 67 conducted in accordance with the applicable requirements of the 68 state in which the home is located and that documents the 69 preparation and the suitability of the placement resource for 70 placement of a child in accordance with the laws and 71 requirements of the state in which the home is located. 72 G. “Indian tribe” means any Indian tribe, band, nation, or 73 other organized group or community of Indians recognized as 74 eligible for services provided to Indians by the Secretary of 75 the Interior because of their status as Indians, including any 76 Alaskan native village as defined in section 3(c) of the Alaska 77 Native Claims Settlement Act, 43 U.S.C. s. 1602(c). 78 H. “Interstate Commission for the Placement of Children” or 79 “Interstate Commission” means the commission that is created 80 under Article VIII of this compact and which is generally 81 referred to as the Interstate Commission. 82 I. “Jurisdiction” means the power and authority of a court 83 to hear and decide matters. 84 J. “Legal Risk Placement” or “Legal Risk Adoption” means a 85 placement made preliminary to an adoption where the prospective 86 adoptive parents acknowledge in writing that a child can be 87 ordered returned to the sending state or the birth mother’s 88 state of residence, if different from the sending state, and a 89 final decree of adoption shall not be entered in any 90 jurisdiction until all required consents are obtained or are 91 dispensed with in accordance with applicable law. 92 K. “Member state” means a state that has enacted this 93 compact. 94 L. “Noncustodial parent” means a person who, at the time of 95 the commencement of court proceedings in the sending state, does 96 not have sole legal custody of the child or has joint legal 97 custody of a child, and who is not the subject of allegations or 98 findings of child abuse or neglect. 99 M. “Nonmember state” means a state which has not enacted 100 this compact. 101 N. “Notice of residential placement” means information 102 regarding a placement into a residential facility provided to 103 the receiving state, including, but not limited to, the name, 104 date and place of birth of the child, the identity and address 105 of the parent or legal guardian, evidence of authority to make 106 the placement, and the name and address of the facility in which 107 the child will be placed. Notice of residential placement shall 108 also include information regarding a discharge and any 109 unauthorized absence from the facility. 110 O. “Placement” means the act by a public or private child 111 placing agency intended to arrange for the care or custody of a 112 child in another state. 113 P. “Private child placing agency” means any private 114 corporation, agency, foundation, institution, or charitable 115 organization, or any private person or attorney that 116 facilitates, causes, or is involved in the placement of a child 117 from one state to another and that is not an instrumentality of 118 the state or acting under color of state law. 119 Q. “Provisional placement” means a determination made by 120 the public child placing agency in the receiving state that the 121 proposed placement is safe and suitable, and, to the extent 122 allowable, the receiving state has temporarily waived its 123 standards or requirements otherwise applicable to prospective 124 foster or adoptive parents so as to not delay the placement. 125 Completion of the receiving state requirements regarding 126 training for prospective foster or adoptive parents shall not 127 delay an otherwise safe and suitable placement. 128 R. “Public child placing agency” means any government child 129 welfare agency or child protection agency or a private entity 130 under contract with such an agency, regardless of whether they 131 act on behalf of a state, county, municipality or other 132 governmental unit and which facilitates, causes, or is involved 133 in the placement of a child from one state to another. 134 S. “Receiving state” means the state to which a child is 135 sent, brought, or caused to be sent or brought. 136 T. “Relative” means someone who is related to the child as 137 a parent, step-parent, sibling by half or whole blood or by 138 adoption, grandparent, aunt, uncle, or first cousin or a 139 nonrelative with such significant ties to the child that they 140 may be regarded as relatives as determined by the court in the 141 sending state. 142 U. “Residential Facility” means a facility providing a 143 level of care that is sufficient to substitute for parental 144 responsibility or foster care, and is beyond what is needed for 145 assessment or treatment of an acute condition. For purposes of 146 the compact, residential facilities do not include institutions 147 primarily educational in character, hospitals, or other medical 148 facilities. 149 V. “Rule” means a written directive, mandate, standard or 150 principle issued by the Interstate Commission promulgated 151 pursuant to Article XI of this compact that is of general 152 applicability and that implements, interprets or prescribes a 153 policy or provision of the compact. “Rule” has the force and 154 effect of an administrative rule in a member state, and includes 155 the amendment, repeal, or suspension of an existing rule. 156 W. “Sending state” means the state from which the placement 157 of a child is initiated. 158 X. “Service member’s permanent duty station” means the 159 military installation where an active duty Armed Services member 160 is currently assigned and is physically located under competent 161 orders that do not specify the duty as temporary. 162 Y. “Service member’s state of legal residence” means the 163 state in which the active duty Armed Services member is 164 considered a resident for tax and voting purposes. 165 Z. “State” means a state of the United States, the District 166 of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin 167 Islands, Guam, American Samoa, the Northern Marianas Islands and 168 any other territory of the United States. 169 AA. “State court” means a judicial body of a state that is 170 vested by law with responsibility for adjudicating cases 171 involving abuse, neglect, deprivation, delinquency or status 172 offenses of individuals who have not attained the age of 18. 173 BB. “Supervision” means monitoring provided by the 174 receiving state once a child has been placed in a receiving 175 state pursuant to this compact. 176 177 ARTICLE III. APPLICABILITY 178 179 A. Except as otherwise provided in Article III, Section B, 180 this compact shall apply to: 181 1. The interstate placement of a child subject to ongoing 182 court jurisdiction in the sending state, due to allegations or 183 findings that the child has been abused, neglected, or deprived 184 as defined by the laws of the sending state; provided, however, 185 that the placement of such a child into a residential facility 186 shall only require notice of residential placement to the 187 receiving state prior to placement. 188 2. The interstate placement of a child adjudicated 189 delinquent or unmanageable based on the laws of the sending 190 state and subject to ongoing court jurisdiction of the sending 191 state if: 192 a. The child is being placed in a residential facility in 193 another member state and is not covered under another compact; 194 or 195 b. The child is being placed in another member state and 196 the determination of safety and suitability of the placement and 197 services required is not provided through another compact. 198 3. The interstate placement of any child by a public child 199 placing agency or private child placing agency as defined in 200 this compact as a preliminary step to a possible adoption. 201 B. The provisions of this compact shall not apply to: 202 1. The interstate placement of a child in a custody 203 proceeding in which a public child placing agency is not a 204 party, provided, the placement is not intended to effectuate an 205 adoption. 206 2. The interstate placement of a child with a nonrelative 207 in a receiving state by a parent with the legal authority to 208 make such a placement; provided, however, that the placement is 209 not intended to effectuate an adoption. 210 3. The interstate placement of a child by one relative with 211 the lawful authority to make such a placement directly with a 212 relative in a receiving state. 213 4. The placement of a child, not subject to Article III, 214 Section A, into a residential facility by his parent. 215 5. The placement of a child with a noncustodial parent 216 provided that: 217 a. The noncustodial parent proves to the satisfaction of a 218 court in the sending state a substantial relationship with the 219 child; 220 b. The court in the sending state makes a written finding 221 that placement with the noncustodial parent is in the best 222 interests of the child; and 223 c. The court in the sending state dismisses its 224 jurisdiction in interstate placements in which the public child 225 placing agency is a party to the proceeding. 226 6. A child entering the United States from a foreign 227 country for the purpose of adoption or leaving the United States 228 to go to a foreign country for the purpose of adoption in that 229 country. 230 7. Cases in which a United States citizen child living 231 overseas with his family, at least one of whom is in the United 232 States Armed Services, and who is stationed overseas, is removed 233 and placed in a state. 234 8. The sending of a child by a public child placing agency 235 or a private child placing agency for a visit as defined by the 236 rules of the Interstate Commission. 237 C. For purposes of determining the applicability of this 238 compact to the placement of a child with a family in the United 239 States Armed Services, the public child placing agency or 240 private child placing agency may choose the state of the service 241 member’s permanent duty station or the service member’s declared 242 legal residence. 243 D. Nothing in this compact shall be construed to prohibit 244 the concurrent application of the provisions of this compact 245 with other applicable interstate compacts, including the 246 Interstate Compact for Juveniles and the Interstate Compact on 247 Adoption and Medical Assistance. The Interstate Commission may, 248 in cooperation with other interstate compact commissions having 249 responsibility for the interstate movement, placement or 250 transfer of children, promulgate like rules to ensure the 251 coordination of services, timely placement of children, and the 252 reduction of unnecessary or duplicative administrative or 253 procedural requirements. 254 255 ARTICLE IV. JURISDICTION 256 257 A. Except as provided in Article IV, Section H, and Article 258 V, Section B, paragraphs 2.and 3. concerning private and 259 independent adoptions, and in interstate placements in which the 260 public child placing agency is not a party to a custody 261 proceeding, the sending state shall retain jurisdiction over a 262 child with respect to all matters of custody and disposition of 263 the child which it would have had if the child had remained in 264 the sending state. Such jurisdiction shall also include the 265 power to order the return of the child to the sending state. 266 B. When an issue of child protection or custody is brought 267 before a court in the receiving state, such court shall confer 268 with the court of the sending state to determine the most 269 appropriate forum for adjudication. 270 C. In cases that are before courts and subject to this 271 compact, the taking of testimony for hearings before any 272 judicial officer may occur in person or by telephone, audio 273 video conference, or such other means as approved by the rules 274 of the Interstate Commission and judicial officers may 275 communicate with other judicial officers and persons involved in 276 the interstate process as may be permitted by their Canons of 277 Judicial Conduct and any rules promulgated by the Interstate 278 Commission. 279 D. In accordance with its own laws, the court in the 280 sending state shall have authority to terminate its jurisdiction 281 if: 282 1. The child is reunified with the parent in the receiving 283 state who is the subject of allegations or findings of abuse or 284 neglect, only with the concurrence of the public child placing 285 agency in the receiving state; 286 2. The child is adopted; 287 3. The child reaches the age of majority under the laws of 288 the sending state; 289 4. The child achieves legal independence pursuant to the 290 laws of the sending state; 291 5. A guardianship is created by a court in the receiving 292 state with the concurrence of the court in the sending state; 293 6. An Indian tribe has petitioned for and received 294 jurisdiction from the court in the sending state; or 295 7. The public child placing agency of the sending state 296 requests termination and has obtained the concurrence of the 297 public child placing agency in the receiving state. 298 E. When a sending state court terminates its jurisdiction, 299 the receiving state child placing agency shall be notified. 300 F. Nothing in this article shall defeat a claim of 301 jurisdiction by a receiving state court sufficient to deal with 302 an act of truancy, delinquency, crime or behavior involving a 303 child as defined by the laws of the receiving state committed by 304 the child in the receiving state which would be a violation of 305 its laws. 306 G. Nothing in this article shall limit the receiving 307 state’s ability to take emergency jurisdiction for the 308 protection of the child. 309 H. The substantive laws of the state in which an adoption 310 will be finalized shall solely govern all issues relating to the 311 adoption of the child and the court in which the adoption 312 proceeding is filed shall have subject matter jurisdiction 313 regarding all substantive issues relating to the adoption, 314 except: 315 1. When the child is a ward of another court that 316 established jurisdiction over the child prior to the placement; 317 2. When the child is in the legal custody of a public 318 agency in the sending state; or 319 3. When a court in the sending state has otherwise 320 appropriately assumed jurisdiction over the child, prior to the 321 submission of the request for approval of placement. 322 I. A final decree of adoption shall not be entered in any 323 jurisdiction until the placement is authorized as an “approved 324 placement” by the public child placing agency in the receiving 325 state. 326 327 ARTICLE V. PLACEMENT EVALUATION 328 329 A. Prior to sending, bringing, or causing a child to be 330 sent or brought into a receiving state, the public child placing 331 agency shall provide a written request for assessment to the 332 receiving state. 333 B. For placements by a private child placing agency, a 334 child may be sent or brought, or caused to be sent or brought, 335 into a receiving state, upon receipt and immediate review of the 336 required content in a request for approval of a placement in 337 both the sending and receiving state public child placing 338 agency. The required content to accompany a request for approval 339 shall include all of the following: 340 1. A request for approval identifying the child, birth 341 parents, the prospective adoptive parents, and the supervising 342 agency, signed by the person requesting approval. 343 2. The appropriate consents or relinquishments signed by 344 the birth parents in accordance with the laws of the sending 345 state, or where permitted the laws of the state where the 346 adoption will be finalized. 347 3. Certification by a licensed attorney or authorized agent 348 of a private adoption agency that the consent or relinquishment 349 is in compliance with the applicable laws of the sending state 350 or, where permitted, the laws of the state where finalization of 351 the adoption will occur. 352 4. A home study. 353 5. An acknowledgment of legal risk signed by the 354 prospective adoptive parents. 355 C. The sending state and the receiving state may request 356 additional information or documents prior to finalization of an 357 approved placement, but they may not delay travel by the 358 prospective adoptive parents with the child if the required 359 content for approval has been submitted, received, and reviewed 360 by the public child placing agency in both the sending state and 361 the receiving state. 362 D. Approval from the public child placing agency in the 363 receiving state for a provisional or approved placement is 364 required as provided for in the rules of the Interstate 365 Commission. 366 E. The procedures for making and the request for an 367 assessment shall contain all information and be in such form as 368 provided for in the rules of the Interstate Commission. 369 F. Upon receipt of a request from the public child placing 370 agency of the sending state, the receiving state shall initiate 371 an assessment of the proposed placement to determine its safety 372 and suitability. If the proposed placement is a placement with a 373 relative, the public child placing agency of the sending state 374 may request a determination for a provisional placement. 375 G. The public child placing agency in the receiving state 376 may request from the public child placing agency or the private 377 child placing agency in the sending state, and shall be entitled 378 to receive supporting or additional information necessary to 379 complete the assessment or approve the placement. 380 H. The public child placing agency in the receiving state 381 shall approve a provisional placement and complete or arrange 382 for the completion of the assessment within the timeframes 383 established by the rules of the Interstate Commission. 384 I. For a placement by a private child placing agency, the 385 sending state shall not impose any additional requirements to 386 complete the home study that are not required by the receiving 387 state, unless the adoption is finalized in the sending state. 388 J. The Interstate Commission may develop uniform standards 389 for the assessment of the safety and suitability of interstate 390 placements. 391 392 ARTICLE VI. PLACEMENT AUTHORITY 393 394 A. Except as otherwise provided in this compact, no child 395 subject to this compact shall be placed into a receiving state 396 until approval for such placement is obtained. 397 B. If the public child placing agency in the receiving 398 state does not approve the proposed placement then the child 399 shall not be placed. The receiving state shall provide written 400 documentation of any such determination in accordance with the 401 rules promulgated by the Interstate Commission. Such 402 determination is not subject to judicial review in the sending 403 state. 404 C. If the proposed placement is not approved, any 405 interested party shall have standing to seek an administrative 406 review of the receiving state’s determination. 407 1. The administrative review and any further judicial 408 review associated with the determination shall be conducted in 409 the receiving state pursuant to its applicable Administrative 410 Procedures Act. 411 2. If a determination not to approve the placement of the 412 child in the receiving state is overturned upon review, the 413 placement shall be deemed approved; provided, however, that all 414 administrative or judicial remedies have been exhausted or the 415 time for such remedies has passed. 416 417 ARTICLE VII. PLACING AGENCY RESPONSIBILITY 418 419 A. For the interstate placement of a child made by a public 420 child placing agency or state court: 421 1. The public child placing agency in the sending state 422 shall have financial responsibility for: 423 a. The ongoing support and maintenance for the child during 424 the period of the placement, unless otherwise provided for in 425 the receiving state; and 426 b. As determined by the public child placing agency in the 427 sending state, services for the child beyond the public services 428 for which the child is eligible in the receiving state. 429 2. The receiving state shall only have financial 430 responsibility for: 431 a. Any assessment conducted by the receiving state; and 432 b. Supervision conducted by the receiving state at the 433 level necessary to support the placement as agreed upon by the 434 public child placing agencies of the receiving and sending 435 state. 436 3. Nothing in this provision shall prohibit public child 437 placing agencies in the sending state from entering into 438 agreements with licensed agencies or persons in the receiving 439 state to conduct assessments and provide supervision. 440 B. For the placement of a child by a private child placing 441 agency preliminary to a possible adoption, the private child 442 placing agency shall be: 443 1. Legally responsible for the child during the period of 444 placement as provided for in the law of the sending state until 445 the finalization of the adoption. 446 2. Financially responsible for the child absent a 447 contractual agreement to the contrary. 448 C. The public child placing agency in the receiving state 449 shall provide timely assessments, as provided for in the rules 450 of the Interstate Commission. 451 D. The public child placing agency in the receiving state 452 shall provide, or arrange for the provision of, supervision and 453 services for the child, including timely reports, during the 454 period of the placement. 455 E. Nothing in this compact shall be construed as to limit 456 the authority of the public child placing agency in the 457 receiving state from contracting with a licensed agency or 458 person in the receiving state for an assessment or the provision 459 of supervision or services for the child or otherwise 460 authorizing the provision of supervision or services by a 461 licensed agency during the period of placement. 462 F. Each member state shall provide for coordination among 463 its branches of government concerning the state’s participation 464 in, and compliance with, the compact and Interstate Commission 465 activities, through the creation of an advisory council or use 466 of an existing body or board. 467 G. Each member state shall establish a central state 468 compact office, which shall be responsible for state compliance 469 with the compact and the rules of the Interstate Commission. 470 H. The public child placing agency in the sending state 471 shall oversee compliance with the provisions of the Indian Child 472 Welfare Act, 25 U.S.C. ss.1901 et seq., for placements subject 473 to the provisions of this compact, prior to placement. 474 I. With the consent of the Interstate Commission, states 475 may enter into limited agreements that facilitate the timely 476 assessment and provision of services and supervision of 477 placements under this compact. 478 479 ARTICLE VIII. INTERSTATE COMMISSION FOR 480 THE PLACEMENT OF CHILDREN 481 482 The member states hereby establish, by way of this compact, 483 a commission known as the “Interstate Commission for the 484 Placement of Children.” The activities of the Interstate 485 Commission are the formation of public policy and are a 486 discretionary state function. The Interstate Commission shall: 487 A. Be a joint commission of the member states and shall 488 have the responsibilities, powers and duties set forth herein, 489 and such additional powers as may be conferred upon it by 490 subsequent concurrent action of the respective legislatures of 491 the member states. 492 B. Consist of one commissioner from each member state who 493 shall be appointed by the executive head of the state human 494 services administration with ultimate responsibility for the 495 child welfare program. The appointed commissioner shall have the 496 legal authority to vote on policy related matters governed by 497 this compact binding the state. 498 1. Each member state represented at a meeting of the 499 Interstate Commission is entitled to one vote. 500 2. A majority of the member states shall constitute a 501 quorum for the transaction of business, unless a larger quorum 502 is required by the bylaws of the Interstate Commission. 503 3. A representative shall not delegate a vote to another 504 member state. 505 4. A representative may delegate voting authority to 506 another person from their state for a specified meeting. 507 C. In addition to the commissioners of each member state, 508 include persons who are members of interested organizations as 509 defined in the bylaws or rules of the Interstate Commission. 510 Such members shall be ex officio and shall not be entitled to 511 vote on any matter before the Interstate Commission. 512 D. Establish an executive committee which shall have the 513 authority to administer the day-to-day operations and 514 administration of the Interstate Commission. It shall not have 515 the power to engage in rulemaking. 516 517 ARTICLE IX. POWERS AND DUTIES OF 518 THE INTERSTATE COMMISSION 519 520 The Interstate Commission shall have the following powers: 521 A. To promulgate rules and take all necessary actions to 522 effect the goals, purposes and obligations as enumerated in this 523 compact. 524 B. To provide for dispute resolution among member states. 525 C. To issue, upon request of a member state, advisory 526 opinions concerning the meaning or interpretation of the 527 interstate compact, its bylaws, rules or actions. 528 D. To enforce compliance with this compact or the bylaws or 529 rules of the Interstate Commission pursuant to Article XII. 530 E. Collect standardized data concerning the interstate 531 placement of children subject to this compact as directed 532 through its rules, which shall specify the data to be collected, 533 the means of collection and data exchange, and reporting 534 requirements. 535 F. To establish and maintain offices as may be necessary 536 for the transacting of its business. 537 G. To purchase and maintain insurance and bonds. 538 H. To hire or contract for services of personnel or 539 consultants as necessary to carry out its functions under the 540 compact and establish personnel qualification policies, and 541 rates of compensation. 542 I. To establish and appoint committees and officers, 543 including, but not limited to, an executive committee as 544 required by Article X. 545 J. To accept any and all donations and grants of money, 546 equipment, supplies, materials, and services, and to receive, 547 utilize, and dispose thereof. 548 K. To lease, purchase, accept contributions or donations 549 of, or otherwise to own, hold, improve, or use any property, 550 real, personal, or mixed. 551 L. To sell, convey, mortgage, pledge, lease, exchange, 552 abandon, or otherwise dispose of any property, real, personal, 553 or mixed. 554 M. To establish a budget and make expenditures. 555 N. To adopt a seal and bylaws governing the management and 556 operation of the Interstate Commission. 557 O. To report annually to the legislatures, governors, the 558 judiciary, and state advisory councils of the member states 559 concerning the activities of the Interstate Commission during 560 the preceding year. Such reports shall also include any 561 recommendations that may have been adopted by the Interstate 562 Commission. 563 P. To coordinate and provide education, training, and 564 public awareness regarding the interstate movement of children 565 for officials involved in such activity. 566 Q. To maintain books and records in accordance with the 567 bylaws of the Interstate Commission. 568 R. To perform such functions as may be necessary or 569 appropriate to achieve the purposes of this compact. 570 571 ARTICLE X. ORGANIZATION AND OPERATION 572 OF THE INTERSTATE COMMISSION 573 574 A. Organization. 575 1. Within 12 months after the first Interstate Commission 576 meeting, the Interstate Commission shall adopt rules to govern 577 its conduct as may be necessary or appropriate to carry out the 578 purposes of the compact. 579 2. The Interstate Commission’s rules shall establish 580 conditions and procedures under which the Interstate Commission 581 shall make its information and official records available to the 582 public for inspection or copying. 583 B. Meetings. 584 1. The Interstate Commission shall meet at least once each 585 calendar year. The chairperson may call additional meetings and, 586 upon the request of a simple majority of the member states shall 587 call additional meetings. 588 2. Public notice shall be given by the Interstate 589 Commission of all meetings and all meetings shall be open to the 590 public. 591 3. The commission may provide for meetings of the 592 Interstate Commission to be conducted by telecommunication or 593 other electronic communication. 594 C. Officers and staff. 595 1. The Interstate Commission may, through its executive 596 committee, appoint or retain a staff director for such period, 597 upon such terms and conditions and for such compensation as the 598 Interstate Commission may deem appropriate. The staff director 599 shall serve as secretary to the Interstate Commission but shall 600 not have a vote. The staff director may hire and supervise such 601 other staff as may be authorized by the Interstate Commission. 602 2. The Interstate Commission shall elect, from among its 603 members, a chairperson and a vice chairperson of the executive 604 committee and other necessary officers, each of whom shall have 605 such authority and duties as may be specified in the bylaws. 606 D. Qualified immunity, defense and indemnification. 607 1. The Interstate Commission’s staff director and its 608 employees shall be immune from suit and liability, either 609 personally or in their official capacity, for a claim for damage 610 to or loss of property or personal injury or other civil 611 liability caused or arising out of or relating to an actual or 612 alleged act, error, or omission that occurred or that such 613 person had a reasonable basis for believing occurred within the 614 scope of Interstate Commission employment, duties, or 615 responsibilities; provided, however, that such person shall not 616 be protected from suit or liability for damage, loss, injury, or 617 liability caused by a criminal act or the intentional or willful 618 and wanton misconduct of such person. 619 a. The liability of the Interstate Commission’s staff 620 director and employees or Interstate Commission representatives, 621 acting within the scope of such person’s employment or duties, 622 for acts, errors, or omissions occurring within such person’s 623 state may not exceed the limits of liability set forth under the 624 Constitution and laws of that state for state officials, 625 employees, and agents. The Interstate Commission is considered 626 to be an instrumentality of the states for the purposes of any 627 such action. Nothing in this subsection shall be construed to 628 protect such person from suit or liability for damage, loss, 629 injury, or liability caused by a criminal act or the intentional 630 or willful and wanton misconduct of such person. 631 b. The Interstate Commission shall defend the staff 632 director and its employees and, subject to the approval of the 633 Attorney General or other appropriate legal counsel of the 634 member state shall defend the commissioner of a member state in 635 a civil action seeking to impose liability arising out of an 636 actual or alleged act, error, or omission that occurred within 637 the scope of Interstate Commission employment, duties, or 638 responsibilities, or that the defendant had a reasonable basis 639 for believing occurred within the scope of Interstate Commission 640 employment, duties, or responsibilities, provided that the 641 actual or alleged act, error, or omission did not result from 642 intentional or willful and wanton misconduct on the part of such 643 person. 644 c. To the extent not covered by the state involved, a 645 member state, or the Interstate Commission, the representatives 646 or employees of the Interstate Commission shall be held harmless 647 in the amount of a settlement or judgment, including attorney’s 648 fees and costs, obtained against such persons arising out of an 649 actual or alleged act, error, or omission that occurred within 650 the scope of Interstate Commission employment, duties, or 651 responsibilities, or that such persons had a reasonable basis 652 for believing occurred within the scope of Interstate Commission 653 employment, duties, or responsibilities, provided that the 654 actual or alleged act, error, or omission did not result from 655 intentional or willful and wanton misconduct on the part of such 656 persons. 657 658 ARTICLE XI. RULEMAKING FUNCTIONS 659 OF THE INTERSTATE COMMISSION 660 661 A. The Interstate Commission shall promulgate and publish 662 rules in order to effectively and efficiently achieve the 663 purposes of the compact. 664 B. Rulemaking shall occur pursuant to the criteria set 665 forth in this article and the bylaws and rules adopted pursuant 666 thereto. Such rulemaking shall substantially conform to the 667 principles of the “Model State Administrative Procedures Act,” 668 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such 669 other administrative procedure acts as the Interstate Commission 670 deems appropriate consistent with due process requirements under 671 the United States Constitution as now or hereafter interpreted 672 by the United States Supreme Court. All rules and amendments 673 shall become binding as of the date specified, as published with 674 the final version of the rule as approved by the Interstate 675 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 reasons 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 United States 692 District Court for the District of Columbia or in the Federal 693 District Court where the Interstate Commission’s principal 694 office is located for judicial review of such rule. If the court 695 finds that the Interstate Commission’s action is not supported 696 by substantial evidence in the rulemaking record, the court 697 shall hold the rule 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 than 706 24 months after the first meeting of the Interstate Commission 707 created hereunder, as determined by the members during the first 708 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. 740 741 ARTICLE XII. OVERSIGHT, DISPUTE 742 RESOLUTION, AND ENFORCEMENT 743 744 A. Oversight. 745 1. The Interstate Commission shall oversee the 746 administration and operation of the compact. 747 2. The executive, legislative, and judicial branches of 748 state government in each member state shall enforce this compact 749 and the rules of the Interstate Commission and shall take all 750 actions necessary and appropriate to effectuate the compact’s 751 purposes and intent. The compact and its rules shall be binding 752 in the compacting states to the extent and in the manner 753 provided for in this compact. 754 3. All courts shall take judicial notice of the compact and 755 the rules in any judicial or administrative proceeding in a 756 member state pertaining to the subject matter of this compact. 757 4. The Interstate Commission shall be entitled to receive 758 service of process in any action in which the validity of a 759 compact provision or rule is the issue for which a judicial 760 determination has been sought and shall have standing to 761 intervene in any proceedings. Failure to provide service of 762 process to the Interstate Commission shall render any judgment, 763 order, or other determination, however so captioned or 764 classified, void as to this compact, its bylaws, or rules of the 765 Interstate Commission. 766 B. Dispute resolution. 767 1. The Interstate Commission shall attempt, upon the 768 request of a member state, to resolve disputes which are subject 769 to the compact and which may arise among member states and 770 between member and nonmember states. 771 2. The Interstate Commission shall promulgate a rule 772 providing for both mediation and binding dispute resolution for 773 disputes among compacting states. The costs of such mediation or 774 dispute resolution shall be the responsibility of the parties to 775 the dispute. 776 C. Enforcement. 777 1. If the Interstate Commission determines that a member 778 state has defaulted in the performance of its obligations or 779 responsibilities under this compact, its bylaws, or rules of the 780 Interstate Commission, the Interstate Commission may: 781 a. Provide remedial training and specific technical 782 assistance; 783 b. Provide written notice to the defaulting state and other 784 member states of the nature of the default and the means of 785 curing the default. The Interstate Commission shall specify the 786 conditions by which the defaulting state must cure its default; 787 c. By majority vote of the members, initiate against a 788 defaulting member state legal action in the United States 789 District Court for the District of Columbia or, at the 790 discretion of the Interstate Commission, in the federal district 791 where the Interstate Commission has its principal office, to 792 enforce compliance with the provisions of the compact, its 793 bylaws, or rules of the Interstate Commission. The relief sought 794 may include both injunctive relief and damages. In the event 795 judicial enforcement is necessary the prevailing party shall be 796 awarded all costs of such litigation including reasonable 797 attorney’s fees; or 798 d. Avail itself of any other remedies available under state 799 law or the regulation of official or professional conduct. 800 801 ARTICLE XIII. FINANCING OF THE COMMISSION 802 803 A. The Interstate Commission shall pay, or provide for the 804 payment of, the reasonable expenses of its establishment, 805 organization, and ongoing activities. 806 B. The Interstate Commission may levy on and collect an 807 annual assessment from each member state to cover the cost of 808 the operations and activities of the Interstate Commission and 809 its staff, which must be in a total amount sufficient to cover 810 the Interstate Commission’s annual budget as approved by its 811 members each year. The aggregate annual assessment amount shall 812 be allocated based upon a formula to be determined by the 813 Interstate Commission which shall promulgate a rule binding upon 814 all member states. 815 C. The Interstate Commission shall not incur obligations of 816 any kind prior to securing the funds adequate to meet the same, 817 nor shall the Interstate Commission pledge the credit of any of 818 the member states, except by and with the authority of the 819 member state. 820 D. The Interstate Commission shall keep accurate accounts 821 of all receipts and disbursements. The receipts and 822 disbursements of the Interstate Commission shall be subject to 823 the audit and accounting procedures established under its 824 bylaws. However, all receipts and disbursements of funds handled 825 by the Interstate Commission shall be audited yearly by a 826 certified or licensed public accountant and the report of the 827 audit shall be included in and become part of the annual report 828 of the Interstate Commission. 829 ARTICLE XIV. MEMBER STATES, EFFECTIVE 830 DATE, AND AMENDMENT 831 832 A. Any state is eligible to become a member state. 833 B. The compact shall become effective and binding upon 834 legislative enactment of the compact into law by no less than 35 835 states. The effective date shall be the later of July 1, 2007, 836 or upon enactment of the compact into law by the 35th state. 837 Thereafter, it shall become effective and binding as to any 838 other member state upon enactment of the compact into law by 839 that state. The executive heads of the state human services 840 administration with ultimate responsibility for the child 841 welfare program of nonmember states or their designees shall be 842 invited to participate in the activities of the Interstate 843 Commission on a nonvoting basis prior to adoption of the compact 844 by all states. 845 C. The Interstate Commission may propose amendments to the 846 compact for enactment by the member states. No amendment shall 847 become effective and binding on the member states unless and 848 until it is enacted into law by unanimous consent of the member 849 states. 850 851 ARTICLE XV. WITHDRAWAL AND DISSOLUTION 852 853 A. Withdrawal. 854 1. Once effective, the compact shall continue in force and 855 remain binding upon each and every member state, provided that a 856 member state may withdraw from the compact by specifically 857 repealing the statute which enacted the compact into law. 858 2. Withdrawal from this compact shall be by the enactment 859 of a statute repealing the same. The effective date of 860 withdrawal shall be the effective date of the repeal of the 861 statute. 862 3. The withdrawing state shall immediately notify the 863 president of the Interstate Commission in writing upon the 864 introduction of legislation repealing this compact in the 865 withdrawing state. The Interstate Commission shall then notify 866 the other member states of the withdrawing state’s intent to 867 withdraw. 868 4. The withdrawing state is responsible for all 869 assessments, obligations, and liabilities incurred through the 870 effective date of withdrawal. 871 5. Reinstatement following withdrawal of a member state 872 shall occur upon the withdrawing state reenacting the compact or 873 upon such later date as determined by the members of the 874 Interstate Commission. 875 B. Dissolution of compact. 876 1. This compact shall dissolve effective upon the date of 877 the withdrawal or default of the member state which reduces the 878 membership in the compact to one member state. 879 2. Upon the dissolution of this compact, the compact 880 becomes null and void and shall be of no further force or 881 effect, and the business and affairs of the Interstate 882 Commission shall be concluded and surplus funds shall be 883 distributed in accordance with the bylaws. 884 885 ARTICLE XVI. SEVERABILITY AND CONSTRUCTION 886 887 A. The provisions of this compact shall be severable and if 888 any phrase, clause, sentence, or provision is deemed 889 unenforceable, the remaining provisions of the compact shall be 890 enforceable. 891 B. The provisions of this compact shall be liberally 892 construed to effectuate its purposes. 893 C. Nothing in this compact shall be construed to prohibit 894 the concurrent applicability of other interstate compacts to 895 which the states are members. 896 897 ARTICLE XVII. BINDING EFFECT OF COMPACT 898 AND OTHER LAWS 899 900 A. Other laws. 901 1. Nothing herein prevents the enforcement of any other law 902 of a member state that is not inconsistent with this compact. 903 B. Binding Effect of the compact. 904 1. All lawful actions of the Interstate Commission are 905 binding upon the member states. 906 2. All agreements between the Interstate Commission and the 907 member states are binding in accordance with their terms. 908 3. In the event any provision of this compact exceeds the 909 constitutional limits imposed on the legislature or executive 910 branch of any member state, such provision shall be ineffective 911 to the extent of the conflict with the constitutional provision 912 in question in that member state. 913 914 ARTICLE XVIII. INDIAN TRIBES 915 916 Notwithstanding any other provision in this compact, the 917 Interstate Commission may promulgate guidelines to permit Indian 918 tribes to utilize the compact to achieve any or all of the 919 purposes of the compact as specified in Article I. The 920 Interstate Commission shall make reasonable efforts to consult 921 with Indian tribes in promulgating guidelines to reflect the 922 diverse circumstances of the various Indian tribes. 923 Section 2. Section 409.409, Florida Statutes, is created to 924 read: 925 409.409 Effect of existing compact provisions.—The 926 provisions of the existing Interstate Compact on the Placement 927 of Children, as created under s. 409.401, shall remain in effect 928 until repealed by entry into the new compact, as created under 929 s. 409.408, by the Governor as authorized by ss. 409.408 930 409.410. 931 Section 3. Section 409.410, Florida Statutes, is created to 932 read: 933 409.410 Rulemaking authority.—Following entry into the new 934 Interstate Compact for the Placement of Children by the State of 935 Florida pursuant to ss. 409.408 and 409.409, any rules adopted 936 by the Interstate Commission shall not be binding unless also 937 adopted by the State of Florida through the rulemaking process. 938 The Department of Children and Family Services shall have 939 rulemaking authority pursuant to ss. 120.536(1) and 120.54 to 940 implement the provisions of the Interstate Compact for the 941 Placement of Children created under s. 409.408. 942 Section 4. This act shall take effect upon becoming a law. 943 944 ================= T I T L E A M E N D M E N T ================ 945 And the title is amended as follows: 946 Delete everything before the enacting clause 947 and insert: 948 A bill to be entitled 949 An act relating to the Interstate Compact for the 950 Placement of Children; creating s. 409.408, F.S.; 951 authorizing the Governor to execute a new interstate 952 compact on the placement of children; specifying the 953 provisions of the compact; creating s. 409.409, F.S.; 954 providing for the present Interstate Compact on the 955 Placement of Children to remain in effect until the 956 Governor enters into the new compact; creating s. 957 409.410, F.S.; providing rulemaking authority to the 958 Department of Children and Family Services; providing 959 an effective date.