Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2240
       
       
       
       
       
       
                                Barcode 627996                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       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         409.408Execution 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         409.409Effect 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         409.410Rulemaking 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.