7900-7912
FAMILY.CODE
SECTION 7900-7912
7900. The Interstate Compact on Placement of Children as set forth
in Section 7901 is hereby adopted and entered into with all other
jurisdictions joining therein.
7901. The provisions of the interstate compact referred to in
Section 7900 are as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
Article 1. Purpose and Policy
It is the purpose and policy of the party states to cooperate with
each other in the interstate placement of children to the end that:
(a) Each child requiring placement shall receive the maximum
opportunity to be placed in a suitable environment and with persons
or institutions having appropriate qualifications and facilities to
provide a necessary and desirable degree and type of care.
(b) The appropriate authorities in a state where a child is to be
placed may have full opportunity to ascertain the circumstances of
the proposed placement, thereby promoting full compliance with
applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the placement
is made may obtain the most complete information on the basis on
which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of
children will be promoted.
Article 2. Definitions
As used in this compact:
(a) "Child" means a person who, by reason of minority, is legally
subject to parental, guardianship, or similar control.
(b) "Sending agency" means a party state, or officer or employee
thereof; subdivision of a party state, or officer or employee
thereof; a court of a party state; a person, corporation,
association, charitable agency, or other entity which sends, brings,
or causes to be sent or brought any child to another party state.
(c) "Receiving state" means the state to which a child is sent,
brought, or caused to be sent or brought, whether by public
authorities or private persons or agencies, and whether for placement
with state or local public authorities or for placement with private
agencies or persons.
(d) "Placement" means the arrangement for the care of a child in a
family free or boarding home or in a child-caring agency or
institution but does not include any institution caring for the
mentally ill, mentally defective or epileptic or any institution
primarily educational in character, and any hospital or other medical
facility.
Article 3. Conditions for Placement
(a) No sending agency shall send, bring, or cause to be sent or
brought into any other party state any child for placement in foster
care or as a preliminary to a possible adoption unless the sending
agency shall comply with each and every requirement set forth in this
article and with the applicable laws of the receiving state
governing the placement of children therein.
(b) Before sending, bringing, or causing any child to be sent or
brought into a receiving state for placement in foster care or as a
preliminary to a possible adoption, the sending agency shall furnish
the appropriate public authorities in the receiving state written
notice of the intention to send, bring, or place the child in the
receiving state. The notice shall contain:
(1) The name, date, and place of birth of the child.
(2) The identity and address or addresses of the parents or legal
guardian.
(3) The name and address of the person, agency, or institution to
or with which the sending agency proposes to send, bring, or place
the child.
(4) A full statement of the reasons for the proposed action and
evidence of the authority pursuant to which the placement is proposed
to be made.
(c) Any public officer or agency in a receiving state which is in
receipt of a notice pursuant to paragraph (b) of this article may
request of the sending agency, or any other appropriate officer or
agency of or in the sending agency's state, and shall be entitled to
receive therefrom, supporting or additional information as it may
deem necessary under the circumstances to carry out the purpose and
policy of this compact.
(d) The child shall not be sent, brought, or caused to be sent or
brought into the receiving state until the appropriate public
authorities in the receiving state shall notify the sending agency,
in writing, to the effect that the proposed placement does not appear
to be contrary to the interests of the child.
Article 4. Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought into any
receiving state of a child in violation of the terms of this compact
shall constitute a violation of the laws respecting the placement of
children of both the state in which the sending agency is located or
from which it sends or brings the child and of the receiving state. A
violation may be punished or subjected to penalty in either
jurisdiction in accordance with its laws. In addition to liability
for any punishment or penalty, any violation shall constitute full
and sufficient grounds for the suspension or revocation of any
license, permit, or other legal authorization held by the sending
agency which empowers or allows it to place, or care for children.
Article 5. Continuing Jurisdiction
(a) The sending agency shall retain jurisdiction over the child
sufficient to determine all matters in relation to the custody,
supervision, care, treatment, and disposition of the child which it
would have had if the child had remained in the sending agency's
state, until the child is adopted, reaches majority, becomes
self-supporting, or is discharged with the concurrence of the
appropriate authority in the receiving state. That jurisdiction shall
also include the power to effect or cause the return of the child or
its transfer to another location and custody pursuant to law. The
sending agency shall continue to have financial responsibility for
support and maintenance of the child during the period of the
placement. Nothing contained herein shall defeat a claim of
jurisdiction by a receiving state sufficient to deal with an act of
delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may enter into
an agreement with an authorized public or private agency in the
receiving state providing for the performance of one or more services
in respect of that case by the latter as agent for the sending
agency.
(c) Nothing in this compact shall be construed to prevent a
private charitable agency authorized to place children in the
receiving state from performing services or acting as agent in that
state for a private charitable agency of the sending state; nor to
prevent the agency in the receiving state from discharging financial
responsibility for the support and maintenance of a child who has
been placed on behalf of the sending agency without relieving the
responsibility set forth in paragraph (a) of this article.
Article 6. Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in
another party jurisdiction pursuant to this compact but no such
placement shall be made unless the child is given a court hearing on
notice to the parent or guardian with opportunity to be heard, before
being sent to the other party jurisdiction for institutional care
and the court finds that both of the following exist:
(a) Equivalent facilities for the child are not available in the
sending agency's jurisdiction.
(b) Institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship.
Article 7. Compact Administrator
The executive head of each jurisdiction party to this compact
shall designate an officer who shall be general coordinator of
activities under this compact in his or her jurisdiction and who,
acting jointly with like officers of other party jurisdictions, shall
have power to promulgate rules and regulations to carry out more
effectively the terms and provisions of this compact.
Article 8. Limitations
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by
his or her parent, stepparent, grandparent, adult brother or sister,
adult uncle or aunt, or his or her guardian and leaving the child
with any such relative or nonagency guardian in the receiving state.
(b) Any placement, sending or bringing of a child into a receiving
state pursuant to any other interstate compact to which both the
state from which the child is sent or brought and the receiving state
are party, or to any other agreement between said states which has
the force of law.
Article 9. Enactment and Withdrawal
This compact shall be open to joinder by any state, territory, or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and, with the consent of Congress, the
government of Canada or any province thereof. It shall become
effective with respect to any of these jurisdictions when that
jurisdiction has enacted the same into law. Withdrawal from this
compact shall be by the enactment of a statute repealing the same,
but shall not take effect until two years after the effective date of
the statute and until written notice of the withdrawal has been
given by the withdrawing state to the Governor of each other party
jurisdiction. Withdrawal of a party state shall not affect the
rights, duties, and obligations under this compact of any sending
agency therein with respect to a placement made before the effective
date of withdrawal.
Article 10. Construction and Severability
The provisions of this compact shall be liberally construed to
effectuate the purposes thereof. The provisions of this compact shall
be severable and if any phrase, clause, sentence, or provision of
this compact is declared to be contrary to the constitution of any
party state or of the United States or the applicability thereof to
any government, agency, person, or circumstance is held invalid, the
validity of the remainder of this compact and the applicability
thereof to any government, agency, person, or circumstance shall not
be affected thereby. If this compact shall be held contrary to the
constitution of any state party thereto, the compact shall remain in
full force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.
7901.1. (a) Within 60 days of receipt of a request from another
state to conduct a study of a home environment for purposes of
assessing the safety and suitability of placing a child in the home,
a county child welfare agency shall, directly or by contract, do both
of the following:
(1) Conduct and complete the study.
(2) Return a report to the requesting state on the results of the
study. The report shall address the extent to which placement in the
home would meet the needs of the child.
(b) Except as provided in subdivision (c), in the case of a home
study commenced on or before September 30, 2008, if the agency fails
to comply with subdivision (a) within the 60-day period as a result
of circumstances beyond the control of the agency, the agency shall
have 75 days to comply with subdivision (a). The agency shall
document the circumstances involved and certify that completing the
home study is in the best interests of the child. For purposes of
this subdivision, "circumstances beyond the control of the agency"
include, but are not limited to, the failure of a federal agency to
provide the results of a background check or the failure of any
entity to provide completed medical forms, if the background check or
records were requested by the agency at least 45 days before the end
of the 60-day period.
(c) Subdivision (b) shall not be construed to require the agency
to have completed, within the applicable period, the parts of the
home study involving the education and training of the prospective
foster or adoptive parents.
(d) The agency shall treat any report described in subdivision (a)
that is received from another state, an Indian tribe, or a private
agency under contract with another state, as meeting any requirements
imposed by the state for the completion of a home study before
placing a child in the home, unless, within 14 days after receipt of
the report, the agency determines, based on grounds that are specific
to the content of the report, that making a decision in reliance on
the report would be contrary to the welfare of the child.
(e) A county is not restricted from contracting with a private
agency for the conduct of a home study described in subdivision (a).
(f) The department shall work with counties to identify barriers
to meeting the timeframes specified in this section and to develop
recommendations to reduce or eliminate those barriers.
7902. Financial responsibility for a child placed pursuant to the
Interstate Compact on the Placement of Children shall be determined
in accordance with Article 5 of the compact in the first instance.
However, in the event of partial or complete default of performance
thereunder, the provisions of other state laws also may be invoked.
7903. The phrase "appropriate public authorities" as used in
Article 3 of the Interstate Compact on the Placement of Children
means, with reference to this state, the State Department of Social
Services, and that department shall receive and act with reference to
notices required by Article 3 of the compact.
7904. The phrase "appropriate authority in receiving state" as used
in paragraph (a) of Article 5 of the Interstate Compact on the
Placement of Children, with reference to this state, means the State
Department of Social Services.
7905. The officers and agencies of this state and its subdivisions
having authority to place children are hereby empowered to enter into
agreements with appropriate officers or agencies of or in other
party states pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children. Any such agreement which
contains a financial commitment or imposes a financial obligation on
this state or subdivision or agency thereof is not binding unless it
has the approval in writing of the Controller in the case of the
state and of the chief local fiscal officer in the case of a
subdivision of the state.
7906. Any requirements for visitation, inspection, or supervision
of children, homes, institutions, or other agencies in another party
state which may apply under the law of this state shall be deemed to
be met if performed pursuant to an agreement entered into by
appropriate officers or agencies of this state or a subdivision
thereof as contemplated by paragraph (b) of Article 5 of the
Interstate Compact on the Placement of Children.
7906.5. (a) Within 60 days after an officer or agency of this
state, or its political subdivision, receives a request from another
state to conduct a study of a home environment for purposes of
assessing the safety and suitability of placing a child, who is in
the custody of the requesting state, in the home, the county child
welfare agency shall, directly or indirectly, do both of the
following:
(1) Conduct and complete the home study.
(2) Return to the requesting state a report on the results of the
home study, which shall address the extent to which placement in the
home would meet the needs of the child.
(b) A licensed private adoption agency may agree to provide the
services listed in subdivision (a), and upon that agreement, shall
comply with the requirements of paragraphs (1) and (2) of subdivision
(a).
(c) Notwithstanding subdivision (a), in the case of a home study
commenced on or before September 30, 2008, if the county fails to
comply with subdivision (a) within the 60-day period as a result of
circumstances beyond the control of the state, including, but not
limited to, failure by a federal agency to provide the results of a
background check or failure of any entity to provide completed
medical forms requested by the state at least 45 days before the end
of the 60-day period, the county shall have 75 days to comply with
subdivision (a) if the county documents the circumstances involved
and certifies that completing the home study is in the best interest
of the child.
(d) Nothing in this section shall be construed to require the
county to have completed, within the applicable period, those
portions of the home study concerning the education and training of
the prospective foster parent or adoptive parent.
(e) The county shall treat any report described in subdivision (a)
that is received from another state, an Indian tribe, or a private
agency under contract with another state, as meeting any requirements
imposed by the state for the completion of a home study before
placing a child in the home, unless, within 14 days after receipt of
the report, the county determines, based on grounds that are specific
to the content of the report, that making a decision in reliance on
the report would be contrary to the welfare of the child.
(f) A county is not restricted from contracting with a private
agency for the conduct of a home study described in subdivision (a).
7907. No provision of law restricting out-of-state placement of
children for adoption shall apply to placements made pursuant to the
Interstate Compact on the Placement of Children.
7907.3. The Interstate Compact on the Placement of Children shall
not apply to any placement, sending, or bringing of an Indian child
into another state pursuant to a transfer of jurisdiction to a tribal
court under Section 1911 of the Indian Child Welfare Act (25 U.S.C.
Sec. 1901 et seq.).
7907.5. (a) A child who is born in this state and placed for
adoption in this state with a resident of this state is not subject
to the provisions of the Interstate Compact on the Placement of
Children.
(b) A child who is born in this state and placed for adoption with
a person who is not a resident of this state is subject to the
provisions of the Interstate Compact on the Placement of Children,
regardless of whether the adoption petition is filed in this state.
In interstate placements, this state shall be deemed the sending
state for any child born in the state.
7908. A court having jurisdiction to place delinquent children may
place a delinquent child in an institution in another state pursuant
to Article 6 of the Interstate Compact on the Placement of Children
and shall retain jurisdiction as provided in Article 5 of the
compact.
7908.5. For the purposes of an interstate adoption placement, the
term "jurisdiction" as used in Article 5 of the Interstate Compact on
the Placement of Children means "jurisdiction over or legal
responsibility for the child." It is the intent of the Legislature
that this section make a technical clarification to the Interstate
Compact on the Placement of Children and not a substantive change.
7909. "Executive head" as used in Article 7 of the Interstate
Compact on the Placement of Children means the Governor. The Governor
shall appoint a compact administrator in accordance with the terms
of Article 7 of the compact.
7910. Approval of an interstate placement of a child for adoption
shall not be granted by the compact administrator if the placement is
in violation of either Section 8801 of this code or Section 273 of
the Penal Code.
7911. The Legislature finds and declares all of the following:
(a) The health and safety of California children placed by a
county social services agency or probation department out of state
pursuant to the provisions of the Interstate Compact on the Placement
of Children are a matter of statewide concern.
(b) The Legislature therefore affirms its intention that the State
Department of Social Services has full authority to require an
assessment and placement recommendation by a county multidisciplinary
team prior to placement of a child in an out-of-state group home, to
investigate allegations of child abuse or neglect of minors so
placed, and to ensure that out-of-state group homes, accepting
California children, meet all California group home licensing
standards.
(c) This section is declaratory of existing law with respect to
the Governor's designation of the State Department of Social Services
to act as the compact administrator and of that department to act as
the single state agency charged with supervision of public social
services under Section 10600 of the Welfare and Institutions Code.
7911.1. (a) Notwithstanding any other provision of law, the State
Department of Social Services or its designee shall investigate any
threat to the health and safety of children placed by a California
county social services agency or probation department in an
out-of-state group home pursuant to the provisions of the Interstate
Compact on the Placement of Children. This authority shall include
the authority to interview children or staff in private or review
their file at the out-of-state facility or wherever the child or
files may be at the time of the investigation. Notwithstanding any
other provisions of law, the State Department of Social Services or
its designee shall require certified out-of-state group homes to
comply with the reporting requirements applicable to group homes
licensed in California pursuant to Title 22 of the California Code of
Regulations for each child in care regardless of whether he or she
is a California placement, by submitting a copy of the required
reports to the Compact Administrator within regulatory timeframes.
The Compact Administrator within one business day of receiving a
serious events report shall verbally notify the appropriate placement
agencies and within five working days of receiving a written report
from the out-of-state group home, forward a copy of the written
report to the appropriate placement agencies.
(b) Any contract, memorandum of understanding, or agreement
entered into pursuant to paragraph (b) of Article 5 of the Interstate
Compact on the Placement of Children regarding the placement of a
child out of state by a California county social services agency or
probation department shall include the language set forth in
subdivision (a).
(c) The State Department of Social Services or its designee shall
perform initial and continuing inspection of out-of-state group homes
in order to either certify that the out-of-state group home meets
all licensure standards required of group homes operated in
California or that the department has granted a waiver to a specific
licensing standard upon a finding that there exists no adverse impact
to health and safety. Any failure by an out-of-state group home
facility to make children or staff available as required by
subdivision (a) for a private interview or make files available for
review shall be grounds to deny or discontinue the certification. The
State Department of Social Services shall grant or deny an initial
certification or a waiver under this subdivision to an out-of-state
group home facility that has more than six California children placed
by a county social services agency or probation department by August
19, 1999. The department shall grant or deny an initial
certification or a waiver under this subdivision to an out-of-state
group home facility that has six or fewer California children placed
by a county social services agency or probation department by
February 19, 2000. Certifications made pursuant to this subdivision
shall be reviewed annually.
(d) Within six months of the effective date of this section, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team for each child in
an out-of-state group home facility. On or after March 1, 1999, a
county shall be required to obtain an assessment and placement
recommendation by a county multidisciplinary team prior to placement
of a child in an out-of-state group home facility.
(e) Any failure by an out-of-state group home to obtain or
maintain its certification as required by subdivision (c) shall
preclude the use of any public funds, whether county, state, or
federal, in the payment for the placement of any child in that
out-of-state group home, pursuant to the Interstate Compact on the
Placement of Children.
(f) (1) A multidisciplinary team shall consist of participating
members from county social services, county mental health, county
probation, county superintendents of schools, and other members as
determined by the county.
(2) Participants shall have knowledge or experience in the
prevention, identification, and treatment of child abuse and neglect
cases, and shall be qualified to recommend a broad range of services
related to child abuse or neglect.
(g) (1) The department may deny, suspend, or discontinue the
certification of the out-of-state group home if the department makes
a finding that the group home is not operating in compliance with the
requirements of subdivision (c).
(2) Any judicial proceeding to contest the department's
determination as to the status of the out-of-state group home
certificate shall be held in California pursuant to Section 1085 of
the Code of Civil Procedure.
(h) This section shall not impact placements made pursuant to
Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1
of the Government Code relating to seriously emotionally disturbed
children.
(i) Only an out-of-state group home authorized by the Compact
Administrator to receive state funds for the placement by a county
social services agency or probation department of any child in that
out-of-state group home from the effective date of this section shall
be eligible for public funds pending the department's certification
under this section.
7912. (a) The Legislature finds and declares that the health and
safety of children in out-of-state group home care pursuant to the
Interstate Compact on the Placement of Children is a matter of
statewide concern. The Legislature therefore affirms its intention
that children placed by a county social services agency or probation
department in out-of-state group homes be accorded the same personal
rights and safeguards of a child placed in a California group home.
This section is in clarification of existing law.
(b) The Compact Administrator may temporarily suspend any new
placements in an out-of-state group home, for a period not to exceed
100 days, pending the completion of an investigation, pursuant to
subdivision (a) of Section 7911.1, regarding a threat to the health
and safety of children in care. During any suspension period the
department or its designee shall have staff daily onsite at the
out-of-state group home.