CHAPTER 4. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
IC 31-28-4
Chapter 4. Interstate Compact on the Placement of Children
IC 31-28-4-1
Enactment; provision
Sec. 1. The interstate compact on the placement of children is
enacted into law under this chapter and entered into with all other
jurisdictions legally joining the compact in the form substantially as
follows:
ARTICLE I. 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 a person or an institution 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 of which to evaluate a projected placement before the placement is made.
(d) Appropriate jurisdictional arrangements for the care of children must be promoted.
ARTICLE II. 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:
(1) a party state or a party state's officer or employee;
(2) a subdivision of a party state or the subdivision's officer or employee;
(3) a court of a party state;
(4) a person;
(5) a corporation;
(6) an association;
(7) a charitable agency; or
(8) any other entity;
that 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 by an individual in a free home, in a boarding home, or in a child-caring agency or institution but does not include an institution caring for the
mentally ill, mentally defective, or epileptic or any institution
primarily educational in character, and a hospital or other medical
facility.
ARTICLE III. CONDITIONS FOR PLACEMENT
(a) A sending agency may not send, bring, or cause to be sent or brought into any other party state a child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each requirement under article III and with the receiving state's laws governing the placement of children.
(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 the following:
(1) The child's name, place, and date of birth.
(2) The identity and address or addresses of the child's 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 under which the placement is proposed to be made.
(c) A public officer or agency in a receiving state that receives a notice under paragraph (b) of article III is entitled, upon request, to receive additional information necessary to carry out the purpose and policy of this compact from the sending agency or any other appropriate officer or agency of or in the sending agency's state.
(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 IV. 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 the sending agency sends or brings the child and of the receiving state. The violation may be punished or penalized by the laws of either jurisdiction. In addition to liability for any punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of a license, permit, or other legal authorization held by the sending agency which empowers or allows the sending agency to place or care for children.
ARTICLE V. RETENTION OF JURISDICTION
(a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters relating to the custody, supervision, care, treatment and disposition of the child, which the
sending agency 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. The jurisdiction shall
also include the power to effect or cause the child's return or transfer
to another location and custody as provided by law. The sending
agency shall continue to have financial responsibility for support and
maintenance of the child during the period of placement. Nothing
contained in this compact shall defeat a claim of jurisdiction by a
receiving state sufficient to deal with an act of delinquency or crime
committed within the receiving state.
(b) When a sending agency is a public agency, the sending agency
may enter into an agreement with an authorized public or private
agency in the receiving state providing for the performance of one
(1) or more services in respect of such 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. This compact does not 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).
ARTICLE VI. INSTITUTIONAL
CARE OF DELINQUENT CHILDREN
A child adjudicated delinquent may be placed in an institution in another party jurisdiction under this compact, but no placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard prior to the child being sent to the other party jurisdiction for institutional care and the court finds that:
(1) equivalent facilities for the child are not available in the sending agency's jurisdiction; and
(2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
ARTICLE VII. 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 the general coordinator's 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 VIII. LIMITATIONS
This compact does not apply to:
(a) The sending or bringing of a child into a receiving state by the child's parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or 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 under 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 the states which has the force of
law.
ARTICLE IX. 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. This compact shall become effective with respect to any jurisdiction when the 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 (2) 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 with respect to a placement made prior to the effective date of withdrawal.
ARTICLE X. CONSTRUCTION AND SEVERABILITY
The provisions of this compact shall be liberally construed to effectuate the compact's purposes. 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 of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability of this compact 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.
As added by P.L.145-2006, SEC.274.
IC 31-28-4-1.5
Application of chapter until state withdraws from compact
Sec. 1.5. (a) This chapter remains in effect with respect to any
state, territory, or possession of the United States, for the District of
Columbia, or for the Commonwealth of Puerto Rico if the state,
territory, or possession or the district or commonwealth has not
adopted the interstate compact for the placement of children under
IC 31-28-6. This chapter remains in effect until the governor gives
written notice of the withdrawal of Indiana from the compact set
forth in section 1 of this chapter to the governor of each other
jurisdiction that is a party to the compact set forth in section 1 of this
chapter.
(b) IC 31-28-6 shall be used for the interstate placement of
children for a state, territory, or possession of the United States, for
the District of Columbia, or for the Commonwealth of Puerto Rico
if the state, territory, possession, district, or commonwealth has
adopted the interstate compact for the placement of children in the
format found in IC 31-28-6.
As added by P.L.143-2008, SEC.10.
IC 31-28-4-2
Financial responsibility for placed children
Sec. 2. Financial responsibility for a child placed under the
provisions of the interstate compact on the placement of children
shall be determined in accordance with Article V. However, for the
partial or complete default of performance, the provisions of
IC 31-2-1 (before its repeal), IC 31-1.5 (before its repeal), IC 31-18,
IC 12-14-22-9, and IC 12-14-22-10 also may be invoked. In any
appropriate case, financial support or contribution may be obtained
by an appropriate agency in Indiana under IC 31-40 to aid in the
discharge of the financial obligations of a sending agency that has
placed a child in another state under the compact.
As added by P.L.145-2006, SEC.274.
IC 31-28-4-3
"Appropriate public authorities"; notices; responsibility
Sec. 3. The "appropriate public authorities" as used in Article III
of the interstate compact on the placement of children (section 1 of
this chapter), with reference to this state, means the department, and
the department shall receive and act with reference to notices
required by Article III.
As added by P.L.145-2006, SEC.274.
IC 31-28-4-4
"Appropriate authority in receiving state"
Sec. 4. As used in paragraph (a) of Article V of the interstate
compact on the placement of children (section 1 of this chapter), the
phrase "appropriate authority in the receiving state" with reference
to this state means the department.
As added by P.L.145-2006, SEC.274.
IC 31-28-4-5
Agreements between party states; authorization; approval
Sec. 5. The officers and agencies of this state and the subdivisions
of this state having authority to place children may enter into
agreements with appropriate officers or agencies of or in other party
states under paragraph (b) of Article V of the interstate compact on
the placement of children (section 1 of this chapter). An agreement
that contains a financial commitment or imposes a financial
obligation on this state or a subdivision or agency of this state is not
binding unless the agreement has the approval in writing of the
auditor of state in the case of the state and of the chief local fiscal
officer in the case of a subdivision of the state.
As added by P.L.145-2006, SEC.274.
IC 31-28-4-6
Visitation, inspection, or supervision requirements of children or
facilities under other law; fulfillment under compact
Sec. 6. A requirement for visitation, inspection, or supervision of
children, homes, institutions, or other agencies in another party state
that apply under the provisions of IC 31-27 is considered to be met
if performed under an agreement entered into by appropriate officers
or agencies of this state or a subdivision of this state as contemplated
by paragraph (b) of Article V of the interstate compact on the
placement of children (section 1 of this chapter).
As added by P.L.145-2006, SEC.274.
IC 31-28-4-7
Placement of delinquent children in institution in another state;
retained jurisdiction
Sec. 7. A court having jurisdiction to place delinquent children
may place the delinquent child in an institution in another state under
Article VI of the interstate compact on the placement of children
(section 1 of this chapter) and shall retain jurisdiction as provided in
Article V.
As added by P.L.145-2006, SEC.274.
IC 31-28-4-8
"Executive head"; appointment of compact administrator
Sec. 8. As used in Article VII of the interstate compact on the
placement of children (section 1 of this chapter), the term "executive
head" means the governor. The governor may appoint a compact
administrator in accordance with the terms of Article VII.
As added by P.L.145-2006, SEC.274.