62A-4a-701 - Interstate Compact on Placement of Children -- Text.
62A-4a-701. Interstate Compact on Placement of Children -- Text.
The Interstate Compact on the Placement of Children is hereby enacted and entered intowith all other jurisdictions that legally join in the compact which is, in form, substantially asfollows: INTERSTATE COMPACT ON PLACEMENT OF CHILDREN ARTICLE I Purpose and Policy
It is the purpose and policy of the party states to cooperate with each other in the interstateplacement of children so that:
(1) Each child requiring placement shall receive the maximum opportunity to be placed ina suitable environment and with persons or institutions having appropriate qualifications andfacilities to provide necessary and desirable care.
(2) The appropriate authorities in a state where a child is to be placed may have fullopportunity to ascertain the circumstances of the proposed placement, thereby promoting fullcompliance with applicable requirements for the protection of the child.
(3) The proper authorities of the state from which the placement is made may obtain themost complete information on the basis of which to evaluate a projected placement before it ismade.
(4) Appropriate jurisdictional arrangements for the care of the children will be promoted. ARTICLE II Definitions
As used in this compact:
(1) "Child" means a person who, by reason of minority, is legally subject to parental,guardianship, or similar control.
(2) "Sending agency" means a party state, officer, or employee thereof; a subdivision of aparty state, or officer or employee thereof; a court of a party state; a person, corporation,association, Indian tribe, charitable agency, or other entity which sends, brings, or causes to besent or brought any child to another party state.
(3) "Receiving state" means the state to which a child is sent, brought or caused to be sentor brought, whether by public authorities or private persons or agencies, and whether forplacement with state or local public authorities or for placement with private agencies or persons.
(4) "Placement" means the arrangement for the care of a child in a family free, adoptive,or boarding home, or in a child-caring agency or institution but does not include any institutioncaring for the mentally ill, mentally defective or epileptic or any institution, primarily educationalin character, and any hospital or other medical facility. ARTICLE III Conditions for Placement
(1) No sending agency shall send, bring, or cause to be sent or brought into any otherparty state any child for placement in foster care or as a preliminary to a possible adoption unlessthe sending agency shall comply with each and every requirement set forth in this article and withthe applicable laws of the receiving state governing the placement of children therein.
(2) Prior to sending, bringing, or causing any child to be sent or brought into a receivingstate for placement in foster care or as a preliminary to a possible adoption, the sending agencyshall furnish the appropriate public authorities in the receiving state written notice of the intentionto send, bring, or place the child in the receiving state. The notice shall contain:
(a) The name, date, and place of birth of the child.
(b) The identity and address or addresses of the parents or legal guardian.
(c) The name and address of the person, agency, or institution to or with which thesending agency proposes to send, bring, or place the child.
(d) A full statement of the reasons for such proposed action and evidence of the authority
pursuant to which the placement is proposed to be made.
(e) Any public officer or agency in a receiving agency state which is in receipt of a noticepursuant to Paragraph (2) of this article may request of the sending agency, or any otherappropriate officer or agency of or in the sending agency's state, and shall be entitled to receivetherefrom, such supporting or additional information as it may deem necessary under thecircumstances to carry out the purpose and policy of this compact.
(f) The child shall not be sent, brought, or caused to be sent or brought into the receivingstate 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 interestsof the child. ARTICLE IV Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought into any receiving state of a childin violation of the terms of this compact shall constitute a violation of the laws respecting theplacement of children of both the state in which the sending agency is located or from which itsends or brings the child and of the receiving state. Such violation may be punished or subjectedto penalty in either jurisdiction in accordance with its laws. In addition to liability for any suchpunishment or penalty, any violation shall constitute full and sufficient grounds for the suspensionor revocation of any license, permit, or other legal authorization held by the sending agencywhich empowers or allows it to place, or care for children. ARTICLE V Retention ofJurisdiction
(1) The sending agency shall retain jurisdiction over the child sufficient to determine allmatters in relation to the custody, supervision, care, treatment, and disposition of the child whichit would have had if the child had remained in the sending agency's state, until the child isadopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of theappropriate authority in the receiving state. Such jurisdiction shall also include the power toeffect or cause the return of the child or its transfer to another location and custody pursuant tolaw. The sending agency shall continue to have financial responsibility for support andmaintenance of the child during the period of the placement. Nothing contained herein shalldefeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency orcrime committed therein.
(2) When the sending agency is a public agency, it may enter into an agreement with anauthorized public or private agency in the receiving state providing for the performance of one ormore services in respect of such case by the latter as agent for the sending agency.
(3) Nothing in this compact shall be construed to prevent any agency authorized to placechildren in the receiving agency from performing services or acting as agent in the receivingagency jurisdiction for a private charitable agency of the sending agency; nor to prevent thereceiving agency from discharging financial responsibility for the support and maintenance of achild who has been placed on behalf of the sending agency without relieving the responsibility setforth in Paragraph (1) above. ARTICLE VI Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an institution in another party jurisdictionpursuant to this compact, but no such placement shall be made unless the child is given a courthearing on notice to the parent or guardian with opportunity to be heard, prior to his being sent tosuch 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 officerwho shall be general coordinator of activities under this compact in his jurisdiction and who,acting jointly with like officers of the party jurisdictions, shall have power to promulgate rulesand regulations to carry out more effectively the terms and provisions of this compact. ARTICLE VIII Limitations
This compact shall not apply to:
(1) The sending or bringing of a child into a receiving state by his parent, step-parent,grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child withany such relative or nonagency guardian in the receiving state.
(2) Any placement, sending or bringing of a child into a receiving state pursuant to anyother interstate compact to which both the state from which the child is sent or brought and thereceiving state are party or to any other agreement between said 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 UnitedStates, the District of Columbia, the commonwealth of Puerto Rico, and with the consent ofCongress, the government of Canada or any province thereof. It shall become effective withrespect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same but shallnot take effect until two years after the effective date of such statute and until written notice of thewithdrawal has been given by the withdrawing state to the governor of each other partyjurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations underthis compact of any sending agency therein with respect to a placement made prior to theeffective date of withdrawal. ARTICLE X Construction and Severability
The provisions of this compact shall be liberally construed to effectuate the purposesthereof. The provisions of this compact shall be severable, and if any phrase, clause, sentence, orprovision of this compact is declared to be contrary to the constitution of any party state or of theUnited States, the applicability thereof to any government, agency, person, or circumstance shallnot be affected thereby. If this compact shall be held contrary to the constitution of any stateparty thereto, the compact shall remain in full force and effect as to the remaining states and infull force and effect as to the state affected as to all severable matters.
Renumbered and Amended by Chapter 260, 1994 General Session