Current through March 31, 2025
A.
Article I.
Purpose and Policy
It is the purpose and policy of the party state 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 in order
to evaluate a projected placement.
d) Appropriate jurisdictional arrangements
for the care of children will be promoted.
B.
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 a party
state, officer or employee thereof; a 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, or any institution primarily educational in character,
and any hospital or other medical facility.
C.
Article III. 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) Prior to 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 such 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 there from, such 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, that the proposed placement does not appear to be
contrary to the interests of the child.
D.
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 it sends
or brings the child and of the receiving state. Such violation may be punished
or subjected to penalty in either jurisdiction in accordance with its laws. In
addition to liability for any such punishment or penalty, any such 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.
E.
Article V. Retention of
Jurisdiction
a) The Sending Agency
shall retain jurisdiction over the child sufficient to determine all matters in
relation to the custody, supervision, care, 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. Such 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 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 agents 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)
hereof.
F.
Article VI. 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 prior to his being sent to
such other party jurisdiction for institutional care and the court finds that:
a) Equivalent facilities for the
child are not available in the Sending Agency's jurisdiction; and
b) Institutional care in the other
jurisdiction is in the best interest of the child and will not produce undue
hardship.
G.
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 his 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.
H.
Article VIII. Limitations
This compact shall not apply to:
a) The sending or bringing of a child into a
receiving state by his parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the child with any
such relative or non-agency 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.
I.
Article
IX. Enactment & 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 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 shall not take effect 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 prior to the effective date of withdrawal.
J.
Article X. Construction
& 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.
