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1 | AN ACT concerning interstate compacts.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Interstate Compact for the Placement of Children Act of 2007. | ||||||
6 | Section 5. Ratification and approval of compact. The State | ||||||
7 | of Illinois ratifies and approves the following compact: | ||||||
8 | "Interstate Compact for the Placement of Children. | ||||||
9 | ARTICLE I. PURPOSE
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10 | The purpose of this Interstate Compact for the Placement of | ||||||
11 | Children is to:
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12 | A. Provide a process through which children subject to | ||||||
13 | this compact are placed in safe and suitable homes in a | ||||||
14 | timely manner.
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15 | B. Facilitate ongoing supervision of a placement, the | ||||||
16 | delivery of services, and communication between the | ||||||
17 | states.
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18 | C. Provide operating procedures that will ensure that | ||||||
19 | children are placed in safe and suitable homes in a timely | ||||||
20 | manner.
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21 | D. Provide for the promulgation and enforcement of |
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1 | administrative rules implementing the provisions of this | ||||||
2 | compact and regulating the covered activities of the member | ||||||
3 | states.
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4 | E. Provide for uniform data collection and information | ||||||
5 | sharing between member states under this compact.
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6 | F. Promote coordination between this compact, the | ||||||
7 | Interstate Compact for Juveniles, the Interstate Compact | ||||||
8 | on Adoption and Medical Assistance and other compacts | ||||||
9 | affecting the placement of and which provide services to | ||||||
10 | children otherwise subject to this compact.
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11 | G. Provide for a state's continuing legal jurisdiction | ||||||
12 | and responsibility for placement and care of a child that | ||||||
13 | it would have had if the placement were intrastate.
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14 | H. Provide for the promulgation of guidelines, in | ||||||
15 | collaboration with Indian tribes, for interstate cases | ||||||
16 | involving Indian children as is or may be permitted by | ||||||
17 | federal law. | ||||||
18 | ARTICLE II. DEFINITIONS
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19 | As used in this compact,
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20 | A. "Approved placement" means the receiving state has | ||||||
21 | determined after an assessment that the placement is both safe | ||||||
22 | and suitable for the child and is in compliance with the | ||||||
23 | applicable laws of the receiving state governing the placement | ||||||
24 | of children therein. | ||||||
25 | B. "Assessment" means an evaluation of a prospective |
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1 | placement to determine whether the placement meets the | ||||||
2 | individualized needs of the child, including but not limited to | ||||||
3 | the child's safety and stability, health and well-being, and | ||||||
4 | mental, emotional and physical development.
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5 | C. "Child" means an individual who has not attained the age | ||||||
6 | of eighteen (18).
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7 | D. "Default" means the failure of a member state to perform | ||||||
8 | the obligations or responsibilities imposed upon it by this | ||||||
9 | compact, the bylaws or rules of the Interstate Commission.
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10 | E. "Indian tribe" means any Indian tribe, band, nation, or | ||||||
11 | other organized group or community of Indians recognized as | ||||||
12 | eligible for services provided to Indians by the Secretary of | ||||||
13 | the Interior because of their status as Indians, including any | ||||||
14 | Alaskan native village as defined in Section 3 (c) of the | ||||||
15 | Alaska Native Claims Settlement Act at 43 USC ยง1602(c).
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16 | F. "Interstate Commission for the Placement of Children" | ||||||
17 | means the commission that is created under Article VIII of this | ||||||
18 | compact and which is generally referred to as the Interstate | ||||||
19 | Commission.
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20 | G. "Jurisdiction" means the power and authority of a court | ||||||
21 | to hear and decide matters.
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22 | H. "Member state" means a state that has enacted this | ||||||
23 | compact.
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24 | I. "Non-custodial parent" means a person who, at the time | ||||||
25 | of the commencement of court proceedings in the sending state, | ||||||
26 | does not have sole legal custody of the child or has joint |
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1 | legal custody of a child, and who is not the subject of | ||||||
2 | allegations or findings of child abuse or neglect.
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3 | J. "Non-member state" means a state which has not enacted | ||||||
4 | this compact.
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5 | K. "Notice of residential placement" means information | ||||||
6 | regarding a placement into a residential facility provided to | ||||||
7 | the receiving state including, but not limited to the name, | ||||||
8 | date and place of birth of the child, the identity and address | ||||||
9 | of the parent or legal guardian, evidence of authority to make | ||||||
10 | the placement, and the name and address of the facility in | ||||||
11 | which the child will be placed. Notice of residential placement | ||||||
12 | shall also include information regarding a discharge and any | ||||||
13 | unauthorized absence from the facility.
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14 | L. "Placement" means the act by a public or private child | ||||||
15 | placing agency intended to arrange for the care or custody of a | ||||||
16 | child in another state.
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17 | M. "Private child placing agency" means any private | ||||||
18 | corporation, agency, foundation, institution, or charitable | ||||||
19 | organization, or any private person or attorney that | ||||||
20 | facilitates, causes, or is involved in the placement of a child | ||||||
21 | from one state to another and that is not an instrumentality of | ||||||
22 | the state or acting under color of state law.
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23 | N. "Provisional placement" means that the receiving state | ||||||
24 | has determined that the proposed placement is safe and | ||||||
25 | suitable, and, to the extent allowable, the receiving state has | ||||||
26 | temporarily waived its standards or requirements otherwise |
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1 | applicable to prospective foster or adoptive parents so as to | ||||||
2 | not delay the placement. Completion of the receiving state | ||||||
3 | requirements regarding training for prospective foster or | ||||||
4 | adoptive parents shall not delay an otherwise safe and suitable | ||||||
5 | placement.
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6 | O. "Public child placing agency" means any government child | ||||||
7 | welfare agency or child protection agency or a private entity | ||||||
8 | under contract with such an agency, regardless of whether they | ||||||
9 | act on behalf of a state, county, municipality or other | ||||||
10 | governmental unit and which facilitates, causes, or is involved | ||||||
11 | in the placement of a child from one state to another.
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12 | P. "Receiving state" means the state to which a child is | ||||||
13 | sent, brought, or caused to be sent or brought.
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14 | Q. "Relative" means someone who is related to the child as | ||||||
15 | a parent, step-parent, sibling by half or whole blood or by | ||||||
16 | adoption, grandparent, aunt, uncle, or first cousin or a | ||||||
17 | non-relative with such significant ties to the child that they | ||||||
18 | may be regarded as relatives as determined by the court in the | ||||||
19 | sending state.
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20 | R. "Residential Facility" means a facility providing a | ||||||
21 | level of care that is sufficient to substitute for parental | ||||||
22 | responsibility or foster care, and is beyond what is needed for | ||||||
23 | assessment or treatment of an acute condition. For purposes of | ||||||
24 | the compact, residential facilities do not include | ||||||
25 | institutions primarily educational in character, hospitals or | ||||||
26 | other medical facilities.
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1 | S. "Rule" means a written directive, mandate, standard or | ||||||
2 | principle issued by the Interstate Commission promulgated | ||||||
3 | pursuant to Article XI of this compact that is of general | ||||||
4 | applicability and that implements, interprets or prescribes a | ||||||
5 | policy or provision of the compact. "Rule" has the force and | ||||||
6 | effect of statutory law in a member state, and includes the | ||||||
7 | amendment, repeal, or suspension of an existing rule.
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8 | T. "Sending state" means the state from which the placement | ||||||
9 | of a child is initiated.
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10 | U. "Service member's permanent duty station" means the | ||||||
11 | military installation where an active duty Armed Services | ||||||
12 | member is currently assigned and is physically located under | ||||||
13 | competent orders that do not specify the duty as temporary.
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14 | V. "Service member's state of legal residence" means the | ||||||
15 | state in which the active duty Armed Services member is | ||||||
16 | considered a resident for tax and voting purposes.
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17 | W. "State" means a state of the United States, the District | ||||||
18 | of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin | ||||||
19 | Islands, Guam, American Samoa, the Northern Marianas Islands | ||||||
20 | and any other territory of the United States.
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21 | X. "State court" means a judicial body of a state that is | ||||||
22 | vested by law with responsibility for adjudicating cases | ||||||
23 | involving abuse, neglect, deprivation, delinquency or status | ||||||
24 | offenses of individuals who have not attained the age of | ||||||
25 | eighteen (18).
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26 | Y. "Supervision" means monitoring provided by the |
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1 | receiving state once a child has been placed in a receiving | ||||||
2 | state pursuant to this compact.
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3 | ARTICLE III. APPLICABILITY
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4 | A. Except as otherwise provided in Article III, Section B, | ||||||
5 | this compact shall apply to:
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6 | 1. The interstate placement of a child subject to | ||||||
7 | ongoing court jurisdiction in the sending state, due to | ||||||
8 | allegations or findings that the child has been abused, | ||||||
9 | neglected, or deprived as defined by the laws of the | ||||||
10 | sending state, provided, however, that the placement of | ||||||
11 | such a child into a residential facility shall only require | ||||||
12 | notice of residential placement to the receiving state | ||||||
13 | prior to placement.
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14 | 2. The interstate placement of a child adjudicated | ||||||
15 | delinquent or unmanageable based on the laws of the sending | ||||||
16 | state and subject to ongoing court jurisdiction of the | ||||||
17 | sending state if:
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18 | a. the child is being placed in a residential | ||||||
19 | facility in another
member state and is not covered | ||||||
20 | under another compact; or
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21 | b. the child is being placed in another member | ||||||
22 | state and the determination of safety and suitability | ||||||
23 | of the placement and services required is not provided | ||||||
24 | through another compact.
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25 | 3. The interstate placement of any child by a public |
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1 | child placing agency or private child placing agency as | ||||||
2 | defined in this compact as a preliminary step to a possible | ||||||
3 | adoption.
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4 | B. The provisions of this compact shall not apply to:
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5 | 1. The interstate placement of a child with a | ||||||
6 | non-relative in a receiving state by a parent with the | ||||||
7 | legal authority to make such a placement provided, however, | ||||||
8 | that the placement is not intended to effectuate an | ||||||
9 | adoption.
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10 | 2. The interstate placement of a child by one relative | ||||||
11 | with the lawful authority to make such a placement directly | ||||||
12 | with a relative in a receiving state.
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13 | 3. The placement of a child, not subject to Article | ||||||
14 | III, Section A, into a residential facility by his parent.
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15 | 4. The placement of a child with a non-custodial parent | ||||||
16 | provided that:
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17 | a. The non-custodial parent proves to the | ||||||
18 | satisfaction of a court in the sending state a | ||||||
19 | substantial relationship with the child; and
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20 | b. The court in the sending state makes a written | ||||||
21 | finding that placement with the non-custodial parent | ||||||
22 | is in the best interests of the child; and
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23 | c. The court in the sending state dismisses its | ||||||
24 | jurisdiction over the child's case.
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25 | 5. A child entering the United States from a foreign | ||||||
26 | country for the purpose of adoption or leaving the United |
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1 | States to go to a foreign country for the purpose of | ||||||
2 | adoption in that country.
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3 | 6. Cases in which a U.S. citizen child living overseas | ||||||
4 | with his family, at least one of whom is in the U.S. Armed | ||||||
5 | Services, and who is stationed overseas, is removed and | ||||||
6 | placed in a state.
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7 | 7. The sending of a child by a public child placing | ||||||
8 | agency or a private child placing agency for a visit as | ||||||
9 | defined by the rules of the Interstate Commission.
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10 | C. For purposes of determining the applicability of this | ||||||
11 | compact to the placement of a child with a family in the Armed | ||||||
12 | Services, the public child placing agency or private child | ||||||
13 | placing agency may choose the state of the service member's | ||||||
14 | permanent duty station or the service member's declared legal | ||||||
15 | residence.
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16 | D. Nothing in this compact shall be construed to prohibit | ||||||
17 | the concurrent application of the provisions of this compact | ||||||
18 | with other applicable interstate compacts including the | ||||||
19 | Interstate Compact for Juveniles and the Interstate Compact on | ||||||
20 | Adoption and Medical Assistance. The Interstate Commission may | ||||||
21 | in cooperation with other interstate compact commissions | ||||||
22 | having responsibility for the interstate movement, placement | ||||||
23 | or transfer of children, promulgate like rules to ensure the | ||||||
24 | coordination of services, timely placement of children, and the | ||||||
25 | reduction of unnecessary or duplicative administrative or | ||||||
26 | procedural requirements.
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1 | ARTICLE IV. JURISDICTION
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2 | A. The sending state shall retain jurisdiction over a child | ||||||
3 | with respect to all matters of custody and disposition of the | ||||||
4 | child which it would have had if the child had remained in the | ||||||
5 | sending state. Such jurisdiction shall also include the power | ||||||
6 | to order the return of the child to the sending state.
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7 | B. When an issue of child protection or custody is brought | ||||||
8 | before a court in the receiving state, such court shall confer | ||||||
9 | with the court of the sending state to determine the most | ||||||
10 | appropriate forum for adjudication.
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11 | C. In accordance with its own laws, the court in the | ||||||
12 | sending state shall have authority to terminate its | ||||||
13 | jurisdiction if:
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14 | 1. The child is reunified with the parent in the | ||||||
15 | receiving state who is the subject of allegations or | ||||||
16 | findings of abuse or neglect, only with the concurrence of | ||||||
17 | the public child placing agency in the receiving state; or
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18 | 2. The child is adopted; or
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19 | 3. The child reaches the age of majority under the laws | ||||||
20 | of the sending state; or
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21 | 4. The child achieves legal independence pursuant to | ||||||
22 | the laws of the sending state; or
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23 | 5. A guardianship is created by a court in the | ||||||
24 | receiving state with the concurrence of the court in the | ||||||
25 | sending state; or
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1 | 6. An Indian tribe has petitioned for and received | ||||||
2 | jurisdiction from the court in the sending state; or
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3 | 7. The public child placing agency of the sending state | ||||||
4 | requests termination and has obtained the concurrence of | ||||||
5 | the public child placing agency in the receiving state.
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6 | D. When a sending state court terminates its jurisdiction, | ||||||
7 | the receiving state child placing agency shall be notified.
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8 | E. Nothing in this article shall defeat a claim of | ||||||
9 | jurisdiction by a receiving state court sufficient to deal with | ||||||
10 | an act of truancy, delinquency, crime or behavior involving a | ||||||
11 | child as defined by the laws of the receiving state committed | ||||||
12 | by the child in the receiving state which would be a violation | ||||||
13 | of its laws.
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14 | F. Nothing in this article shall limit the receiving | ||||||
15 | state's ability to take emergency jurisdiction for the | ||||||
16 | protection of the child. | ||||||
17 | ARTICLE V. ASSESSMENTS | ||||||
18 | A. Prior to sending, bringing, or causing a child to be | ||||||
19 | sent or brought into a receiving state, the public child | ||||||
20 | placing agency shall provide a written request for assessment | ||||||
21 | to the receiving state.
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22 | B. Prior to the sending, bringing, or causing a child to be | ||||||
23 | sent or brought into a receiving state, the private child | ||||||
24 | placing agency shall: | ||||||
25 | 1. Provide evidence that the applicable laws of the |
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1 | sending state have been complied with; and
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2 | 2. Certification that the consent or relinquishment is | ||||||
3 | in compliance with applicable law of the birth parent's | ||||||
4 | state of residence or, where permitted, the laws of the | ||||||
5 | state of where the finalization of the adoption will occur; | ||||||
6 | and
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7 | 3. Request through the public child placing agency in | ||||||
8 | the sending state
an assessment to be conducted in the | ||||||
9 | receiving state; and
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10 | 4. Upon completion of the assessment, obtain the | ||||||
11 | approval of the public child placing agency in the | ||||||
12 | receiving state.
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13 | C. The procedures for making and the request for an | ||||||
14 | assessment shall contain all information and be in such form as | ||||||
15 | provided for in the rules of the Interstate Commission.
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16 | D. Upon receipt of a request from the public child welfare | ||||||
17 | agency of the sending state, the receiving state shall initiate | ||||||
18 | an assessment of the proposed placement to determine its safety | ||||||
19 | and suitability. If the proposed placement is a placement with | ||||||
20 | a relative, the public child placing agency of the sending | ||||||
21 | state may request a determination of whether the placement | ||||||
22 | qualifies as a provisional placement.
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23 | E. The public child placing agency in the receiving state | ||||||
24 | may request from the public child placing agency or the private | ||||||
25 | child placing agency in the sending state, and shall be | ||||||
26 | entitled to receive supporting or additional information |
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1 | necessary to complete the assessment.
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2 | F. The public child placing agency in the receiving state | ||||||
3 | shall complete or arrange for the completion of the assessment | ||||||
4 | within the timeframes established by the rules of the | ||||||
5 | Interstate Commission.
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6 | G. The Interstate Commission may develop uniform standards | ||||||
7 | for the assessment of the safety and suitability of interstate | ||||||
8 | placements.
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9 | ARTICLE VI. PLACEMENT AUTHORITY
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10 | A. Except as provided in Article VI, Section C, no child | ||||||
11 | subject to this compact shall be placed into a receiving state | ||||||
12 | until approval for such placement is obtained.
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13 | B. If the public child placing agency in the receiving | ||||||
14 | state does not approve the proposed placement then the child | ||||||
15 | shall not be placed. The receiving state shall provide written | ||||||
16 | documentation of any such determination in accordance with the | ||||||
17 | rules promulgated by the Interstate Commission. Such | ||||||
18 | determination is not subject to judicial review in the sending | ||||||
19 | state.
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20 | C. If the proposed placement is not approved, any | ||||||
21 | interested party shall have standing to seek an administrative | ||||||
22 | review of the receiving state's determination.
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23 | 1. The administrative review and any further judicial | ||||||
24 | review associated with the determination shall be | ||||||
25 | conducted in the receiving state pursuant to its applicable |
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1 | administrative procedures.
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2 | 2. If a determination not to approve the placement of | ||||||
3 | the child in the receiving state is overturned upon review, | ||||||
4 | the placement shall be deemed approved, provided however | ||||||
5 | that all administrative or judicial remedies have been | ||||||
6 | exhausted or the time for such remedies has passed.
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7 | ARTICLE VII. STATE RESPONSIBILITY | ||||||
8 |
A. For the interstate placement of a child made by a | ||||||
9 | public child placing agency or state court:
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10 | 1. The public child placing agency in the sending state | ||||||
11 | shall have financial responsibility for:
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12 | a. the ongoing support and maintenance for the | ||||||
13 | child during the period of the placement, unless | ||||||
14 | otherwise provided for in the receiving state; and
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15 | b. as determined by the public child placing agency | ||||||
16 | in the sending state, services for the child beyond the | ||||||
17 | public services for which the child is eligible in the | ||||||
18 | receiving state.
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19 | 2. The receiving state shall only have financial | ||||||
20 | responsibility for:
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21 | a. any assessment conducted by the receiving | ||||||
22 | state; and
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23 | b. supervision conducted by the receiving state at | ||||||
24 | the level necessary to support the placement as agreed | ||||||
25 | upon by the public child placing agencies of the |
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1 | receiving and sending state.
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2 | 3. Nothing in this provision shall prohibit public | ||||||
3 | child placing agencies in the sending state from entering | ||||||
4 | into agreements with licensed agencies or persons in the | ||||||
5 | receiving state to conduct assessments and provide | ||||||
6 | supervision.
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7 | B. For the placement of a child by a private child placing | ||||||
8 | agency preliminary to a possible adoption, the private child | ||||||
9 | placing agency shall be:
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10 | 1. Legally responsible for the child during the period | ||||||
11 | of placement as provided for in the law of the sending | ||||||
12 | state until the finalization of the adoption.
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13 | 2. Financially responsible for the child absent a | ||||||
14 | contractual agreement to the contrary.
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15 | C. A private child placing agency shall be responsible for | ||||||
16 | any assessment conducted in the receiving state and any | ||||||
17 | supervision conducted by the receiving state at the level | ||||||
18 | required by the laws of the receiving state or the rules of the | ||||||
19 | Interstate Commission.
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20 | D. The public child placing agency in the receiving state | ||||||
21 | shall provide timely assessments, as provided for in the rules | ||||||
22 | of the Interstate Commission.
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23 | E. The public child placing agency in the receiving state | ||||||
24 | shall provide, or arrange for the provision of, supervision and | ||||||
25 | services for the child, including timely reports, during the | ||||||
26 | period of the placement.
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1 | F. Nothing in this compact shall be construed as to limit | ||||||
2 | the authority of the public child placing agency in the | ||||||
3 | receiving state from contracting with a licensed agency or | ||||||
4 | person in the receiving state for an assessment or the | ||||||
5 | provision of supervision or services for the child or otherwise | ||||||
6 | authorizing the provision of supervision or services by a | ||||||
7 | licensed agency during the period of placement.
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8 | G. Each member state shall provide for coordination among | ||||||
9 | its branches of government concerning the state's | ||||||
10 | participation in, and compliance with, the compact and | ||||||
11 | Interstate Commission activities, through the creation of an | ||||||
12 | advisory council or use of an existing body or board.
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13 | H. Each member state shall establish a central state | ||||||
14 | compact office, which shall be responsible for state compliance | ||||||
15 | with the compact and the rules of the Interstate Commission.
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16 | I. The public child placing agency in the sending state | ||||||
17 | shall oversee compliance with the provisions of the Indian | ||||||
18 | Child Welfare Act (25 USC 1901 et seq.) for placements subject | ||||||
19 | to the provisions of this compact, prior to placement.
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20 | J. With the consent of the Interstate Commission, states | ||||||
21 | may enter into limited agreements that facilitate the timely | ||||||
22 | assessment and provision of services and supervision of | ||||||
23 | placements under this compact.
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24 | ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF | ||||||
25 | CHILDREN
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1 | The member states hereby establish, by way of this compact, | ||||||
2 | a commission known as the "Interstate Commission for the | ||||||
3 | Placement of Children." The activities of the Interstate | ||||||
4 | Commission are the formation of public policy and are a | ||||||
5 | discretionary state function. The Interstate Commission shall:
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6 | A. Be a joint commission of the member states and shall | ||||||
7 | have the responsibilities, powers and duties set forth | ||||||
8 | herein, and such additional powers as may be conferred upon | ||||||
9 | it by subsequent concurrent action of the respective | ||||||
10 | legislatures of the member states.
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11 | B. Consist of one commissioner from each member state | ||||||
12 | who shall be appointed by the executive head of the state | ||||||
13 | human services administration with ultimate responsibility | ||||||
14 | for the child welfare program. The appointed commissioner | ||||||
15 | shall have the legal authority to vote on policy related | ||||||
16 | matters governed by this compact binding the state.
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17 | 1. Each member state represented at a meeting of | ||||||
18 | the Interstate Commission is entitled to one vote.
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19 | 2. A majority of the member states shall constitute | ||||||
20 | a quorum for the transaction of business, unless a | ||||||
21 | larger quorum is required by the bylaws of the | ||||||
22 | Interstate Commission.
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23 | 3. A representative shall not delegate a vote to | ||||||
24 | another member state.
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25 | 4. A representative may delegate voting authority | ||||||
26 | to another person from their state for a specified |
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1 | meeting.
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2 | C. In addition to the commissioners of each member | ||||||
3 | state, the Interstate Commission shall include persons who | ||||||
4 | are members of interested organizations as defined in the | ||||||
5 | bylaws or rules of the Interstate Commission. Such members | ||||||
6 | shall be ex officio and shall not be entitled to vote on | ||||||
7 | any matter before the Interstate Commission.
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8 | D. Establish an executive committee which shall have | ||||||
9 | the authority to administer the day-to-day operations and | ||||||
10 | administration of the Interstate Commission. It shall not | ||||||
11 | have the power to engage in rulemaking.
| ||||||
12 | ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION
| ||||||
13 | The Interstate Commission shall have the following powers:
| ||||||
14 | A. To promulgate rules and take all necessary actions | ||||||
15 | to effect the goals, purposes and obligations as enumerated | ||||||
16 | in this compact.
| ||||||
17 | B. To provide for dispute resolution among member | ||||||
18 | states.
| ||||||
19 | C. To issue, upon request of a member state, advisory | ||||||
20 | opinions concerning the meaning or interpretation of the | ||||||
21 | interstate compact, its bylaws, rules or actions.
| ||||||
22 | D. To enforce compliance with this compact or the | ||||||
23 | bylaws or rules of the Interstate Commission pursuant to | ||||||
24 | Article XII.
| ||||||
25 | E. Collect standardized data concerning the interstate |
| |||||||
| |||||||
1 | placement of children subject to this compact as directed | ||||||
2 | through its rules which shall specify the data to be | ||||||
3 | collected, the means of collection and data exchange and | ||||||
4 | reporting requirements.
| ||||||
5 | F. To establish and maintain offices as may be | ||||||
6 | necessary for the transacting of its business.
| ||||||
7 | G. To purchase and maintain insurance and bonds.
| ||||||
8 | H. To hire or contract for services of personnel or | ||||||
9 | consultants as necessary to carry out its functions under | ||||||
10 | the compact and establish personnel qualification | ||||||
11 | policies, and rates of compensation.
| ||||||
12 | I. To establish and appoint committees and officers | ||||||
13 | including, but not limited to, an executive committee as | ||||||
14 | required by Article X.
| ||||||
15 | J. To accept any and all donations and grants of money, | ||||||
16 | equipment, supplies, materials, and services, and to | ||||||
17 | receive, utilize, and dispose thereof.
| ||||||
18 | K. To lease, purchase, accept contributions or | ||||||
19 | donations of, or otherwise to own, hold, improve or use any | ||||||
20 | property, real, personal, or mixed.
| ||||||
21 | L. To sell, convey, mortgage, pledge, lease, exchange, | ||||||
22 | abandon, or otherwise dispose of any property, real, | ||||||
23 | personal or mixed.
| ||||||
24 | M. To establish a budget and make expenditures.
| ||||||
25 | N. To adopt a seal and bylaws governing the management | ||||||
26 | and operation of the Interstate Commission.
|
| |||||||
| |||||||
1 | O. To report annually to the legislatures, governors, | ||||||
2 | the judiciary, and state advisory councils of the member | ||||||
3 | states concerning the activities of the Interstate | ||||||
4 | Commission during the preceding year. Such reports shall | ||||||
5 | also include any recommendations that may have been adopted | ||||||
6 | by the Interstate Commission.
| ||||||
7 | P. To coordinate and provide education, training and | ||||||
8 | public awareness regarding the interstate movement of | ||||||
9 | children for officials involved in such activity.
| ||||||
10 | Q. To maintain books and records in accordance with the | ||||||
11 | bylaws of the Interstate Commission.
| ||||||
12 | R. To perform such functions as may be necessary or | ||||||
13 | appropriate to achieve the purposes of this compact. | ||||||
14 | ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE | ||||||
15 | COMMISSION
| ||||||
16 | A. Bylaws
| ||||||
17 | 1. Within 12 months after the first Interstate | ||||||
18 | Commission meeting, the Interstate Commission shall adopt | ||||||
19 | bylaws to govern its conduct as may be necessary or | ||||||
20 | appropriate to carry out the purposes of the compact.
| ||||||
21 | 2. The Interstate Commission's bylaws and rules shall | ||||||
22 | establish conditions and procedures under which the | ||||||
23 | Interstate Commission shall make its information and | ||||||
24 | official records available to the public for inspection or | ||||||
25 | copying. The Interstate Commission may exempt from |
| |||||||
| |||||||
1 | disclosure information or official records to the extent | ||||||
2 | they would adversely affect personal privacy rights or | ||||||
3 | proprietary interests.
| ||||||
4 | B. Meetings
| ||||||
5 | 1. The Interstate Commission shall meet at least once | ||||||
6 | each calendar year. The chairperson may call additional | ||||||
7 | meetings and, upon the request of a simple majority of the | ||||||
8 | member states shall call additional meetings.
| ||||||
9 | 2. Public notice shall be given by the Interstate | ||||||
10 | Commission of all meetings and all meetings shall be open | ||||||
11 | to the public, except as set forth in the rules or as | ||||||
12 | otherwise provided in the compact. The Interstate | ||||||
13 | Commission and its committees may close a meeting, or | ||||||
14 | portion thereof, where it determines by two-thirds vote | ||||||
15 | that an open meeting would be likely to:
| ||||||
16 | a. relate solely to the Interstate Commission's | ||||||
17 | internal personnel practices and procedures; or
| ||||||
18 | b. disclose matters specifically exempted from | ||||||
19 | disclosure by federal law; or
| ||||||
20 | c. disclose financial or commercial information | ||||||
21 | which is privileged, proprietary or confidential in | ||||||
22 | nature; or
| ||||||
23 | d. involve accusing a person of a crime, or | ||||||
24 | formally censuring a person; or
| ||||||
25 | e. disclose information of a personal nature where | ||||||
26 | disclosure would constitute a clearly unwarranted |
| |||||||
| |||||||
1 | invasion of personal privacy or physically endanger | ||||||
2 | one or more persons; or
| ||||||
3 | f. disclose investigative records compiled for law | ||||||
4 | enforcement purposes; or
| ||||||
5 | g. specifically relate to the Interstate | ||||||
6 | Commission's participation in a civil action or other | ||||||
7 | legal proceeding.
| ||||||
8 | 3. For a meeting, or portion of a meeting, closed | ||||||
9 | pursuant to this provision, the Interstate Commission's | ||||||
10 | legal counsel or designee shall certify that the meeting | ||||||
11 | may be closed and shall reference each relevant exemption | ||||||
12 | provision. The Interstate Commission shall keep minutes | ||||||
13 | which shall fully and clearly describe all matters | ||||||
14 | discussed in a meeting and shall provide a full and | ||||||
15 | accurate summary of actions taken, and the reasons | ||||||
16 | therefore, including a description of the views expressed | ||||||
17 | and the record of a roll call vote. All documents | ||||||
18 | considered in connection with an action shall be identified | ||||||
19 | in such minutes. All minutes and documents of a closed | ||||||
20 | meeting shall remain under seal, subject to release by a | ||||||
21 | majority vote of the Interstate Commission or by court | ||||||
22 | order.
| ||||||
23 | 4. The bylaws may provide for meetings of the | ||||||
24 | Interstate Commission to be conducted by telecommunication | ||||||
25 | or other electronic communication.
| ||||||
26 | C. Officers and Staff
|
| |||||||
| |||||||
1 | 1. The Interstate Commission may, through its | ||||||
2 | executive committee, appoint or retain a staff director for | ||||||
3 | such period, upon such terms and conditions and for such | ||||||
4 | compensation as the Interstate Commission may deem | ||||||
5 | appropriate. The staff director shall serve as secretary to | ||||||
6 | the Interstate Commission, but shall not have a vote. The | ||||||
7 | staff director may hire and supervise such other staff as | ||||||
8 | may be authorized by the Interstate Commission.
| ||||||
9 | 2. The Interstate Commission shall elect, from among | ||||||
10 | its members, a chairperson and a vice chairperson of the | ||||||
11 | executive committee and other necessary officers, each of | ||||||
12 | whom shall have such authority and duties as may be | ||||||
13 | specified in the bylaws.
| ||||||
14 | D. Qualified Immunity, Defense and Indemnification
| ||||||
15 | 1. The Interstate Commission's staff director and its | ||||||
16 | employees shall be immune from suit and liability, either | ||||||
17 | personally or in their official capacity, for a claim for | ||||||
18 | damage to or loss of property or personal injury or other | ||||||
19 | civil liability caused or arising out of or relating to an | ||||||
20 | actual or alleged act, error, or omission that occurred, or | ||||||
21 | that such person had a reasonable basis for believing | ||||||
22 | occurred within the scope of Commission employment, | ||||||
23 | duties, or responsibilities; provided, that such person | ||||||
24 | shall not be protected from suit or liability for damage, | ||||||
25 | loss, injury, or liability caused by a criminal act or the | ||||||
26 | intentional or willful and wanton misconduct of such |
| |||||||
| |||||||
1 | person.
| ||||||
2 | a. The liability of the Interstate Commission's | ||||||
3 | staff director and employees or Interstate Commission | ||||||
4 | representatives, acting within the scope of such | ||||||
5 | person's employment or duties for acts, errors, or | ||||||
6 | omissions occurring within such person's state may not | ||||||
7 | exceed the limits of liability set forth under the | ||||||
8 | Constitution and laws of that state for state | ||||||
9 | officials, employees, and agents. The Interstate | ||||||
10 | Commission is considered to be an instrumentality of | ||||||
11 | the states for the purposes of any such action. Nothing | ||||||
12 | in this subsection shall be construed to protect such | ||||||
13 | person from suit or liability for damage, loss, injury, | ||||||
14 | or liability caused by a criminal act or the | ||||||
15 | intentional or willful and wanton misconduct of such | ||||||
16 | person.
| ||||||
17 | b. The Interstate Commission shall defend the | ||||||
18 | staff director and its employees and, subject to the | ||||||
19 | approval of the Attorney General or other appropriate | ||||||
20 | legal counsel of the member state shall defend the | ||||||
21 | commissioner of a member state in a civil action | ||||||
22 | seeking to impose liability arising out of an actual or | ||||||
23 | alleged act, error or omission that occurred within the | ||||||
24 | scope of Interstate Commission employment, duties or | ||||||
25 | responsibilities, or that the defendant had a | ||||||
26 | reasonable basis for believing occurred within the |
| |||||||
| |||||||
1 | scope of Interstate Commission employment, duties, or | ||||||
2 | responsibilities, provided that the actual or alleged | ||||||
3 | act, error, or omission did not result from intentional | ||||||
4 | or willful and wanton misconduct on the part of such | ||||||
5 | person.
| ||||||
6 | c. To the extent not covered by the state involved, | ||||||
7 | member state, or the Interstate Commission, the | ||||||
8 | representatives or employees of the Interstate | ||||||
9 | Commission shall be held harmless in the amount of a | ||||||
10 | settlement or judgment, including attorney's fees and | ||||||
11 | costs, obtained against such persons arising out of an | ||||||
12 | actual or alleged act, error, or omission that occurred | ||||||
13 | within the scope of Interstate Commission employment, | ||||||
14 | duties, or responsibilities, or that such persons had a | ||||||
15 | reasonable basis for believing occurred within the | ||||||
16 | scope of Interstate Commission employment, duties, or | ||||||
17 | responsibilities, provided that the actual or alleged | ||||||
18 | act, error, or omission did not result from intentional | ||||||
19 | or willful and wanton misconduct on the part of such | ||||||
20 | persons.
| ||||||
21 | ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION | ||||||
22 | A. The Interstate Commission shall promulgate and publish | ||||||
23 | rules in order to effectively and efficiently achieve the | ||||||
24 | purposes of the compact.
| ||||||
25 | B. Rulemaking shall occur pursuant to the criteria set |
| |||||||
| |||||||
1 | forth in this article and the bylaws and rules adopted pursuant | ||||||
2 | thereto. Such rulemaking shall substantially conform to the | ||||||
3 | principles of the "Model State Administrative Procedures Act," | ||||||
4 | 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such | ||||||
5 | other administrative procedure acts as the Interstate | ||||||
6 | Commission deems appropriate consistent with due process | ||||||
7 | requirements under the United States Constitution as now or | ||||||
8 | hereafter interpreted by the U. S. Supreme Court. All rules and | ||||||
9 | amendments shall become binding as of the date specified, as | ||||||
10 | published with the final version of the rule as approved by the | ||||||
11 | Interstate Commission.
| ||||||
12 | C. When promulgating a rule, the Interstate Commission | ||||||
13 | shall, at a minimum:
| ||||||
14 | 1. Publish the proposed rule's entire text stating the | ||||||
15 | reason(s) for that proposed rule; and
| ||||||
16 | 2. Allow and invite any and all persons to submit | ||||||
17 | written data, facts, opinions and arguments, which | ||||||
18 | information shall be added to the record, and be made | ||||||
19 | publicly available; and
| ||||||
20 | 3. Promulgate a final rule and its effective date, if | ||||||
21 | appropriate, based on input from state or local officials, | ||||||
22 | or interested parties.
| ||||||
23 | D. Rules promulgated by the Interstate Commission shall | ||||||
24 | have the force and effect of statutory law and shall supersede | ||||||
25 | any state law, rule or regulation to the extent of any | ||||||
26 | conflict.
|
| |||||||
| |||||||
1 | E. Not later than 60 days after a rule is promulgated, an | ||||||
2 | interested person may file a petition in the U.S. District | ||||||
3 | Court for the District of Columbia or in the Federal District | ||||||
4 | Court where the Interstate Commission's principal office is | ||||||
5 | located for judicial review of such rule. If the court finds | ||||||
6 | that the Interstate Commission's action is not supported by | ||||||
7 | substantial evidence in the rulemaking record, the court shall | ||||||
8 | hold the rule unlawful and set it aside.
| ||||||
9 | F. If a majority of the legislatures of the member states | ||||||
10 | rejects a rule, those states may by enactment of a statute or | ||||||
11 | resolution in the same manner used to adopt the compact cause | ||||||
12 | that such rule shall have no further force and effect in any | ||||||
13 | member state.
| ||||||
14 | G. The existing rules governing the operation of the | ||||||
15 | Interstate Compact on the Placement of Children superseded by | ||||||
16 | this act shall be null and void no less than 12, but no more | ||||||
17 | than 24 months after the first meeting of the Interstate | ||||||
18 | Commission created hereunder, as determined by the members | ||||||
19 | during the first meeting.
| ||||||
20 | H. Within the first 12 months of operation, the Interstate | ||||||
21 | Commission shall promulgate rules addressing the following:
| ||||||
22 | 1. Transition rules
| ||||||
23 | 2. Forms and procedures
| ||||||
24 | 3. Time lines
| ||||||
25 | 4. Data collection and reporting
| ||||||
26 | 5. Rulemaking
|
| |||||||
| |||||||
1 | 6. Visitation
| ||||||
2 | 7. Progress reports/supervision
| ||||||
3 | 8. Sharing of information/confidentiality
| ||||||
4 | 9. Financing of the Interstate Commission
| ||||||
5 | 10. Mediation, arbitration and dispute resolution
| ||||||
6 | 11. Education, training and technical assistance
| ||||||
7 | 12. Enforcement
| ||||||
8 | 13. Coordination with other interstate compacts.
| ||||||
9 | I. Upon determination by a majority of the members of the | ||||||
10 | Interstate Commission that an emergency exists:
| ||||||
11 | 1. The Interstate Commission may promulgate an | ||||||
12 | emergency rule only if it is required to:
| ||||||
13 | a. Protect the children covered by this compact | ||||||
14 | from an imminent threat to their health, safety and | ||||||
15 | well-being; or
| ||||||
16 | b. Prevent loss of federal or state funds; or
| ||||||
17 | c. Meet a deadline for the promulgation of an | ||||||
18 | administrative rule required by federal law.
| ||||||
19 | 2. An emergency rule shall become effective | ||||||
20 | immediately upon adoption, provided that the usual | ||||||
21 | rulemaking procedures provided hereunder shall be | ||||||
22 | retroactively applied to said rule as soon as reasonably | ||||||
23 | possible, but no later than 90 days after the effective | ||||||
24 | date of the emergency rule.
| ||||||
25 | 3. An emergency rule shall be promulgated as provided | ||||||
26 | for in the rules of the Interstate Commission.
|
| |||||||
| |||||||
1 | ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT | ||||||
2 | A. Oversight
| ||||||
3 | 1. The Interstate Commission shall oversee the | ||||||
4 | administration and operation of the compact.
| ||||||
5 | 2. The executive, legislative and judicial branches of | ||||||
6 | state government in each member state shall enforce this | ||||||
7 | compact and the rules of the Interstate Commission and | ||||||
8 | shall take all actions necessary and appropriate to | ||||||
9 | effectuate the compact's purposes and intent. The compact | ||||||
10 | and its rules shall supercede state law, rules or | ||||||
11 | regulations to the extent of any conflict therewith.
| ||||||
12 | 3. All courts shall take judicial notice of the compact | ||||||
13 | and the rules in any judicial or administrative proceeding | ||||||
14 | in a member state pertaining to the subject matter of this | ||||||
15 | compact.
| ||||||
16 | 4. The Interstate Commission shall be entitled to | ||||||
17 | receive service of process in any action in which the | ||||||
18 | validity of a compact provision or rule is the issue for | ||||||
19 | which a judicial determination has been sought and shall | ||||||
20 | have standing to intervene in any proceedings. Failure to | ||||||
21 | provide service of process to the Interstate Commission | ||||||
22 | shall render any judgment, order or other determination, | ||||||
23 | however so captioned or classified, void as to the | ||||||
24 | Interstate Commission, this compact, its bylaws or rules of | ||||||
25 | the Interstate Commission.
|
| |||||||
| |||||||
1 | B. Dispute Resolution
| ||||||
2 | 1. The Interstate Commission shall attempt, upon the | ||||||
3 | request of a member state, to resolve disputes which are | ||||||
4 | subject to the compact and which may arise among member | ||||||
5 | states and between member and non-member states.
| ||||||
6 | 2. The Interstate Commission shall promulgate a rule | ||||||
7 | providing for both mediation and binding dispute | ||||||
8 | resolution for disputes among compacting states. The costs | ||||||
9 | of such mediation or dispute resolution shall be the | ||||||
10 | responsibility of the parties to the dispute.
| ||||||
11 | C. Enforcement
| ||||||
12 | 1. If the Interstate Commission determines that a | ||||||
13 | member state has defaulted in the performance of its | ||||||
14 | obligations or responsibilities under this compact, its | ||||||
15 | bylaws or rules, the Interstate Commission may:
| ||||||
16 | a. Provide remedial training and specific | ||||||
17 | technical assistance; or
| ||||||
18 | b. Provide written notice to the defaulting state | ||||||
19 | and other member states, of the nature of the default | ||||||
20 | and the means of curing the default. The Interstate | ||||||
21 | Commission shall specify the conditions by which the | ||||||
22 | defaulting state must cure its default; or
| ||||||
23 | c. By majority vote of the members, initiate | ||||||
24 | against a defaulting member state legal action in the | ||||||
25 | United State District Court for the District of | ||||||
26 | Columbia or, at the discretion of the Interstate |
| |||||||
| |||||||
1 | Commission, in the federal district where the | ||||||
2 | Interstate Commission has its principal office, to | ||||||
3 | enforce compliance with the provisions of the compact, | ||||||
4 | its bylaws or rules. The relief sought may include both | ||||||
5 | injunctive relief and damages. In the event judicial | ||||||
6 | enforcement is necessary the prevailing party shall be | ||||||
7 | awarded all costs of such litigation including | ||||||
8 | reasonable attorney's fees; or
| ||||||
9 | d. Avail itself of any other remedies available | ||||||
10 | under state law or the regulation of official or | ||||||
11 | professional conduct.
| ||||||
12 | ARTICLE XIII. FINANCING OF THE COMMISSION
| ||||||
13 | A. The Interstate Commission shall pay, or provide for the | ||||||
14 | payment of the reasonable expenses of its establishment, | ||||||
15 | organization and ongoing activities.
| ||||||
16 | B. The Interstate Commission may levy on and collect an | ||||||
17 | annual assessment from each member state to cover the cost of | ||||||
18 | the operations and activities of the Interstate Commission and | ||||||
19 | its staff which must be in a total amount sufficient to cover | ||||||
20 | the Interstate Commission's annual budget as approved by its | ||||||
21 | members each year. The aggregate annual assessment amount shall | ||||||
22 | be allocated based upon a formula to be determined by the | ||||||
23 | Interstate Commission which shall promulgate a rule binding | ||||||
24 | upon all member states.
| ||||||
25 | C. The Interstate Commission shall not incur obligations of |
| |||||||
| |||||||
1 | any kind prior to securing the funds adequate to meet the same; | ||||||
2 | nor shall the Interstate Commission pledge the credit of any of | ||||||
3 | the member states, except by and with the authority of the | ||||||
4 | member state.
| ||||||
5 | D. The Interstate Commission shall keep accurate accounts | ||||||
6 | of all receipts and disbursements. The receipts and | ||||||
7 | disbursements of the Interstate Commission shall be subject to | ||||||
8 | the audit and accounting procedures established under its | ||||||
9 | bylaws. However, all receipts and disbursements of funds | ||||||
10 | handled by the Interstate Commission shall be audited yearly by | ||||||
11 | a certified or licensed public accountant and the report of the | ||||||
12 | audit shall be included in and become part of the annual report | ||||||
13 | of the Interstate Commission.
| ||||||
14 | ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT
| ||||||
15 | A. Any state is eligible to become a member state.
| ||||||
16 | B. The compact shall become effective and binding upon | ||||||
17 | legislative enactment of the compact into law by no less than | ||||||
18 | 35 states. The effective date shall be the later of July 1, | ||||||
19 | 2007 or upon enactment of the compact into law by the 35th | ||||||
20 | state. Thereafter it shall become effective and binding as to | ||||||
21 | any other member state upon enactment of the compact into law | ||||||
22 | by that state. The executive heads of the state human services | ||||||
23 | administration with ultimate responsibility for the child | ||||||
24 | welfare program of non-member states or their designees shall | ||||||
25 | be invited to participate in the activities of the Interstate |
| |||||||
| |||||||
1 | Commission on a non-voting basis prior to adoption of the | ||||||
2 | compact by all states.
| ||||||
3 | C. The Interstate Commission may propose amendments to the | ||||||
4 | compact for enactment by the member states. No amendment shall | ||||||
5 | become effective and binding on the member states unless and | ||||||
6 | until it is enacted into law by unanimous consent of the member | ||||||
7 | states.
| ||||||
8 | ARTICLE XV. WITHDRAWAL AND DISSOLUTION
| ||||||
9 | A. Withdrawal
| ||||||
10 | 1. Once effective, the compact shall continue in force | ||||||
11 | and remain binding upon each and every member state; | ||||||
12 | provided that a member state may withdraw from the compact | ||||||
13 | specifically repealing the statute which enacted the | ||||||
14 | compact into law.
| ||||||
15 | 2. Withdrawal from this compact shall be by the | ||||||
16 | enactment of a statute repealing the same. The effective | ||||||
17 | date of withdrawal shall be the effective date of the | ||||||
18 | repeal of the statute.
| ||||||
19 | 3. The withdrawing state shall immediately notify the | ||||||
20 | president of the Interstate Commission in writing upon the | ||||||
21 | introduction of legislation repealing this compact in the | ||||||
22 | withdrawing state. The Interstate Commission shall then | ||||||
23 | notify the other member states of the withdrawing state's | ||||||
24 | intent to withdraw.
| ||||||
25 | 4. The withdrawing state is responsible for all |
| |||||||
| |||||||
1 | assessments, obligations and liabilities incurred through | ||||||
2 | the effective date of withdrawal.
| ||||||
3 | 5. Reinstatement following withdrawal of a member | ||||||
4 | state shall occur upon the withdrawing state reenacting the | ||||||
5 | compact or upon such later date as determined by the | ||||||
6 | members of the Interstate Commission.
| ||||||
7 | B. Dissolution of Compact
| ||||||
8 | 1. This compact shall dissolve effective upon the date | ||||||
9 | of the withdrawal or default of the member state which | ||||||
10 | reduces the membership in the compact to one member state.
| ||||||
11 | 2. Upon the dissolution of this compact, the compact | ||||||
12 | becomes null and void and shall be of no further force or | ||||||
13 | effect, and the business and affairs of the Interstate | ||||||
14 | Commission shall be concluded and surplus funds shall be | ||||||
15 | distributed in accordance with the bylaws.
| ||||||
16 | ARTICLE XVI. SEVERABILITY AND CONSTRUCTION
| ||||||
17 | A. The provisions of this compact shall be severable, and | ||||||
18 | if any phrase, clause, sentence or provision is deemed | ||||||
19 | unenforceable, the remaining provisions of the compact shall be | ||||||
20 | enforceable.
| ||||||
21 | B. The provisions of this compact shall be liberally | ||||||
22 | construed to effectuate its purposes.
| ||||||
23 | C. Nothing in this compact shall be construed to prohibit | ||||||
24 | the concurrent applicability of other interstate compacts to | ||||||
25 | which the states are members.
|
| |||||||
| |||||||
1 | ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS
| ||||||
2 | A. Other Laws
| ||||||
3 | 1. Nothing herein prevents the enforcement of any other | ||||||
4 | law of a member state that is not inconsistent with this | ||||||
5 | compact.
| ||||||
6 | 2. All member states' laws conflicting with this | ||||||
7 | compact or its rules are superseded to the extent of the | ||||||
8 | conflict.
| ||||||
9 | B. Binding Effect of the Compact
| ||||||
10 | 1. All lawful actions of the Interstate Commission, | ||||||
11 | including all rules and bylaws promulgated by the | ||||||
12 | Interstate Commission, are binding upon the member states.
| ||||||
13 | 2. All agreements between the Interstate Commission | ||||||
14 | and the member states are binding in accordance with their | ||||||
15 | terms.
| ||||||
16 | 3. In the event any provision of this compact exceeds | ||||||
17 | the constitutional limits imposed on the legislature of any | ||||||
18 | member state, such provision shall be ineffective to the | ||||||
19 | extent of the conflict with the constitutional provision in | ||||||
20 | question in that member state. | ||||||
21 | ARTICLE XVIII. INDIAN TRIBES
| ||||||
22 | Notwithstanding any other provision in this compact, the | ||||||
23 | Interstate Commission may promulgate guidelines to permit | ||||||
24 | Indian tribes to utilize the compact to achieve any or all of |
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1 | the purposes of the compact as specified in Article I. The | ||||||
2 | Interstate Commission shall make reasonable efforts to consult | ||||||
3 | with Indian tribes in promulgating guidelines to reflect the | ||||||
4 | diverse circumstances of the various Indian tribes.". | ||||||
5 | Section 10. Enforcement. The agencies and officers of this | ||||||
6 | State and its subdivisions shall enforce this compact and do | ||||||
7 | all things appropriate to effect its purpose and intent that | ||||||
8 | may be within their respective jurisdictions.
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9 | Section 90. The Interstate Compact on Placement of Children | ||||||
10 | Act is amended by adding Section 7.5 as follows: | ||||||
11 | (45 ILCS 15/7.5 new) | ||||||
12 | Sec. 7.5. Interstate Compact for the Placement of Children | ||||||
13 | Act of 2007. The Interstate Compact for the Placement of | ||||||
14 | Children under the Interstate Compact for Placement of Children | ||||||
15 | Act of 2007 is intended to be a revised version and | ||||||
16 | continuation of the Interstate Compact for the Placement of | ||||||
17 | Children under this Act. If the interstate compact set forth | ||||||
18 | under the
Interstate Compact for the Placement of Children Act | ||||||
19 | of 2007 becomes operative under the terms of that compact, then | ||||||
20 | the provisions of the compact under this Act remain in effect | ||||||
21 | and enforceable with respect to any actions undertaken prior to | ||||||
22 | the operative date of the compact set forth under the
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23 | Interstate Compact for the Placement of Children Act of 2007. |
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1 | Actions undertaken on or after that operative date, however, | ||||||
2 | shall be governed by the interstate compact under the | ||||||
3 | Interstate Compact for the Placement of Children Act of 2007. | ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law.
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