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Bills from the 2009–10 session

Assembly Bill 705

The Interstate Compact for the Placement of Children

Topics: Children and Families, Department of, Children: Adoption, Children: Protection and services, Interstate compact

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Feb 5, 2010

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, the Interstate Compact on the Placement of Children provides procedures for sending a child from this state to another state, placing a child from this state in an institution in another state, bringing a child from another state into this state, and placing a child from another state in an institution in this state.

The bill also creates a new Interstate Compact for the Placement of Children that becomes effective when 35 states enact the compact. The compact applies to the interstate placement of a child who is subject to ongoing court jurisdiction in a sending state due to allegations or findings that the child has been abused, neglected, or deprived and to the interstate placement of a child as a preliminary step to a possible adoption. The compact also applies to the interstate placement of a child who has been adjudicated delinquent or unmanageable and who is subject to the ongoing court jurisdiction of a sending state if the placement of the child is not covered under another interstate compact such as the Interstate Compact for Juveniles or an assessment of the placement is not provided through another compact.

Read the full summary

The compact, however, does not apply to: 1) the interstate placement of a child in a custody proceeding in which a public child placing agency is not a party so long as the placement is not for adoption; 2) the interstate placement of a child by his or her parent so long as the placement is not for adoption; 3) the interstate placement of a child with a relative by a relative who has the authority to make such a placement; or 4) the placement of a child with a noncustodial parent if the court in the sending state finds that the noncustodial parent has a substantial relationship with the child, finds that the placement is in the best interests of the child, and, for a placement in a proceeding in which a public child placing agency is a party, dismisses its jurisdiction over the proceeding. The compact also does not apply to:

1) a child who is entering or leaving the United States for purposes of adoption; 2) cases in which a child living overseas with his or her family, at least one member of which is in the U.S. armed services, is removed and placed in a state; and 3) the sending of a child to another state for a visit.

Under the compact:

1. Subject to certain exceptions for adoptions and for interstate placements in custody proceedings in which a public child placing agency is not a party, the sending state retains jurisdiction over a child with respect to all matters of custody and disposition over which the sending state would have had jurisdiction if the child had remained in the sending state, including the power to order the return of the child.

2. Before a child is sent to a receiving state, the child placing agency of the sending state must request, and a public child placing agency in the receiving state must complete, an assessment of the proposed placement to determine the safety and suitability of the placement.

3. A child may not be placed in a receiving state until a public child placing agency in the receiving state approves the placement, unless a determination not to approve the placement is overturned on administrative or judicial review under the laws of the receiving state.

4. For the interstate placement of a child made by a public child placing agency or state court, the public child placing agency in the sending state is financially responsible for ongoing maintenance payments for the child during the period of the placement and for services for the child beyond the public services for which the child is eligible in the receiving state, and the receiving state is financially responsible for any assessment conducted by the receiving state and for supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the sending and receiving states.

5. For the placement of a child by a private child placing agency for adoption, the private child placing agency is legally responsible for the child until finalization of the adoption and financially responsible for the child absent a contractual agreement to the contrary.

The bill also creates an Interstate Commission for the Placement of Children (interstate commission) composed of a commissioner from each of the member states appointed by the executive head of the state human services administration with ultimate responsibility for the state's child welfare program. Each member state has one vote on the interstate commission. Under the bill, the interstate commission has various powers, including the power to do all of the following:

1. Promulgate rules to achieve the purposes of the compact. Rules promulgated by the interstate commission are binding in the compacting states to the extent and in the manner provided for in the compact. A majority of the legislatures of the member states may reject a rule. If that is done, the rule has no effect in any of the member states.

2. Provide for dispute resolution among member states and between member states and nonmember states.

3. Levy assessments on member states to cover the costs of the interstate commission's operations and activities.

4. Enforce compliance with the compact or the bylaws or rules of the interstate commission. If a member state defaults in the performance of any of the state's obligations under the compact, the interstate commission may provide remedial training and technical assistance, specify conditions by which the defaulting state must cure its default, enforce compliance with the compact by bringing legal action in federal court against the defaulting state, or avail itself of any other remedies available under state law or the regulation of official or professional conduct.

5. Report annually to the compacting states concerning the activities of the interstate commission during the preceding year.

6. Perform such functions as may be necessary to achieve the purposes of the compact.

A state may withdraw from the compact by repealing the statute that enacted the compact into law in that state. A withdrawal takes effect on the effective date of the repeal of that statute.

Finally, all lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission and agreements between the interstate commission and the member states, are binding on the member states, except that, if a provision of the compact exceeds a constitutional limit imposed on the legislature of a member state, that provision is ineffective in that member state to the extent of the conflict.

Who's behind it

5 representatives are its ⁠. All 5 are Democrats.

5 more lawmakers ⁠.

See all 10 names

Authors (5)

Signed on in support (5)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Children and Families vote to recommend it

Passed, 8 to 0 · Mar 9, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Children and Families, Ayes 8, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Mar 9, 2010

    Sent to the Assembly Committee on Rules.

  3. Mar 9, 2010

    The committee voted to recommend passing it, 8 to 0.

  4. Feb 22, 2010

    A state agency sent in its estimate of the cost.

  5. Feb 17, 2010

    The committee held a public hearing.

  6. Feb 11, 2010

    A state agency sent in its estimate of the cost.

  7. Feb 5, 2010

    Sent to the Assembly Committee on Children and Families.

  8. Feb 5, 2010

    Introduced in the Assembly.

See the official record, word for word
  1. Feb 5, 2010 · Assembly

    Introduced by Representatives Seidel, Berceau, Grigsby, Sinicki and Zepnick;Cosponsored by Senators Jauch, Holperin, Miller, Lehman and Lassa

  2. Feb 5, 2010 · Assembly

    Read first time and referred to committee on Children and Families

  3. Feb 5, 2010 · Assembly

    LRB correction

  4. Feb 11, 2010 · Assembly

    Fiscal estimate received

  5. Feb 17, 2010 · Assembly

    Public hearing held

  6. Feb 22, 2010 · Assembly

    Fiscal estimate received

  7. Mar 3, 2010 · Assembly

    Executive action taken

  8. Mar 9, 2010 · Assembly

    Report passage recommended by committee on Children and Families, Ayes 8, Noes 0

  9. Mar 9, 2010 · Assembly

    Referred to committee on Rules

  10. Apr 13, 2010 · Assembly

    Made a special order of business at 11:32 A.M. on 4-15-2010 pursuant to Assembly Resolution 22

  11. Apr 15, 2010 · Assembly

    Laid on the table

  12. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote