The Interstate Compact for the Placement of Children

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.