West's F.S.A. § 409.408
West's Florida Statutes Annotated Currentness
Title XXX. Social Welfare (Chapters 409-434)
Chapter 409. Social and Economic Assistance
409.408.
Interstate Compact for the Placement of Children
Effective
July 1, 2009, or upon the enactment
of the Interstate Compact for the Placement of Children into law by the
35th compacting state, whichever date occurs later, the Governor is
authorized and directed to execute a compact on behalf of this state
with any other state or states legally joining
therein in the form substantially as follows:
INTERSTATE COMPACT
FOR THE PLACEMENT OF CHILDREN
ARTICLE
I. PURPOSE
The purpose of this Interstate Compact for the Placement of Children is to:
A. Provide a process through which
children subject to this compact are placed in safe and suitable homes in a timely manner.
B. Facilitate ongoing supervision
of a placement, the delivery of services, and communication between the states.
C. Provide operating procedures that
will ensure that children are placed in safe and suitable homes in a timely manner.
D. Provide for the promulgation and
enforcement of administrative rules implementing the provisions of this compact and regulating the covered
activities of the member states.
E. Provide for uniform data collection
and information sharing between member states under this compact.
F.
Promote coordination between this
compact, the Interstate Compact for Juveniles, the Interstate Compact
on Adoption and Medical Assistance, and other compacts affecting the
placement of and which provide services to children otherwise subject to
this compact.
G.
Provide for a state's continuing
legal jurisdiction and responsibility for placement and care of a child
that it would have had if the placement were intrastate.
H. Provide for the promulgation of
guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be
permitted by federal law.
ARTICLE
II. DEFINITIONS
As used in this compact:
A. "Approved placement" means the
public child-placing agency in the receiving state has determined that the placement is both safe and suitable for the child.
B.
"Assessment" means an evaluation
of a prospective placement by a public child-placing agency in the
receiving state to determine if the placement meets the individualized
needs of the child, including, but not limited to, the child's safety
and stability, health and well-being, and mental,
emotional, and physical development. An assessment is only applicable
to a placement by a public child-placing agency.
C.
"Child" means an individual who has not attained the age of 18.
D. "Certification" means to attest,
declare, or swear to before a judge or notary public.
E.
"Default" means the failure of
a member state to perform the obligations or responsibilities imposed
upon it by this compact or the bylaws or rules of the Interstate
Commission.
F.
"Home study" means an evaluation
of a home environment conducted in accordance with the applicable
requirements of the state in which the home is located and that
documents the preparation and the suitability of the placement resource
for placement of a child in accordance with the laws and
requirements of the state in which the home is located.
G.
"Indian tribe" means any Indian tribe, band, nation, or other organized
group or community of Indians recognized as eligible for services
provided to Indians by the Secretary of the Interior because of their
status as Indians, including any Alaskan native
village as defined in section 3(c) of the Alaska Native Claims
Settlement Act, 43 U.S.C. s. 1602(c).
H.
"Interstate Commission for the
Placement of Children" means the commission that is created under
Article VIII of this compact and which is generally referred to as the
"Interstate Commission."
I. "Jurisdiction" means the power
and authority of a court to hear and decide matters.
J.
"Legal risk placement" or "legal
risk adoption" means a placement made preliminary to an adoption where
the prospective adoptive parents acknowledge in writing that a child can
be ordered returned to the sending state or the
birth
mother's state of residence,
if different from the sending state, and a final decree of adoption
shall not be entered in any jurisdiction until all required consents are
obtained or are dispensed with in accordance with applicable law.
K. "Member state" means a state that
has enacted this compact.
L.
"Noncustodial parent" means a person
who, at the time of the commencement of court proceedings in the
sending state, does not have sole legal custody of the child or has
joint legal custody of a child, and who is not the subject of
allegations or findings of child abuse or neglect.
M. "Nonmember state" means a state
which has not enacted this compact.
N. "Notice of residential placement"
means information regarding a placement into a residential facility provided to the receiving state, including, but not
limited
to, the name, date, and place
of birth of the child, the identity and address of the parent or legal
guardian, evidence of authority to make the placement, and the name and
address of the facility in which the child will be placed. Notice of
residential placement shall also include information
regarding a discharge and any unauthorized absence from the facility.
O. "Placement" means the act by a
public or private child-placing agency intended to arrange for the care or custody of a child in another state.
P.
"Private child-placing agency"
means any private corporation, agency, foundation, institution, or
charitable organization, or any private person or attorney, that
facilitates, causes, or is involved in the placement of a child from one
state to another and that is not an instrumentality
of the state or acting under color of state law.
Q. "Provisional placement" means a
determination made by the public child-placing agency in the receiving state that the proposed placement is safe and
suitable,
and, to the extent allowable,
the receiving state has temporarily waived its standards or
requirements otherwise applicable to prospective foster or adoptive
parents so as to not delay the placement. Completion of the receiving
state requirements regarding training for prospective foster
or adoptive parents shall not delay an otherwise safe and suitable
placement.
R.
"Public child-placing agency" means
any government child welfare agency or child protection agency or a
private entity under contract with such an agency, regardless of whether
the entity acts on behalf of a state, a county, a municipality, or
another governmental unit, and which facilitates,
causes, or is involved in the placement of a child from one state to
another.
S. "Receiving state" means the state
to which a child is sent, brought, or caused to be sent or brought.
T. "Relative" means someone who is
related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt,
uncle,
or first cousin or a nonrelative
with such significant ties to the child that the nonrelative may be
regarded as a relative as determined by the court in the sending state.
U.
"Residential facility" means a
facility providing a level of care that is sufficient to substitute for
parental responsibility or foster care and that is beyond what is
needed for assessment or treatment of an acute condition. For purposes
of the compact, the term "residential facility"
does not include institutions primarily educational in character,
hospitals, or other medical facilities.
V.
"Rule" means a written directive,
mandate, standard, or principle issued by the Interstate Commission
promulgated pursuant to Article XI of this compact that is of general
applicability and that implements, interprets, or prescribes a policy or
provision of the compact. A rule has the force
and effect of an administrative rule in a member state and includes the
amendment, repeal, or suspension of an existing rule.
W.
"Sending state" means the state from which the placement of a child is initiated.
X.
"Service member's permanent duty
station" means the military installation where an active duty United
States Armed Services member is currently assigned and is physically
located under competent orders that do not specify the duty as
temporary.
Y.
"Service member's state of legal
residence" means the state in which the active duty United States Armed
Services member is considered a resident for tax and voting purposes.
Z.
"State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the Northern Mariana
Islands, and any other territory of the United States.
AA.
"State court" means a judicial body of a state that is vested by law
with responsibility for adjudicating cases involving abuse, neglect,
deprivation, delinquency, or status offenses of individuals who have not
attained the age of 18.
BB. "Supervision" means monitoring
provided by the receiving state once a child has been placed in a receiving state pursuant to this compact.
ARTICLE III. APPLICABILITY
A. Except as otherwise provided in
Article III, Section B, this compact shall apply to:
1. The interstate placement of a child
subject to ongoing court jurisdiction in the
sending state, due to allegations or findings that the child has been
abused, neglected, or deprived as defined by the laws of the sending
state; provided, however, that the placement of such a child into a
residential facility shall only require notice of
residential placement to the receiving state prior to placement.
2.
The interstate placement of a child
adjudicated delinquent or unmanageable based on the laws of the sending
state and subject to ongoing court jurisdiction of the sending state
if:
a. The child is being placed in a
residential facility in another member state and is not covered under another compact; or
b.
The child is being placed in another
member state and the determination of safety and suitability of the
placement and services required is not provided through another compact.
3.
The interstate placement of any child by a public child-placing agency
or private child-placing agency as a preliminary step to a possible
adoption.
B. The provisions of this compact
shall 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; provided, however, that the placement is not intended to
effectuate an adoption.
2.
The interstate placement of a child
with a nonrelative in a receiving state by a parent with the legal
authority to make such a placement; provided, however, that the
placement is not intended to effectuate an adoption.
3. The interstate placement of a child
by one relative with the lawful authority to make such a placement directly with a relative in a receiving
state.
4. The placement of a child, not subject
to Article III, Section A, into a residential facility by his or her parent.
5. The placement of a child with a
noncustodial parent, provided that:
a. The noncustodial parent proves
to the satisfaction of a court in the sending state a substantial relationship with the child;
b. The court in the sending state
makes a written finding that placement with the noncustodial parent is in the best interests of the child; and
c. The court in the sending state
dismisses its jurisdiction in interstate placements in which the public child-placing agency is a party to the
proceeding.
6.
A child entering the United States
from a foreign country for the purpose of adoption or leaving the
United States to go to a foreign country for the purpose of adoption in
that country.
7.
Cases in which a child who is a
United States citizen living overseas with his or her family, at least
one of whom is in the United States Armed Services and stationed
overseas, is removed and placed in a state.
8. The sending of a child by a public
child-placing agency or a private child-placing agency for a visit as defined by the rules of the Interstate Commission.
C. For purposes of determining the
applicability of this compact to the placement of a child with a family member in the United States Armed Services,
the
public child-placing agency
or private child-placing agency may choose the state of the service
member's permanent duty station or the service member's declared legal
residence.
D.
Nothing in this compact shall be
construed to prohibit the concurrent application of the provisions of
this compact with other applicable interstate compacts, including the
Interstate Compact for Juveniles and the Interstate Compact on Adoption
and Medical Assistance. The Interstate Commission
may, in cooperation with other interstate compact commissions having
responsibility for the interstate movement, placement, or transfer of
children, promulgate similar rules to ensure the coordination of
services, timely placement of children, and reduction
of unnecessary or duplicative administrative or procedural
requirements.
ARTICLE
IV. JURISDICTION
A. Except as provided in Article IV,
Section H, and Article V, Section B, paragraphs
2. and 3., concerning private and independent adoptions, and in
interstate placements in which the public child-placing agency is not a
party to a custody proceeding, the sending state shall retain
jurisdiction over a child with respect to all matters of custody
and disposition of the child which it would have had if the child had
remained in the sending state. Such jurisdiction shall also
include the power to order the return of the child to the sending state.
B.
When an issue of child protection
or custody is brought before a court in the receiving state, such court
shall confer with the court of the sending state to determine the most
appropriate forum for adjudication.
C.
In cases that are before courts
and subject to this compact, the taking of testimony for hearings
before any judicial officer may occur in person or by telephone,
audio-video conference, or such other means as approved by the rules of
the Interstate Commission, and judicial officers may
communicate with other judicial officers and persons involved in the
interstate process as may be permitted by their Code of Judicial Conduct
and any rules promulgated by the
Interstate Commission.
D. In accordance with its own laws,
the court in the sending state shall have authority to terminate its jurisdiction if:
1.
The child is reunified with the
parent in the receiving state who is the subject of allegations or
findings of abuse or neglect, only with the concurrence of the public
child-placing agency in the receiving state;
2. The child is adopted;
3. The child reaches the age of majority
under the laws of the sending state;
4. The child achieves legal independence
pursuant to the laws of the sending state;
5.
A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state;
6. An Indian tribe has petitioned
for and received jurisdiction from the court in the sending state; or
7.
The public child-placing agency
of the sending state requests termination and has obtained the
concurrence of the public child-placing agency in the receiving state.
E. When a sending state court terminates
its jurisdiction, the receiving state child-placing agency shall be notified.
F. Nothing in this article shall defeat
a claim of jurisdiction by a receiving state
court sufficient to deal with an act of truancy, delinquency, crime, or
behavior involving a child as defined by the laws of the receiving
state committed by the child in the receiving state which would be a
violation of its laws.
G. Nothing in this article shall limit
the receiving state's ability to take emergency jurisdiction for the protection of the child.
H.
The substantive laws of the state
in which an adoption will be finalized shall solely govern all issues
relating to the adoption of the child, and the court in which the
adoption proceeding is filed shall have subject matter jurisdiction
regarding all substantive issues relating to the adoption,
except:
1. When the child is a ward of another
court that established jurisdiction over the child prior to the placement;
2.
When the child is in the legal custody of a public agency in the sending state; or
3.
When a court in the sending state
has otherwise appropriately assumed jurisdiction over the child prior
to the submission of the request for approval of placement.
I.
A final decree of adoption shall
not be entered in any jurisdiction until the placement is authorized as
an "approved placement" by the public child-placing agency in the
receiving state.
ARTICLE
V. PLACEMENT EVALUATION
A.
Prior to sending, bringing, or
causing a child to be sent or brought into a receiving state, the
public child-placing agency shall provide a written request for
assessment to the receiving state.
B.
For placements by a private child-placing agency, a child may be sent
or brought, or caused to be sent or brought, into a receiving state upon
receipt and immediate review of the required content in a request for
approval of a placement in both the sending
and receiving state public child-placing agencies. The required content
to accompany a request for approval shall include all of the following:
1.
A request for approval identifying
the child, the birth parents, the prospective adoptive parents, and the
supervising agency, signed by the person requesting approval.
2.
The appropriate consents or relinquishments
signed by the birth parents in accordance with the laws of the sending
state or, where permitted, the laws of the state where the adoption will
be finalized.
3.
Certification by a licensed attorney or authorized agent of a private
adoption agency that the consent or relinquishment is in compliance with
the applicable laws of the sending state or, where permitted, the laws
of the state where finalization of the adoption
will occur.
4. A home study.
5. An acknowledgment of legal risk
signed by the prospective adoptive parents.
C.
The sending state and the receiving
state may request additional information or documents prior to
finalization of an approved placement, but they may not delay travel by
the prospective adoptive parents with the child if the required content
for approval has been submitted, received, and reviewed
by the public child-placing agency in both the sending state and the
receiving state.
D. Approval from the public child-placing
agency in the receiving state for a provisional
or approved placement is required as provided for in the rules of the Interstate Commission.
E. The procedures for making the request
for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.
F.
Upon receipt of a request from
the public child-placing agency of the sending state, the receiving
state shall initiate an assessment of the proposed placement to
determine its safety and suitability. If the proposed placement is a
placement with a relative, the public child-placing agency
of the sending state may request a determination for a provisional
placement.
G.
The public child-placing agency
in the receiving state may request from the public child-placing agency
or the private child-placing agency in the sending state, and shall be
entitled to receive, supporting or additional information necessary to
complete the assessment or approve the placement.
H.
The public child-placing agency in the receiving state shall approve a
provisional placement and complete or arrange for the completion of the
assessment within the timeframes established by the rules of the
Interstate Commission.
I.
For a placement by a private child-placing
agency, the sending state shall not impose any additional requirements
to complete the home study that are not required by the receiving state,
unless the adoption is finalized in the sending state.
J. The Interstate Commission may develop
uniform standards for the assessment of the safety and suitability of interstate placements.
ARTICLE VI. PLACEMENT AUTHORITY
A.
Except as otherwise provided in this compact, no child subject to this
compact shall be placed in a receiving state until approval for such
placement is obtained.
B.
If the public child-placing agency
in the receiving state does not approve the proposed placement, then
the child shall not be placed. The receiving state shall provide written
documentation of any such determination in accordance with the rules
promulgated by the Interstate Commission. Such
determination is not subject to judicial review in the sending state.
C. If the proposed placement is not
approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.
1. The administrative review and any
further judicial review associated with the determination shall be conducted in the receiving state pursuant to its
applicable Administrative Procedures
Act.
2.
If a determination not to approve
the placement of the child in the receiving state is overturned upon
review, the placement shall be deemed approved; provided, however, that
all administrative or judicial remedies have been exhausted or the time
for such remedies has passed.
ARTICLE
VII. PLACING AGENCY RESPONSIBILITY
A. For the interstate placement of
a child made by a public child-placing agency or state court:
1. The public child-placing agency
in the sending state shall have financial responsibility for:
a.
The ongoing support and maintenance for the child during the period of
the placement, unless otherwise provided for in the receiving state; and
b.
As determined by the public child-placing
agency in the sending state, services for the child beyond the public
services for which the child is eligible in the receiving state.
2. The receiving state shall only
have financial responsibility for:
a. Any assessment conducted by the
receiving state; and
b.
Supervision conducted by the receiving
state at the level necessary to support the placement as agreed upon by
the public child-placing agencies of the receiving and sending states.
3.
Nothing in this section shall prohibit public child-placing agencies in
the sending state from entering into agreements with licensed agencies
or persons in the receiving state to conduct assessments and provide
supervision.
B. For the placement of a child by
a private child-placing agency preliminary to a possible adoption, the private child-placing agency shall be:
1. Legally responsible for the child
during the period of placement as provided for in the law of the sending state until the finalization of the adoption.
2. Financially responsible for the
child absent a contractual agreement to the contrary.
C. The public child-placing agency
in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.
D.
The public child-placing agency in the receiving state shall provide,
or arrange for the provision of, supervision and services for the child,
including timely reports, during the period of the placement.
E.
Nothing in this compact shall be
construed to limit the authority of the public child-placing agency in
the receiving state from contracting with a licensed agency or person in
the receiving state for an assessment or the provision of supervision
or services for the child or otherwise authorizing
the provision of supervision or services by a licensed agency during
the period of placement.
F.
Each member state shall provide
for coordination among its branches of government concerning the
state's participation in and compliance with the compact and Interstate
Commission activities through the creation of an advisory council or use
of an existing body or board.
G.
Each member state shall establish a central state compact office which
shall be responsible for state compliance with the compact and the rules
of the Interstate Commission.
H. The public child-placing agency
in the sending state shall oversee compliance with the provisions of the
Indian Child Welfare Act, 25 U.S.C. ss. 1901 et seq., for placements subject to
the provisions of this compact, prior to placement.
I.
With the consent of the Interstate
Commission, states may enter into limited agreements that facilitate
the timely assessment and provision of services and supervision of
placements under this compact.
ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT
OF CHILDREN
The member states hereby establish, by way of this compact, a commission known
as
the "Interstate Commission for
the Placement of Children." The activities of the Interstate Commission
are the formation of public policy and are a discretionary state
function. The Interstate Commission shall:
A.
Be a joint commission of the member
states and shall have the responsibilities, powers, and duties set
forth herein and such additional powers as may be conferred upon it by
subsequent concurrent action of the respective legislatures of the
member states.
B.
Consist of one commissioner from
each member state who shall be appointed by the executive head of the
state human services administration with ultimate responsibility for the
child welfare program. The appointed commissioner shall have the legal
authority to vote on policy-related matters
governed by this compact binding the state.
1. Each member state represented at
a meeting of the Interstate Commission is entitled to one vote.
2.
A majority of the member states shall constitute a quorum for the
transaction of business, unless a larger quorum is required by the
bylaws of the Interstate Commission.
3. A representative shall not delegate
a vote to another member state.
4. A representative may delegate voting
authority to another person from that state for a specified meeting.
C.
Include, in addition to the commissioners
of each member state, persons who are members of interested
organizations as defined in the bylaws or rules of the Interstate
Commission. Such members shall be ex officio and shall not be entitled
to vote on any matter before the Interstate Commission.
D.
Establish an executive committee which shall have the authority to
administer the day-to-day operations and administration of the
Interstate Commission. The executive committee shall not have the power
to engage in rulemaking.
ARTICLE
IX. POWERS AND DUTIES OF
THE INTERSTATE COMMISSION
The Interstate Commission shall have the following powers:
A. To promulgate rules and take all
necessary actions to effect the goals, purposes, and obligations as enumerated in this compact.
B. To provide for dispute resolution
among member states.
C.
To issue, upon request of a member state, advisory opinions concerning
the meaning or interpretation of the interstate compact, its bylaws,
rules, or actions.
D. To enforce compliance with this
compact or the bylaws or rules of the Interstate Commission pursuant to Article XII.
E.
Collect standardized data concerning
the interstate placement of children subject to this compact as
directed through its rules, which shall specify the data to be
collected, the means of collection and data exchange, and reporting
requirements.
F. To establish and maintain offices
as may be necessary for the transacting of its business.
G.
To purchase and maintain insurance and bonds.
H.
To hire or contract for services
of personnel or consultants as necessary to carry out its functions
under the compact and establish personnel qualification policies and
rates of compensation.
I. To establish and appoint committees
and officers, including, but not limited to, an executive committee as required by Article X.
J. To accept any and all donations
and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.
K. To lease, purchase, accept contributions
or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
L.
To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
M. To establish a budget and make
expenditures.
N. To adopt a seal and bylaws governing
the management and operation of the Interstate Commission.
O.
To report annually to the legislatures,
the governors, the judiciary, and the state advisory councils of the
member states concerning the activities of the Interstate Commission
during the preceding year. Such reports shall also include any
recommendations that may have been adopted by the Interstate
Commission.
P. To coordinate and provide education,
training, and public awareness regarding the interstate movement of children for officials involved in such
activity.
Q. To maintain books and records in
accordance with the bylaws of the Interstate Commission.
R. To perform such functions as may
be necessary or appropriate to achieve the purposes of this compact.
ARTICLE
X. ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
A. Organization.
1. Within 12 months after the first
Interstate Commission meeting, the Interstate
Commission shall adopt rules to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.
2.
The Interstate Commission's rules
shall establish conditions and procedures under which the Interstate
Commission shall make its information and official records available to
the public for inspection or copying.
B. Meetings.
1.
The Interstate Commission shall
meet at least once each calendar year. The chairperson may call
additional meetings and, upon the request of a simple majority of the
member states, shall call additional meetings.
2. Public notice shall be given by
the Interstate Commission of all meetings, and all meetings shall be open to the public.
3.
The bylaws may provide for meetings of the Interstate Commission to be
conducted by telecommunication or other electronic communication.
C. Officers and staff.
1.
The Interstate Commission may,
through its executive committee, appoint or retain a staff director for
such period, upon such terms and conditions, and for such compensation
as the Interstate Commission may deem appropriate. The staff director
shall serve as secretary to the Interstate
Commission but shall not have a vote. The staff director may hire and
supervise such other staff as may be authorized by the Interstate
Commission.
2.
The Interstate Commission shall
elect, from among its members, a chairperson and a vice chairperson of
the executive committee, and other necessary officers, each of whom
shall have such authority and duties as may be specified in the bylaws.
D.
Qualified immunity, defense, and indemnification.
1.
The Interstate Commission's staff
director and its employees shall be immune from suit and liability,
either personally or in their official capacity, for a claim for damage
to or loss of property or personal injury or other civil liability
caused or arising out of or relating to an actual
or alleged act, error, or omission that occurred or that such person
had a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities; provided,
however, that such person shall not be protected
from suit or liability for damage, loss, injury, or liability caused by
a criminal act or the intentional or willful and wanton misconduct of
such person.
a.
The liability of the Interstate
Commission's staff director and employees or Interstate Commission
representatives, acting within the scope of such person's employment or
duties, for acts, errors, or omissions occurring within such
person's
state may not exceed the
limits of liability set forth under the Constitution and laws of that
state for state officials, employees, and agents. The Interstate
Commission is considered to be an instrumentality of the states for the
purposes of any such action. Nothing in this subsection
shall be construed to protect such person from suit or liability for
damage, loss, injury, or liability caused by a criminal act or the
intentional or willful and wanton misconduct of such person.
b.
The Interstate Commission shall
defend the staff director and its employees and, subject to the
approval of the Attorney General or other appropriate legal counsel of
the member state, shall defend the commissioner of a member state in a
civil action seeking to impose liability arising out
of an actual or alleged act, error, or omission that occurred within
the scope of Interstate Commission employment, duties, or
responsibilities, or that the defendant had a reasonable basis for
believing occurred within the scope of Interstate Commission employment,
duties, or responsibilities; provided, however, that the actual or
alleged act, error, or omission did not result from intentional or
willful and wanton misconduct on the part of such person.
c.
To the extent not covered by the state involved, a member state, or the
Interstate Commission, the representatives or employees of the
Interstate Commission shall be held harmless in the amount of a
settlement or judgment, including attorney's fees and costs,
obtained against such persons arising out of an actual or alleged act,
error, or omission that occurred within the scope of Interstate
Commission employment, duties, or responsibilities, or that such persons
had a reasonable basis for believing occurred within
the scope of Interstate Commission employment, duties, or
responsibilities; provided, however, that the actual or alleged act,
error, or omission did not result from intentional or willful and wanton
misconduct on the part of such persons.
ARTICLE
XI. RULEMAKING FUNCTIONS
OF THE INTERSTATE COMMISSION
A. The Interstate Commission shall
promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B.
Rulemaking shall occur pursuant to the criteria set forth in this
article and the bylaws and rules adopted pursuant thereto. Such
rulemaking shall substantially conform to the principles of the "Model
State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative
procedure acts as the Interstate Commission deems appropriate,
consistent with due process requirements under the United States
Constitution as now or hereafter interpreted by the United States
Supreme Court. All rules and amendments shall become binding as of the
date specified, as published with the final version of the rule as
approved by the Interstate Commission.
C. When promulgating a rule, the Interstate
Commission shall, at a minimum:
1. Publish the proposed rule's entire
text stating the reasons for that proposed rule;
2.
Allow and invite any and all persons to submit written data, facts,
opinions, and arguments, which information shall be added to the record
and made publicly available; and
3. Promulgate a final rule and its
effective date, if appropriate, based on input from state or local officials or interested parties.
D.
Rules promulgated by the Interstate
Commission shall have the force and effect of administrative rules and
shall be binding in the compacting states to the extent and in the
manner provided for in this compact.
E.
Not later than 60 days after a
rule is promulgated, an interested person may file a petition in the
United States District Court for the District of Columbia or in the
Federal District Court where the Interstate Commission's principal
office is located for judicial review of such rule.
If the court finds that the Interstate Commission's action is not
supported by substantial
evidence in the rulemaking record,
the court shall hold the rule unlawful and set it aside.
F.
If a majority of the legislatures
of the member states rejects a rule, those states may by enactment of a
statute or resolution in the same manner used to adopt the compact
cause that such rule shall have no further force and effect in any
member state.
G.
The existing rules governing the
operation of the Interstate Compact on the Placement of Children
superseded by this act shall be null and void no less than 12 months but
no more than 24 months after the first meeting of the Interstate
Commission created hereunder, as determined by the members
during the first meeting.
H. Within the first 12 months of operation,
the Interstate Commission shall promulgate rules addressing the following:
1.
Transition rules.
2. Forms and procedures.
3. Timelines.
4. Data collection and reporting.
5. Rulemaking.
6. Visitation.
7. Progress reports and supervision.
8.
Sharing of information and confidentiality.
9. Financing of the Interstate Commission.
10. Mediation, arbitration, and dispute
resolution.
11. Education, training, and technical
assistance.
12. Enforcement.
13. Coordination with other interstate
compacts.
I.
Upon determination by a majority of the members of the Interstate Commission that an emergency exists:
1. The Interstate Commission may promulgate
an emergency rule only if it is required to:
a. Protect the children covered by
this compact from an imminent threat to their health, safety, and well-being;
b. Prevent loss of federal or state
funds; or
c. Meet a deadline for the promulgation
of an administrative rule required by federal law.
2. An emergency rule shall become
effective immediately upon adoption, provided that
the usual rulemaking procedures provided hereunder shall be
retroactively applied to the emergency rule as soon as reasonably
possible, but no later than 90 days after the effective date of the
emergency rule.
3. An emergency rule shall be promulgated
as provided for in the rules of the Interstate Commission.
ARTICLE XII. OVERSIGHT, DISPUTE
RESOLUTION, AND ENFORCEMENT
A. Oversight.
1. The Interstate Commission shall
oversee the administration and operation of the compact.
2.
The executive, legislative, and judicial branches of state government
in each member state shall enforce this compact and the rules of the
Interstate Commission and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent.
The compact and its rules shall be binding in the compacting states to
the extent and in the manner provided for in this compact.
3.
All courts shall take judicial
notice of the compact and the rules in any judicial or administrative
proceeding in a member state pertaining to the subject matter of this
compact.
4.
The Interstate Commission shall
be entitled to receive service of process in any action in which the
validity of a compact provision or rule is the issue for which a
judicial determination has been sought and shall have standing to
intervene in any proceedings. Failure to provide service
of process to the Interstate Commission shall render any judgment,
order, or other determination, however so captioned or classified, void
as to this compact, its bylaws, or
rules of the Interstate Commission.
B. Dispute resolution.
1.
The Interstate Commission shall
attempt, upon the request of a member state, to resolve disputes which
are subject to the compact and which may arise among member states and
between member and nonmember states.
2.
The Interstate Commission shall
promulgate a rule providing for both mediation and binding dispute
resolution for disputes among compacting states. The costs of such
mediation or dispute resolution shall be the responsibility of the
parties to the dispute.
C. Enforcement.
1.
If the Interstate Commission determines that a member state has
defaulted in the performance of its obligations or responsibilities
under this compact, its bylaws, or rules of the Interstate Commission,
the Interstate Commission may:
a. Provide remedial training and specific
technical assistance;
b.
Provide written notice to the defaulting
state and other member states of the nature of the default and the
means of curing the default. The Interstate Commission shall specify the
conditions by which the defaulting state must cure its default;
c.
By majority vote of the members,
initiate against a defaulting member state legal action in the United
States District Court for the District of Columbia or, at the discretion
of the Interstate Commission, in the federal district where the
Interstate Commission has its principal office, to
enforce compliance with the provisions of the compact, its bylaws, or
rules of the Interstate Commission. The relief sought may include both
injunctive relief and damages.
In the event judicial enforcement
is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees; or
d. Avail itself of any other remedies
available under state law or the regulation of official or professional conduct.
ARTICLE
XIII. FINANCING OF THE COMMISSION
A. The Interstate Commission shall
pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
B.
The Interstate Commission may levy
on and collect an annual assessment from each member state to cover the
cost of the operations and activities of the Interstate Commission and
its staff, which must be in a total amount sufficient to cover the
Interstate Commission's annual budget as approved
by its members each year. The aggregate annual assessment amount shall
be allocated based
upon a formula to be determined
by the Interstate Commission, which shall promulgate a rule binding upon all member states.
C.
The Interstate Commission shall
not incur obligations of any kind prior to securing the funds adequate
to meet those obligations, nor shall the Interstate Commission pledge
the credit of any of the member states, except by and with the authority
of the member state.
D.
The Interstate Commission shall
keep accurate accounts of all receipts and disbursements. The receipts
and disbursements of the Interstate Commission shall be subject to the
audit and accounting procedures established under its bylaws. However,
all receipts and disbursements of funds handled
by the Interstate Commission shall be audited yearly by a certified or
licensed public accountant, and the report of the audit shall be
included in and become part of the annual report of the Interstate
Commission.
ARTICLE
XIV. MEMBER STATES, EFFECTIVE
DATE, AND AMENDMENT
A. Any state is eligible to become
a member state.
B.
The compact shall become effective
and binding upon legislative enactment of the compact into law by no
less than 35 states. The effective date shall be the later of July 1,
2007, or upon enactment of the compact into law by the 35th state.
Thereafter, it shall become effective and binding
as to any other member state upon enactment of the compact into law by
that state. The executive heads of the state human services
administration with ultimate responsibility for the child welfare
program of nonmember states or their designees shall be invited
to participate in the activities of the Interstate Commission on a
nonvoting basis prior to adoption of the compact by all states.
C. The Interstate Commission may propose
amendments to the compact for enactment by the member states. No amendment shall become effective and
binding on the member states unless
and until it is enacted into law by unanimous consent of the member states.
ARTICLE
XV. WITHDRAWAL AND DISSOLUTION
A. Withdrawal.
1.
Once effective, the compact shall
continue in force and remain binding upon each and every member state,
provided that a member state may withdraw from the compact by
specifically repealing the statute which enacted the compact into law.
2.
Withdrawal from this compact shall
be by the enactment of a statute repealing the compact. The effective
date of withdrawal shall be the effective date of the repeal of the
statute.
3.
The withdrawing state shall immediately notify the president of the
Interstate Commission in writing upon the introduction of legislation
repealing this compact in the withdrawing state. The Interstate
Commission shall then notify the other member states of
the withdrawing state's intent to withdraw.
4. The withdrawing state is responsible
for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.
5.
Reinstatement following withdrawal
of a member state shall occur upon the withdrawing state reenacting the
compact or upon such later date as determined by the members of the
Interstate Commission.
B. Dissolution of compact.
1. This compact shall dissolve effective
upon the date of the withdrawal or default
of the member state which reduces the membership in the compact to one member state.
2.
Upon the dissolution of this compact,
the compact becomes null and void and shall be of no further force or
effect, and the business and affairs of the Interstate Commission shall
be concluded and surplus funds shall be distributed in accordance with
the bylaws.
ARTICLE
XVI. SEVERABILITY AND CONSTRUCTION
A.
The provisions of this compact
shall be severable, and, if any phrase, clause, sentence, or provision
is deemed unenforceable, the remaining provisions of the compact shall
be enforceable.
B. The provisions of this compact
shall be liberally construed to effectuate its purposes.
C.
Nothing in this compact shall be construed to prohibit the concurrent
applicability of other interstate compacts to which the states are
members.
ARTICLE
XVII. BINDING EFFECT OF COMPACT
AND OTHER LAWS
A. Other laws.
1. Nothing in this compact prevents
the enforcement of any other law of a member state that is not inconsistent with this compact.
B. Binding effect of the compact.
1.
All lawful actions of the Interstate Commission are binding upon the member states.
2. All agreements between the Interstate
Commission and the member states are binding in accordance with their terms.
3.
In the event any provision of this
compact exceeds the constitutional limits imposed on the legislature or
executive branch of any member state, such provision shall be
ineffective to the extent of the conflict with the constitutional
provision in question in that member state.
ARTICLE
XVIII. INDIAN TRIBES
Notwithstanding
any other provision in this compact, the Interstate Commission may
promulgate guidelines to permit Indian tribes to utilize the compact to
achieve
any or all of the purposes
of the compact as specified in Article I. The Interstate Commission
shall make reasonable efforts to consult with Indian tribes in
promulgating guidelines to reflect the diverse circumstances of the
various Indian tribes.
CREDIT(S)
Added by Laws
2009, c.
2009-148, § 1.
EFFECTIVE DATE
< For effective date of this section, see F.S.A. § 409.409.>
West's F. S. A. § 409.408, FL ST § 409.408
Current through Chapter 274 (End) of
the 2010 Second Regular Session of the
Twenty-First
Legislature