IC 31-28-6-1
West's Annotated Indiana Code Currentness
Title 31. Family Law and Juvenile Law (Refs & Annos)
Article 28. Child Services: Foster Care and Placement of Children
Chapter 6. Interstate Compact for the Placement of Children
31-28-6-1 Enactment and contents
Sec.
1. Subject to IC 31-28-4-1.5, the interstate compact for the placement
of children is enacted into law under this chapter and entered into with
all other jurisdictions legally joining the compact in a form
consistent with the compact terms and provisions as stated in this
section in a form substantially as follows:
The purpose of this interstate compact for the placement of children is to do the following:
(1) Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.
(2) Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.
(3) Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.
(4)
Provide for the adoption and enforcement of administrative rules
implementing the provisions of this compact and regulating the covered
activities of the member states.
(5) Provide for uniform data collection and information sharing between member states under this compact.
(6)
Promote coordination between this compact, the Interstate Compact for
Juveniles, the Interstate Compact on Adoption and Medical Assistance,
and other compacts that affect the placement of and that provide
services to children otherwise subject to this compact.
(7)
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.
(8) 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.
The following definitions apply throughout this compact:
(1)
"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.
(2)
"Assessment" means an evaluation of a prospective placement by a public
child placing agency in the receiving state to determine whether the
placement meets the individualized needs of the child, including the
child's safety and stability, health and well-being, and mental,
emotional, and physical development. An assessment is applicable only to
a placement by a public child placing agency.
(5)
"Default" means the failure of a member state to perform the
obligations or responsibilities imposed upon it by this compact or by
the bylaws or rules of the interstate commission.
(6)
"Home study" means an evaluation of a home environment that is
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.
(7)
"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.
1602(c).
(8)
"Interstate commission for the placement of children" means the
commission that is created under Article VIII of this compact and that
is generally referred to as "the interstate commission".
(10)
"Legal risk adoption" means a placement made preliminary to an adoption
in which 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.
(13)
"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.
(15)
"Notice of residential placement" means information regarding a
placement into a residential facility that is provided to the receiving
state, including, but not limited to, the name of the child, the 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. The
term also includes information regarding a discharge and any
unauthorized absence from the facility.
(16)
"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.
(17)
"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 (1) state to another and that is not an
instrumentality of the state or acting under color of state law.
(18)
"Provisional placement" means a determination made by the public child
placing agency in the receiving state that the receiving state has
determined 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 not to 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.
(19)
"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 agency or entity acts on
behalf of a state, county, municipality, or other governmental unit,
that facilitates, causes, or is involved in the placement of a child
from one (1) state to another.
(20) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.
(21)
"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 they may be regarded as relatives as determined
by the court in the sending state.
(22)
"Residential facility" means a facility providing a level of care that
is sufficient to substitute for parental responsibility or foster care
and is beyond what is needed for assessment or treatment of an acute
condition. For purposes of the compact, residential facilities do not
include institutions that are primarily educational in character,
hospitals, or other medical facilities.
(23)
"Rule" means a written directive, mandate, standard, or principle that
is issued by the interstate commission and promulgated under 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.
(25) "Service member's permanent duty station" means the military installation where
an active duty armed services member is currently assigned and is
physically located under competent orders that do not specify the duty
as temporary.
(26)
"Service member's state of legal residence" means the state in which
the active duty armed services member is considered a resident for tax
and voting purposes.
(27)
"State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands, or any other territory of the
United States.
(28)
"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 less than
eighteen (18) years of age.
(29)
"Supervision" means monitoring provided by the receiving state once a
child has been placed in a receiving state under this compact.
(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. However, the placement of such a child into a
residential facility requires only notice of residential placement to
the receiving state before 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 defined in this compact as a
preliminary step to a possible adoption.
(1)
The interstate placement of a child in a custody proceeding in which a
public child placing agency is not a party, if 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.
However, the placement is not intended to effectuate an adoption.
(3)
The interstate placement of a child by one (1) 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 subsection (a) into a residential facility by the child's parent.
(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
(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 United States citizen child living overseas with the
child's family, at least one (1) member of which is in the United States
armed services and is 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 having a 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)
This compact shall not 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 like
rules to ensure the coordination of services, the timely placement of
children, and the reduction of unnecessary or duplicative administrative
or procedural requirements.
(a)
Except as provided in subsection (g) and ARTICLE V, subsection (b)(2)
and (b)(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 retains 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. Jurisdiction also includes 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, the court shall confer with the court of the sending
state to determine the most appropriate forum for adjudication.
(c) In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:
(1)
the parent with whom the child is reunified in the receiving state is
the subject of allegations or findings of abuse or neglect, but only
with the concurrence of the public child placing agency in the receiving
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.
(d) When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.
(e)
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 that involves a child as defined by the
laws of the receiving state, that is committed by the child in the
receiving state, and that would be a violation of the laws of the
receiving state.
(f) This article does not limit the receiving state's ability to take emergency jurisdiction for the protection of the child.
(g)
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 has
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;
(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.
(h)
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.
(a)
Before 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 by both the sending state's and the receiving
state's public child placing agency. The required content to accompany a
request for provisional approval shall include all of the following:
(1)
A request for approval identifying the child, the birth parent(s), the
prospective adoptive parent(s), 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.
(c)
The sending state and the receiving state may request additional
information or documents before 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 and
has been 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 and 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 welfare 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 of
whether the placement qualifies as a provisional placement.
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(k)
The interstate commission may develop uniform standards for the
assessment of the safety and suitability of interstate placements.
(a)
Except as otherwise provided in this compact, no child subject to this
compact shall be placed into 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, 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 a 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.
(d)
The administrative review and any further judicial review associated
with the determination shall be conducted in the receiving state under
its applicable administrative procedures.
(e)
If a determination not to approve the placement of the child in the
receiving state is overturned upon review, the placement shall be
considered approved. However, all administrative or judicial remedies
must be exhausted or the time for such remedies must have passed.
(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;
(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; and
(3)
nothing in this compact prohibits 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; and
(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)
This compact does not limit the authority of the public child placing
agency in the receiving state to contract 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 authorize 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. 1901 et seq.) for placements subject to the provisions of this compact, before 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.
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:
(1)
is 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;
(2)
consists of one (1) 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, and who shall have the legal authority to vote on policy
related matters governed by this compact binding the state;
(A) a requirement that each member state represented at a meeting of the interstate commission is entitled to one (1) vote;
(B)
a requirement that 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;
(D)
a requirement that a representative may delegate voting authority to
another person from the same member state for a specified meeting; and
(E)
a requirement that the interstate commission shall 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 and who shall be ex officio and shall not be
entitled to vote on any matter before the interstate commission; and
(4)
shall establish an executive committee, which shall have the authority
to administer the day to day operations and administration of the
interstate commission but does not have the power to engage in
rulemaking.
The interstate commission has powers to do the following:
(1)
Promulgate rules and take all necessary actions to effect the goals,
purposes, and obligations as enumerated in this compact.
(3)
Issue, upon request of a member state, advisory opinions concerning the
meaning or interpretation of the interstate compact or the interstate
commission's bylaws, rules, or actions.
(4) Enforce compliance with this compact or the bylaws or rules of the interstate commission under Article XII.
(5)
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.
(8)
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.
(9)
Establish and appoint committees and officers, including, but not
limited to, an executive committee as required by Article X.
(10)
Accept any and all donations and grants of money, equipment, supplies,
materials, and services, and receive, use, and dispose of the donations
and grants.
(11)
Lease, purchase, accept contributions or donations of, or otherwise
own, hold, improve, or use any property, whether real, personal, or
mixed.
(12)
Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
dispose of any property, whether real, personal, or mixed.
(15)
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.
(16)
Coordinate and provide education, training, and public awareness
regarding the interstate movement of children for officials involved in
such activity.
(18) Perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(1)
Within twelve (12) months after the first interstate commission
meeting, the interstate commission shall adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of
this compact.
(2)
The interstate commission's bylaws and 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. The interstate commission may exempt from disclosure
information or official records to the extent they would adversely
affect personal privacy rights or proprietary interests.
(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, except as set
forth in the rules or as otherwise provided in the compact. The
interstate commission and its committees may close a meeting, or part of
a meeting, where it determines by two-thirds ( 2/
(C) disclose financial or commercial information that is privileged, proprietary, or confidential in nature;
(E)
disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy or
physically endanger one (1) or more persons;
(G) specifically relate to the interstate commission's participation in a civil action or other legal proceeding.
(3)
For a meeting, or part of a meeting, closed under this provision, the
interstate commission's legal counsel or designee shall certify that the
meeting may be closed and shall reference each relevant exemption
provision. The
interstate commission shall keep minutes that shall fully and clearly
describe all matters discussed in the meeting and shall provide a full
and accurate summary of actions taken and the reasons for the actions,
including a description of the views expressed and the record of a roll
call vote. All documents considered in connection with an action shall
be identified in the minutes. All minutes and documents of a closed
meeting shall remain under seal, subject to release by a majority vote
of the interstate commission or by court order.
(4)
The bylaws may provide for meetings of the interstate commission to be
conducted by telecommunication or other electronic communication.
(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
consider 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.
(1)
The interstate commission's staff director and the employees of the
commission are immune from suit and liability, either personally or in
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 any actual or alleged act, error, or omission that occurred,
or that the staff director or employee had a reasonable basis for
believing occurred, within the scope of commission employment, duties,
or responsibilities. The staff director or an employee is not protected
from suit or liability for damage, loss, injury, or liability caused by a
criminal act or intentional or willful and wanton misconduct.
(2)
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.
(3)
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, if the actual or alleged act,
error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
(4)
To the extent not covered by the state involved, 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, if the actual or alleged act, error, or omission did
not result from intentional or willful and wanton misconduct on the part
of such persons.
(a)
The interstate commission shall promulgate and publish rules in order
effectively and efficiently to achieve the purposes of the compact.
(b)
Rulemaking shall occur under 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 considers appropriate and 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.
(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 be 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 sixty (60) days after a rule is promulgated, an
interested person may file a petition in the U.S. District Court for the
District of Columbia or in the federal district court of the district
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)
A majority of the legislatures of the member states may reject a rule
by enacting, in the same manner used to adopt the compact, a statute or
resolution that provides that the 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 that are superseded by this act shall be null
and void not less than twelve (12), but not more than twenty-four (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 twelve (12) months of operation, the interstate commission shall promulgate rules addressing the following:
(i)
Upon determination by a majority of the members of the interstate
commission that an emergency exists, the interstate commission may
promulgate an emergency rule, subject to the following:
(1) The interstate commission may promulgate an emergency rule only if the emergency rule is required to:
(A) protect the children covered by this compact from an imminent threat to their health, safety, and well-being;
(2)
An emergency rule shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall
be retroactively applied to the rule as soon as reasonably possible, but
not later than ninety (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.
(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 the interstate commission, this compact, or the bylaws or rules of the interstate commission.
(1)
The interstate commission shall attempt, upon the request of a member
state, to resolve disputes that are subject to the compact and that 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.
(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, the interstate commission may:
(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 or with
the interstate commission's bylaws or rules. The relief sought may
include both injunctive relief and damages. If 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
rules relating to the regulation of official or professional conduct.
(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
before securing the funds adequate to meet the obligations. The
interstate commission shall not 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.
(b)
The compact shall become effective and binding upon legislative
enactment of the compact into law by thirty-five (35) states. The
effective date shall be the later of July 1, 2007, or upon enactment of
the compact into law by the thirty-fifth state. Thereafter, the compact
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 before 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.
(1)
Once effective, this compact continues in force and remains binding
upon each and every member state. However, a member state may withdraw
from the compact by specifically repealing the statute that enacted the
compact into law.
(2)
Withdrawal from this compact shall be by the enactment of a statute
repealing the statute establishing the compact. The effective date of
withdrawal is 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.
(1)
This compact shall dissolve effective upon the date of the withdrawal
or default of the member state that reduces the membership in the
compact to one (1) member state.
(2)
Upon the dissolution of this compact, the compact becomes void and is
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.
(a)
The provisions of this compact shall be severable, and if any phrase,
clause, sentence, or provision is considered unenforceable, the
remaining provisions of the compact shall be enforceable.
(c)
Nothing in this compact shall be construed to prohibit the concurrent
applicability of other interstate compacts to which the states are
members.
(1) This compact does not prevent the enforcement of any other law of a member state that is not inconsistent with this compact.
(2) All member states' laws conflicting with this compact or its rules are superseded to the extent of the conflict.
(1)
All lawful actions of the interstate commission, including all rules
and bylaws promulgated by 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)
If any provision of this compact exceeds the constitutional limits
imposed on the legislature of any member state, the provision is
ineffective to the extent of the conflict with the constitutional
provision in question in that member state.
Notwithstanding
any other provision in this compact, the interstate commission may
promulgate guidelines to permit Indian tribes to use 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)
2008 Main Volume
2008 Legislation
P.L.143-2008, Sec.16, eff. July 1, 2008, provides:
"(a)
Cases involving the placement of children under the interstate compact
on the placement of children set forth in IC 31-28-4 that are pending
when the interstate compact for the placement of children set forth in
IC 31-28-6-1, as added by this act, goes into effect under IC
31-28-4-1.5, as added by this act, are governed by the interstate
compact on the placement of children set forth in IC 31-28-4.
"(b) This section expires December 31, 2013."
I.C. 31-28-6-1, IN ST 31-28-6-1