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AK ST § 47.70.010
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AS § 47.70.010
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West's Alaska Statutes Annotated Currentness
Title 47. Welfare, Social Services and Institutions
Chapter 70. Interstate Compact on the Placement of Children
§
47.70.010. Compact enacted
section effective until occurrence of condition.>
The
Interstate Compact for the Placement of Children as contained in this
section is enacted into law and entered into on behalf of the state with
all other states
legally joining in it in a 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.
(E)
"Default" means the failure of a member state to perform the
obligations or responsibilities imposed upon it by this compact, 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 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 at 43 USC 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.
(J)
"Legal risk" means that a child can be ordered to be 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 may not be entered in any jurisdiction until all
consents are obtained or are dispensed with in accordance with
applicable law.
(L)
"Non-custodial 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.
(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 they act on behalf of a state, county,
municipality or other 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,
step-parent, sibling by half or whole blood or by adoption, grandparent,
aunt, uncle, or first cousin or a non-relative with such significant
ties to the
child that they may be regarded
as relatives 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 is beyond what is needed for assessment or treatment of an acute
condition. For purposes of the compact, residential
facilities do 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. "Rule" has the force and effect of an administrative
regulation in a member state, and includes the amendment, repeal, or
suspension of an existing rule.
(X)
"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.
(Y)
"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.
(Z)
"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 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 eighteen (18).
(BB)
"Supervision" means monitoring provided by the receiving state once a
child has been placed in a receiving state pursuant to this compact.
(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 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, provided that the placement is not intended to
effectuate an adoption.
(2)
The interstate placement
of a child with a non-relative 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 parent.
(a) The non-custodial parent
proves to the satisfaction of a court in the sending state a substantial relationship with the child; and
(b) The court in the sending
state makes a written finding that placement with the non-custodial 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 U.S. Citizen
child living overseas with his family, at least one of whom is in the
U.S. Armed Services, and who 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 in the 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 like rules to ensure the coordination of services,
timely placement of children, and the reduction of
unnecessary or duplicative administrative or procedural requirements.
(A)
Except as provided in Article IV, Section (G) and in Article V, Section
(B)(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 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; or
(5) A guardianship is created
by a court in the receiving state with the concurrence
of the court in the sending state; or
(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 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.
(F) Nothing in this article shall 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 a 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 when:
(1)
the child is a ward of another court that established jurisdiction over the child prior to the placement;
(3)
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 may 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)
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
agency. The required content
to accompany a request for provisional approval must 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 relinquishment is signed by the birth
parents in accordance with the laws of the sending state or, when
permitted, with 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 when permitted, the laws of the state where
finalization of the adoption will occur;
(4) a home study; and
(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 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-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.
(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.
(A)
Except as 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 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.
(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.
(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 state.
(3)
Nothing in this provision 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)
A private child-placing agency shall
be responsible for any assessment conducted in the receiving state and
any supervision conducted by the receiving state at the level required
by the laws of the receiving state or the rules of the Interstate
Commission.
(D) The public child-placing agency in
the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.
(E) 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.
(F)
Nothing in this compact shall be construed
as 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.
(G)
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.
(H)
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.
(I) The public child-placing agency in
the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act
(25 USC 1901 et seq.) for placements subject to the provisions of this compact, prior to placement.
(J) 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 their state for a specified meeting.
(C)
In addition to the commissioners of
each member state, the Interstate Commission shall include 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. It 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.
(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.
(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.
(O)
To report annually to the legislatures,
governors, the judiciary, and 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.
(R)
To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(A) Bylaws
(1)
Within 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 the 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 portion thereof, where it determines
by two-thirds vote that an open meeting would be likely
to:
(c) disclose financial or commercial
information which is privileged, proprietary or confidential in nature; or
(e)
disclose information of
a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy or physically endanger one or
more persons; or
(g) specifically relate to the
Interstate Commission's participation in a civil action or other legal proceeding.
(3)
For a meeting, or portion of a meeting, closed pursuant to 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 which shall fully and
clearly
describe
all matters discussed
in a meeting and shall provide a full and accurate summary of actions
taken, and the reasons therefore, 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 such 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 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.
(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
Commission employment, duties, or responsibilities; provided,
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 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, 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 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.
(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 U. S. 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.
(1) Publish the proposed rule's entire text stating the reason(s) for that proposed rule; and
(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
regulations and shall be binding in the compacting states to the extent
of 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 U.S.
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, 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:
(I) Upon determination by a majority of
the members of the Interstate Commission that an emergency exists:
(a) Protect the children covered
by this compact from an imminent threat to their health, safety and well-being; or
(2)
An emergency rule shall
become effective immediately upon adoption, provided that the usual
rulemaking procedures provided hereunder shall be retroactively applied
to said 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.
(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 of 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, its
bylaws or rules of the Interstate Commission.
(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 non-member 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; or
(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. 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.
(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 the same; 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.
(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. 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 non-member states or their designees shall be
invited to participate in the activities of the Interstate Commission on
a non-voting 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.
(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
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 same. 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.
(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.
(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.
(C) Nothing in this compact shall be construed
to prohibit the concurrent applicability of other interstate compacts to which the states are members.
(A) Other Laws
(1) Nothing herein prevents 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)
In the event any provision of this compact exceeds the constitutional
limits imposed on the legislature 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)
SLA 2008, ch. 93, repealed and reenacted the section, which had read:
"The
Interstate Compact on the Placement of Children as contained in this
section is enacted into law and entered into on behalf of the state with
any and all other
states legally joining in it in a form substantially as follows:
"INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
"It
is the purpose and policy of the party states to cooperate with each
other in the interstate placement of children to the end that:
"(a)
Each child requiring placement shall receive the maximum opportunity to
be placed in a suitable environment and with persons or institutions
having appropriate
qualifications and facilities to provide a necessary and desirable
degree and type of care.
"(b)
The appropriate authorities in a state where a child is to be placed
may have full opportunity to ascertain the circumstances of the proposed
placement, thereby
promoting full compliance with applicable requirements for the
protection of the child.
"(c)
The proper authorities of the state from which the placement is made
may obtain the most complete information on the basis of which to
evaluate a projected placement
before it is made.
"ARTICLE II. DEFINITIONS
"As used in this compact:
"(a) 'Child' means a person who, by reason of minority, is legally subject to parental, guardianship or similar control.
"(b)
'Sending agency' means a party state, officer or employee thereof;
a subdivision of a party state, or officer or employee thereof;
a court of a party state;
a person, corporation, association, charitable agency or other
entity which sends, brings, or causes to be sent or brought any child to
another party state.
"(c)
'Receiving state' means the state to which a child is sent, brought, or
caused to be sent or brought, whether by public authorities or private
persons or agencies,
and whether for placement with state or local public authorities or for
placement with private agencies or persons.
"(d) 'Placement' means the arrangement for the care of a child in a family free
or
boarding home or in a child-caring
agency or institution but does not include any institution caring for
the mentally ill, mentally defective or epileptic or any institution
primarily educational in character, and any hospital or other medical
facility.
"ARTICLE III. CONDITIONS FOR PLACEMENT
"(a)
No sending agency shall send, bring, or cause to be sent or brought
into any other party state any child for placement in foster care or as a
preliminary to a
possible adoption unless the sending agency shall comply with each and
every requirement set forth in this article and with the applicable laws
of the receiving state governing the placement of children therein.
"(b)
Prior to sending, bringing or causing any child to be sent or brought
into a receiving state for placement in foster care or as a preliminary
to a possible adoption,
the sending agency shall furnish the appropriate public authorities in
the receiving state written notice of the intention to send, bring, or
place the child in the receiving state. The notice shall contain:
"(1) The name, date and place of birth of the child.
"(3)
The name and address of the person, agency or institution to or with
which the sending agency proposes to send, bring, or place the child.
"(4)
A full statement of the reasons for such proposed action and evidence
of the authority pursuant to which the placement is proposed to be made.
"(c)
Any public officer or agency in a receiving state which is in receipt
of a notice pursuant to paragraph (b) of this article may request of the
sending agency,
or any other appropriate officer or agency of or in the sending
agency's state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary under the
circumstances to carry out the purpose and policy of this
compact.
"(d)
The child shall not be sent, brought, or caused to be sent or brought
into the receiving state until the appropriate public authorities in the
receiving state
shall notify the sending agency, in writing, to the effect that the
proposed placement does not appear to be contrary to the interests of
the child.
"ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
"The sending, bringing, or causing to be sent or brought into any receiving
state
of a child in violation
of the terms of this compact shall constitute a violation of the laws
respecting the placement of children of both the state in which the
sending agency is located or from which it sends or brings the child and
of the receiving state. Such violations may
be punished or subjected to penalty in either jurisdiction in
accordance with its laws. In addition to liability for any such
punishment or penalty, any such violation shall constitute full and
sufficient grounds for the suspension or revocation of any license,
permit, or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children.
"ARTICLE V. RETENTION OF JURISDICTION
"(a)
The sending agency shall retain jurisdiction over the child sufficient
to determine all matters in relation to the custody, supervision, care,
treatment and disposition
of the child which it would have had if the child had remained in the
sending agency's state, until the child is adopted, reaches majority,
becomes self-supporting or is discharged with the concurrence of the
appropriate authority in the receiving state. Such
jurisdiction shall also include the power to effect or cause the return
of the child or its transfer to another location and custody pursuant
to law. The sending agency shall continue to have financial
responsibility for support and maintenance of the
child
during the period of
the placement. Nothing contained herein shall defeat a
claim of jurisdiction by a receiving state sufficient to deal with an
act of delinquency or crime committed therein.
"(b)
When the sending agency is a public agency, it may enter into an
agreement with an authorized public or private agency in the receiving
state providing for the
performance of one or more services in respect of such case by the
latter as agent for the sending agency.
"(c)
Nothing in this compact shall be construed to prevent a private
charitable agency authorized to place children in the receiving state
from performing services
or acting as agent in that state for a private charitable agency of the
sending state; nor to prevent the agency in the receiving state
from discharging financial responsibility for the support and
maintenance of a child who has been placed on behalf of the
sending agency without relieving the responsibility set forth in
paragraph (a) hereof.
"ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
"A
child adjudicated delinquent may be placed in an institution in another
party jurisdiction pursuant to this compact but no such placement shall
be made
unless
the child is given
a court hearing on notice to the parent or guardian with opportunity to
be heard, before the child is sent to such other party jurisdiction for
institutional care and the court finds that:
"(1) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
"(2) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
"ARTICLE VII. COMPACT ADMINISTRATOR
"The
executive head of each jurisdiction party to this compact shall
designate an officer who shall be general coordinator of activities
under this compact in the officer's
jurisdiction and who, acting jointly with like officers of other party
jurisdictions, shall have power to adopt regulations to carry out more
effectively the terms and provisions of this compact.
"ARTICLE VIII. LIMITATIONS
"This compact does not apply to
"(a)
The sending or bringing of a
child into a receiving state by the child's parent, step-parent,
grandparent, adult brother or sister, adult uncle or aunt, or guardian
and leaving the child with any such relative or non-agency guardian in
the receiving state.
"(b)
Any placement, sending or bringing of a child into a receiving state
pursuant to any other interstate compact to which both the state from
which the child is sent
or brought and the receiving state are party, or to any other agreement
between said states which has the force of law.
"ARTICLE IX. ENACTMENT AND WITHDRAWAL
"This
compact shall be open to joinder by any state, territory or possession
of the United States, the District of Columbia, the Commonwealth of
Puerto Rico, and, with
the consent of Congress, the Government of Canada or any province
thereof. It shall become effective with respect to any such
jurisdiction when such jurisdiction has enacted the same into
law. Withdrawal from this compact shall be by the enactment
of a
statute repealing the same, but shall not take effect until two years
after the effective date of such statute and until written notice of the
withdrawal has been given by the withdrawing state to the governor of
each other party jurisdiction. Withdrawal
of a party state shall not
affect the rights, duties and obligations under this compact of any
sending agency therein with respect to a placement made prior to the
effective date of withdrawal.
"ARTICLE X. CONSTRUCTION AND SEVERABILITY
"The
provisions of this compact shall be liberally construed to effectuate
the purposes thereof. The provisions of this compact shall be
severable and if any phrase,
clause, sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the United States
or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder
of this compact and the applicability thereof to any government,
agency, person or circumstance shall not be affected thereby. If
this compact shall be held contrary to the constitution of any state
party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to
the state affected as to all severable matters."
SLA 2008, ch. 93, § 9, conditionally effective, provides:
"INDIRECT COURT RULE AMENDMENTS. (a) Article XII(A)(4), contained in AS
47.70.010,
as repealed and
reenacted by sec. 2 of this Act, has the effect of amending Rule 4,
Alaska Rules of Civil Procedure, by entitling the Interstate Commission
for the Placement of Children to receive service of process of a
judicial proceeding in this state that pertains to
the Interstate Compact for the Placement of Children and in which the
validity of a compact provision or rule is an issue for which a judicial
determination has been sought.
"(b)
Article XII(A)(4), contained in AS 47.70.010, as repealed and reenacted
by sec. 2 of this Act, has the effect of amending Rule 24(b), Alaska
Rules of Civil Procedure,
by entitling the Interstate Commission for the Placement of Children to
have standing to intervene in a judicial proceeding in this state that
pertains to the Interstate Compact for the Placement of Children and in
which the validity of a compact provision
or rule is an issue for which a judicial determination has been
sought."
SLA 2008, ch. 93, § 10, conditionally effective, provides:
"CONDITIONAL
EFFECT OF CERTAIN PROVISIONS. (a) Article XII(A)(4), contained in
AS 47.70.010, as repealed and reenacted by sec. 2 of this Act, takes
effect only if
sec. 9(a) of this Act receives the two-thirds majority vote of each
house required by art. IV, sec. 15, Constitution of the State of Alaska.
"(b)
Article XII(A)(4), contained in AS 47.70.010, as repealed and reenacted
by sec. 2 of this Act, takes effect only if sec. 9(b) of this Act
receives the two-thirds
majority vote of each house required by art. IV, sec. 15,
Constitution of the State of Alaska."
SLA 2008, ch. 93, § 11, provides:
"CONDITIONAL
EFFECT OF ACT; COMMISSIONER'S DUTY TO NOTIFY. (a) Sections
1--10 of this Act take effect only if at least 34 other states have
ratified the Interstate
Compact for the Placement of Children.
"(b)
The commissioner of health and social services or the commissioner's
designee shall notify the lieutenant governor and the revisor of
statutes when at least 34
other states have ratified the Interstate Compact for the Placement of
Children."
SLA 2008, ch. 93, § 12, provides:
"*
Sec. 12. If secs. 1--10 of this
Act take effect under sec. 11 of this Act, they take effect the day
after the date on which the commissioner of health and social services
or the commissioner's designee notifies the revisor of statutes that at
least 34 other states have ratified the Interstate
Compact for the Placement of Children or July 1, 2008, whichever is
later."
AS § 47.70.010, AK ST § 47.70.010
Second
Regular Session the 26th
Legislature.(2010)