§4251. Purpose – Article 1 The purpose of this Interstate Compact for the Placement of Children is to: [PL 2007, c. 255, §6 (NEW).] 1. Process. Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner; [PL 2007, c. 255, §6 (NEW).] […]
§4252. Definitions – Article 2 As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 255, §6 (NEW).] 1. Approved placement. “Approved placement” means the receiving state has determined after an assessment that the placement is both safe and suitable for the child and […]
§4253. Applicability – Article 3 1. Applicability. Except as otherwise provided in subsection 2, this chapter applies to: A. 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 […]
§4254. Jurisdiction – Article 4 1. Retain jurisdiction. The sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child that it would have had if the child had remained in the sending state. Such jurisdiction also includes the power to order the return of the […]
§4255. Assessments – Article 5 1. Request for assessment. 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. [PL 2007, c. 255, §6 (NEW).] 2. Sent; brought into receiving state. […]
§4256. Placement authority – Article 6 1. Approval for placement. Except as provided in subsection 3, a child subject to this chapter may not be placed into a receiving state until approval for such placement is obtained. [PL 2007, c. 255, §6 (NEW).] 2. Written documentation. If the public child placing agency in the […]
§4257. State responsibility – Article 7 1. Financial responsibility. For the interstate placement of a child made by a public child placing agency or state court: A. The public child placing agency in the sending state has financial responsibility for: (1) The ongoing support and maintenance for the child during the period of […]
§4258. Interstate Commission for the Placement of Children – Article 8 The Interstate Commission for the Placement of Children is established. The activity of the interstate commission is the formation of public policy, which is a discretionary state function. The interstate commission: [PL 2007, c. 255, §6 (NEW).] 1. Joint commission. Is a joint […]
§4259. Powers and duties of interstate commission – Article 9 The interstate commission has the following powers: [PL 2007, c. 255, §6 (NEW).] 1. Rules. To adopt rules and take all necessary actions to effect the goals, purposes and obligations as enumerated in this compact; [PL 2007, c. 255, §6 (NEW).] 2. Dispute […]
§4260. Organization and operation of the interstate commission – Article 10 1. Bylaws. The interstate commission shall adopt bylaws. A. 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. […]
§4261. Rule-making functions of the interstate commission – Article 11 1. Rules. The interstate commission shall adopt and publish rules in order to effectively and efficiently achieve the purposes of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. [PL 2007, c. […]
§4262. Oversight; dispute resolution; enforcement – Article 12 1. Oversight. The interstate commission shall oversee the administration and operation of the compact. A. 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 […]
§4263. Financing of the interstate commission – Article 13 1. Expenses. The interstate commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2007, c. 255, §6 (NEW).] 2. Annual assessment. The interstate commission may levy on and collect an annual assessment from each […]
§4264. Member states; effective date and amendment – Article 14 1. Member. Any state is eligible to become a member state. [PL 2007, c. 255, §6 (NEW).] 2. Effective. The compact becomes effective and binding upon legislative enactment of the compact into law by no fewer than 35 states. The effective date is the […]
§4265. Withdrawal and dissolution – Article 15 1. Withdrawal. Once effective, the compact continues in force and remains binding upon each member state, except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. The effective date of withdrawal is the effective date of the […]
§4266. Severability and construction – Article 16 1. Enforceable. The provisions of this chapter are severable, and if any phrase, clause, sentence or provision is determined unenforceable, the remaining provisions of the compact are enforceable. [PL 2007, c. 255, §6 (NEW).] 2. Provisions liberally construed. The provisions of this chapter may be liberally construed […]
§4267. Binding effect of compact and other laws – Article 17 1. Other laws. Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact. All member states’ laws conflicting with this compact or its rules are superseded to the extent of the conflict. […]
§4268. Indian tribes – Article 18 Notwithstanding any other provision in this compact, the interstate commission may adopt guidelines to permit Indian tribes to utilize the compact to achieve any of the purposes of the compact as specified in section 4251. The interstate commission shall make reasonable efforts to consult with Indian tribes in adopting […]
§4269. Administrative provisions – Article 19 For purposes of the State’s administration of this compact: [PL 2007, c. 255, §6 (NEW).] 1. Agency. This State’s “government child welfare agency or child protection agency,” “public child placing agency” and “central state compact office” is the Department of Health and Human Services, Office of Child and […]
