260.851 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN.
The Interstate Compact on the Placement of Children is hereby enacted into law and entered
into with all other jurisdictions legally joining therein in form substantially as follows:
PURPOSE AND POLICY
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 on which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements for the care of children will be promoted.
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 persons having epilepsy or any institution primarily educational
in character, and any hospital or other medical facility.
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.
(2) The identity and address or addresses of the parents or legal guardian.
(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.
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 violation 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.
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.
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, prior to his being 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.
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 his jurisdiction and who, acting
jointly with like officers of other party jurisdictions, shall have power to promulgate rules and
regulations to carry out more effectively the terms and provisions of this compact.
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state by his parent, stepparent,
grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with
any such relative or nonagency 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.
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.
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.
History: 1999 c 139 art 1 s 18