New Jersey § 9:23-5

§ 9:23-5.

The Interstate Compact on the Placement of Children is enacted into law and entered

into with all other jurisdictions legally joining therein in the form substantially

as follows: 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 hereby 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. d. Appropriate jurisdictional arrangements for the care of children will be promoted. Article II. Definitions 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. (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 subsection a. of paragraph 1. of this article may request of the sending

agency, or any other appropriate office 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 law 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. 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 subsection a. of paragraph

1. 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,

prior to his being sent to such other party jurisdiction for institutional care and

the court finds that: a. Equivalent facilities for the child are not available in the sending agency's jurisdiction;

and b. 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 his jurisdiction

and who, acting jointly with like officers of other party jurisdiction, shall have

power to promulgate rules and regulations to carry out more effectively the terms

and provisions of this compact. Article VIII. Limitations This compact shall not apply to: a. The sending or bringing of a child into a receiving state by his parent, step-parent,

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. 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 other 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. 1

So in original.