Ohio § 5103.20

§ 5103.20.

The interstate compact for the placement of children is hereby enacted into law and

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

as follows: ARTICLE I. PURPOSE The purpose of this compact 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 Compacts 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 after

an assessment 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. (C) “ Child ” means an individual who has not attained the age of eighteen (18). (D) “ Certification ” means to attest, declare, or swear to before a judge or notary public. (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 section 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. (I) “ Jurisdiction ” means the power and authority of a court to hear and decide matters. (J) “ Legal risk placement ” (“ legal risk adoption ”) means a placement made preliminary to an adoption where 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. (K) “ Member state ” means a state that has enacted this compact. (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. (M) “ Non-member state ” means a state which has not enacted this compact. (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 rule in a member state, and

includes the amendment, repeal, or suspension of an existing rule. (W) “ Sending state ” means the state from which the placement of a child is initiated. (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. ARTICLE III. APPLICABILITY (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. (B) The provisions of this compact shall not apply to: (1) The interstate placement of a child in a custody proceeding in which a public child

placing agency is not a party, provided, 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. (5) The placement of a child with a non-custodial parent provided that: (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 (c) The court in the sending state dismisses its jurisdiction in interstate placements

in which the public child placing agency is a party to the proceeding. (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. ARTICLE IV. JURISDICTION (A) Except as provided in Article IV, Section H and Article V, Section B, paragraph two

and three 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 cases that are before courts and subject to this compact, the taking of testimony

for hearings before any judicial officer may occur in person or by telephone, audio-video

conference, or such other means as approved by the rules of the Interstate Commission;

 and judicial officers may communicate with other judicial officers and persons involved

in the interstate process as may be permitted by their Canons of Judicial Conduct

and any rules promulgated by the Interstate Commission. (D) 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 (2) The child is adopted;  or (3) The child reaches the age of majority under the laws of the sending state;  or (4) The child achieves legal independence pursuant to the laws of the sending 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. (E) When a sending state court terminates its jurisdiction, the receiving state child

placing agency shall be notified. (F) 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. (G) Nothing in this article shall limit the receiving state's ability to take emergency

jurisdiction for the protection of the child. (H) 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 shall have 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;  or (2) When the child is in the legal custody of a public agency in the sending state;  or (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. (I) 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. ARTICLE V. ASSESSMENTS (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 approval shall include all of the

following: (1) A request for approval identifying the child, birth parent(s), the prospective adoptive

parent(s), and the supervising agency, signed by the person requesting approval;  and (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;  and (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;  and (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 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. ARTICLE VI. PLACEMENT AUTHORITY (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 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 Act. (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) 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) 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. (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 USC 1901 et seq. ) for placements subject to the provisions of this compact, prior to 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 supervisions 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 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. 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. (B) To provide for dispute resolution among member states. (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. (F) To establish and maintain offices as may be necessary for the transacting of its

business. (G) To purchase and maintain insurance and bonds. (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. (M) To establish a budget and make expenditures. (N) To adopt a seal and bylaws governing the management and operation of the Interstate

Commission. (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. (Q) To maintain books and records in accordance with the bylaws of the Interstate Commission. (R) To perform such functions as may be necessary or appropriate to achieve the purposes

of this compact. ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION (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. (B) Meetings: (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: (a) Relate solely to the Interstate Commission's internal personnel practices and procedures;

 or (b) Disclose matters specifically exempted from disclosure by federal law;  or (c) Disclose financial or commercial information which is privileged, proprietary, or

confidential in nature;  or (d) Involve accusing a person of a crime, or formally censuring a person;  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 (f) Disclose investigative records compiled for law enforcement purposes;  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. (C) Officers and Staff: (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. (D) Qualified Immunity, Defense and Indemnification: (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 the 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. ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION (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. (C) When promulgating a rule, the Interstate Commission shall, at a minimum: (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 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 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: (1) Transition rules; (2) Forms and procedures; (3) Time lines; (4) Data collection and reporting; (5) Rulemaking; (6) Visitation; (7) Progress reports/supervision; (8) Sharing of information/confidentiality; (9) Financing of the Interstate Commission; (10) Mediation, arbitration and dispute resolution; (11) Education, training and technical assistance; (12) Enforcement; (13) Coordination with other interstate compacts. (I) Upon determination by a majority of the members of the Interstate Commission that

an emergency exists: (1) The Interstate Commission may promulgate an emergency rule only if it is required

to: (a) Protect the children covered by this compact from an imminent threat to their health,

safety and well-being;  or (b) Prevent loss of federal or state funds;  or (c) Meet a deadline for the promulgation of an administrative rule required by federal

law. (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. ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT (A) Oversight: (1) The Interstate Commission shall oversee the administration and operations 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

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. (B) Dispute Resolution: (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. (C) Enforcement: (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: (a) Provide remedial training and specific technical assistance;  or (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 offices, 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. ARTICLE XIII. FINANCING OF THE COMMISSION (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. ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT (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.  The effective date shall be the later of July 1, 2007 or upon enactment of the compact

into law by the 35th state.  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. ARTICLE XV. WITHDRAWAL AND DISSOLUTION (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. (B) Dissolution of Compact: (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. ARTICLE XVI. SEVERABILITY AND CONSTRUCTION (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. (B) The provisions of this compact shall be liberally construed to effectuate its purposes. (C) Nothing in this compact shall be construed to prohibit the concurrent applicability

of other interstate compacts to which the states are members. ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS (A) Other Laws: (1) Nothing herein prevents the enforcement of any other law of a member state that is

not inconsistent with this compact. (B) Binding Effect of the Compact: (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 the 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.