48.988(6)
(6) 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 being sent to such other party jurisdiction for institutional care and the court finds that:
48.988(6)(a)
(a) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and
48.988(6)(b)
(b) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship.
48.988(7)
(7) 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 or her 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.
48.988(8)
(8) Article VIII - Limitations. This compact shall not apply to:
48.988(8)(a)
(a) The sending or bringing of a child into a receiving state by the child's parent, stepparent, 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.
48.988(8)(b)
(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.
48.988(9)
(9) 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.
48.988(10)
(10) 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.
48.988(11)
(11) Financial responsibility for any child placed under the interstate compact on the placement of children shall be determined in accordance with
sub. (5) in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of
s. 49.90 or
767.42,
ch. 769 or any other applicable state law fixing responsibility for the support of children also may be invoked.
48.988(14)
(14) The officers and agencies of this state and its subdivisions having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states under
sub. (5) (b). Any agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof shall not be binding unless it has the approval in writing of the department in the case of the state.
48.988(15)
(15) Any requirements for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by
sub. (5) (b).
48.988(16)
(16) Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state under
sub. (5) and shall retain jurisdiction as provided in
sub. (5).
48.989
48.989
Interstate compact on the placement of children: additional procedure. 48.989(1)(a)
(a) "Appropriate authority in the receiving state" means the department of health and family services.
48.989(1)(b)
(b) "Appropriate public authorities" means the department of health and family services, which shall receive and act with reference to notices required by
s. 48.988 (3).
48.989(2)
(2) Financial responsibility. Financial responsibility for any child placed under the provisions of the interstate compact on the placement of children shall be determined in accordance with
ss. 48.60 (4) (b) and
48.988 (5). In the event of partial or complete default of performance under the compact, the provisions of
s. 49.90 or
767.42,
ch. 769 or any other applicable state law fixing responsibility for the support of children may also be invoked.
48.989(3)
(3) Interstate agreements. The officers and agencies of this state and its subdivisions having authority to place children may enter into agreements with appropriate officers or agencies of or in other party states under
s. 48.988 (5) (b). Any agreement which contains a financial commitment or imposes a financial obligation on this state or any subdivision or agency thereof shall not be binding unless it has the approval in writing of the department in matters involving the state and of the chief local fiscal officer in matters involving a subdivision of the state.
48.989(4)
(4) Requirements. Any requirement for visitation, inspection or supervision of children, homes, institutions or other agencies in another party state which may apply under the provisions of this chapter shall be deemed to be met if performed under an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof under
s. 48.988 (5) (b).
48.989(5)
(5) Court jurisdiction. Any court having jurisdiction to place delinquent children may place such a child in an institution or in another state under
s. 48.988 (5). The court shall retain jurisdiction as provided in
s. 48.988 (5).
48.9985
48.9985
Interstate adoption agreements. 48.9985(1)(a)
(a) "Adoption assistance agreement" means an agreement under
s. 48.975 with a child's adoptive parents to provide specified benefits, including medical assistance, to the child, or a similar agreement in writing between an agency of another state and the adoptive parents of a child adopted in that state, if the agreement is enforceable by the adoptive parents.
48.9985(1)(c)
(c) "State" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, the Virgin Islands, Guam, the commonwealth of the Northern Mariana Islands or a territory or possession of the United States.
48.9985(2)(a)(a) The department may, on behalf of this state, enter into interstate agreements, including the interstate compact on adoption and medical assistance, with agencies of any other states that enter into adoption assistance agreements.
48.9985(2)(b)
(b) Each interstate agreement shall provide that, upon application by a person who has entered into an adoption assistance agreement with a party state other than the person's state of residence, the state of the person's residence shall provide medical assistance benefits under its own laws to the person's adopted child.
48.9985(2)(c)
(c) An interstate agreement may also include the following:
48.9985(2)(c)1.
1. Procedures for ensuring the continued provision of developmental, child care and other social services to adopted children whose adoptive parents reside in a party state other than the one in which the adoption assistance agreement was entered into.
48.9985(2)(c)2.
2. Any other provisions determined by the department and the agency of the other party state to be appropriate for the administration of the interstate agreement.
48.9985(2)(d)
(d) An interstate agreement is revocable upon written notice by either party state to the other party state but remains in effect for one year after the date of the written notice.
48.9985(2)(e)
(e) Each interstate agreement shall provide that the medical assistance benefits to which a child is entitled under the provisions of the interstate agreement shall continue to apply until the expiration of the adoption assistance agreement entered into by the adoptive parents in the state in which the adoption took place, whether or not the interstate agreement is revoked under
par. (d).
48.9985 History
History: 1985 a. 308,
332.
