AB705: Bill Text

Analysis by the Legislative Reference Bureau

Under current law, the Interstate Compact on the Placement of Children provides procedures for sending a child from this state to another state, placing a child from this state in an institution in another state, bringing a child from another state into this state, and placing a child from another state in an institution in this state.

The bill also creates a new Interstate Compact for the Placement of Children that becomes effective when 35 states enact the compact. The compact applies to the interstate placement of a child who is subject to ongoing court jurisdiction in a sending state due to allegations or findings that the child has been abused, neglected, or deprived and to the interstate placement of a child as a preliminary step to a possible adoption. The compact also applies to the interstate placement of a child who has been adjudicated delinquent or unmanageable and who is subject to the ongoing court jurisdiction of a sending state if the placement of the child is not covered under another interstate compact such as the Interstate Compact for Juveniles or an assessment of the placement is not provided through another compact.

The compact, however, does 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 so long as the placement is not for adoption; 2) the interstate placement of a child by his or her parent so long as the placement is not for adoption; 3) the interstate placement of a child with a relative by a relative who has the authority to make such a placement; or 4) the placement of a child with a noncustodial parent if the court in the sending state finds that the noncustodial parent has a substantial relationship with the child, finds that the placement is in the best interests of the child, and, for a placement in a proceeding in which a public child placing agency is a party, dismisses its jurisdiction over the proceeding. The compact also does not apply to: 1) a child who is entering or leaving the United States for purposes of adoption; 2) cases in which a child living overseas with his or her family, at least one member of which is in the U.S. armed services, is removed and placed in a state; and 3) the sending of a child to another state for a visit.

Under the compact:

1. Subject to certain exceptions for adoptions and for interstate placements in custody proceedings in which a public child placing agency is not a party, the sending state retains jurisdiction over a child with respect to all matters of custody and disposition over which the sending state would have had jurisdiction if the child had remained in the sending state, including the power to order the return of the child.

2. Before a child is sent to a receiving state, the child placing agency of the sending state must request, and a public child placing agency in the receiving state must complete, an assessment of the proposed placement to determine the safety and suitability of the placement.

3. A child may not be placed in a receiving state until a public child placing agency in the receiving state approves the placement, unless a determination not to approve the placement is overturned on administrative or judicial review under the laws of the receiving state.

4. For the interstate placement of a child made by a public child placing agency or state court, the public child placing agency in the sending state is financially responsible for ongoing maintenance payments for the child during the period of the placement and for services for the child beyond the public services for which the child is eligible in the receiving state, and the receiving state is financially responsible for any assessment conducted by the receiving state and for supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the sending and receiving states.

5. For the placement of a child by a private child placing agency for adoption, the private child placing agency is legally responsible for the child until finalization of the adoption and financially responsible for the child absent a contractual agreement to the contrary.

The bill also creates an Interstate Commission for the Placement of Children (interstate commission) composed of a commissioner from each of the member states appointed by the executive head of the state human services administration with ultimate responsibility for the state's child welfare program. Each member state has one vote on the interstate commission. Under the bill, the interstate commission has various powers, including the power to do all of the following:

1. Promulgate rules to achieve the purposes of the compact. Rules promulgated by the interstate commission are binding in the compacting states to the extent and in the manner provided for in the compact. A majority of the legislatures of the member states may reject a rule. If that is done, the rule has no effect in any of the member states.

2. Provide for dispute resolution among member states and between member states and nonmember states.

3. Levy assessments on member states to cover the costs of the interstate commission's operations and activities.

4. Enforce compliance with the compact or the bylaws or rules of the interstate commission. If a member state defaults in the performance of any of the state's obligations under the compact, the interstate commission may provide remedial training and technical assistance, specify conditions by which the defaulting state must cure its default, enforce compliance with the compact by bringing legal action in federal court against the defaulting state, or avail itself of any other remedies available under state law or the regulation of official or professional conduct.

5. Report annually to the compacting states concerning the activities of the interstate commission during the preceding year.

6. Perform such functions as may be necessary to achieve the purposes of the compact.

A state may withdraw from the compact by repealing the statute that enacted the compact into law in that state. A withdrawal takes effect on the effective date of the repeal of that statute.

Finally, all lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission and agreements between the interstate commission and the member states, are binding on the member states, except that, if a provision of the compact exceeds a constitutional limit imposed on the legislature of a member state, that provision is ineffective in that member state to the extent of the conflict.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB705, s. 1 Section 1. 14.94 of the statutes is created to read:

AB705,4,5 14.94 Interstate Commission for the Placement of Children. There is created an Interstate Commission for the Placement of Children as specified in s. 48.99 (8). The member of the commission representing this state shall be the person appointed under s. 48.99 (8) (b) 1. The commission member shall serve without compensation but shall be reimbursed from the appropriation account under s. 20.437 (1) (a) for actual and necessary expenses incurred in the performance of the commission member's duties. The commission shall have the powers, duties, and responsibilities set forth in s. 48.99.

AB705, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB705, s. 3 Section 3. 20.437 (1) (d) of the statutes is created to read:

AB705,4,11 20.437 (1) (d) Interstate Compact for the Placement of Children assessments. The amounts in the schedule to pay assessments levied by the interstate commission for the placement of children under s. 48.99 (13) (b).

AB705, s. 4 Section 4. 48.60 (4) (b) of the statutes is amended to read:

AB705,4,18 48.60 (4) (b) Notwithstanding ss. 121.78 (3) (a) and 121.79 (1) (a), a child welfare agency shall pay for the costs incurred by a school district in providing special education and related services to a child with a disability who has been placed with the child welfare agency under the interstate compact on the placement of children Interstate Compact on the Placement of Children under s. 48.988 or the Interstate Compact for the Placement of Children under s. 48.99.

AB705, s. 5 Section 5. 48.63 (3) (b) 3. of the statutes is amended to read:

AB705,5,10 48.63 (3) (b) 3. The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under subd. 1. in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98 or , 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.

AB705, s. 6 Section 6. 48.837 (1m) of the statutes is amended to read:

AB705,5,18 48.837 (1m) Out-of-state adoptive placement. Subject to ss. 48.98 and, 48.988, and 48.99, when the proposed adoptive parent or parents of a child reside outside this state and are not relatives of the child, a parent having custody of a child and the proposed adoptive parent or parents of the child may petition the court for placement of the child for adoption in the home of the proposed adoptive parent or parents, if the home meets the criteria established by the laws of the other state for a preadoptive placement of a child in the home of a nonrelative.

AB705, s. 7 Section 7. 48.837 (1r) (c) of the statutes is amended to read:

AB705,6,3 48.837 (1r) (c) The department, a county department under s. 48.57 (1) (e) or (hm), or a child welfare agency licensed under s. 48.60 may place a child under par. (a) in the home of a proposed adoptive parent or parents who reside outside this state if the placement is made in compliance with s. 48.98 or , 48.988, or 48.99, whichever is applicable, if the home meets the criteria established by the laws of the state where the proposed adoptive parent or parents reside for a preadoptive placement of a child in the home of a nonrelative, and if an appropriate agency in that state has completed an investigation of the home and filed a report and recommendation concerning the home with the department, county department, or licensed child welfare agency.

AB705, s. 8 Section 8. 48.913 (2) (a) of the statutes is amended to read:

AB705,6,6 48.913 (2) (a) The child was placed for adoption in this state in accordance with s. 48.988 or 48.99.

AB705, s. 9 Section 9. 48.98 (4) (a) of the statutes is amended to read:

AB705,6,9 48.98 (4) (a) This section applies only to interstate placements of children which that are not governed by s. 48.988 or 48.99.

AB705, s. 10 Section 10. 48.9895 of the statutes is created to read:

AB705,6,17 48.9895 Withdrawal from Interstate Compact on the Placement of Children. Sections 48.988 and 48.989 do not apply to a child from this state who is sent, brought, or caused to be sent or brought into another state under s. 48.988 (3) or who is placed in an institution in another state under s. 48.988 (6), or to a child from another state who is sent, brought, or caused to be sent or brought into this state under s. 48.988 (3) or who is placed in an institution in this state under s. 48.988 (6), if all of the following have occurred:

AB705,6,19 (1) The Interstate Compact for the Placement of Children under s. 48.99 is in effect as provided in s. 48.99 (14) (b).

AB705,6,21 (2) Both this state and the other state are parties to the Interstate Compact for the Placement of Children under s. 48.99.

AB705,6,23 (3) Both this state and the other state have withdrawn from the Interstate Compact on the Placement of Children as provided in s. 48.988 (9).

AB705, s. 11 Section 11. 48.99 of the statutes is created to read:

AB705,7,2 48.99 Interstate Compact for the Placement of Children. (1) Article I - Purpose. The purpose of this compact is to do all of the following:

AB705,7,4 (a) Provide a process through which children who are subject to this compact are placed in safe and suitable homes in a timely manner.

AB705,7,6 (b) Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.

AB705,7,8 (c) Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.

AB705,7,11 (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.

AB705,7,13 (e) Provide for uniform data collection and information sharing between member states under this compact.

AB705,7,17 (f) Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts that affect the placement of, and provide services to, children who are otherwise subject to this compact.

AB705,7,20 (g) Provide for a state to retain the continuing legal jurisdiction and responsibility for placement and care of a child that the state would have had if the placement were intrastate.

AB705,7,23 (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.

AB705,7,24 (2) Article II - Definitions. As used in this compact:

AB705,8,2 (a) "Approved placement" means a placement that the public child placing agency in the receiving state has determined to be both safe and suitable for the child.

AB705,8,7 (b) "Assessment" means an evaluation of a prospective placement by the public child placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement made by a public child placing agency.

AB705,8,8 (c) "Child" means a person who has not attained the age of 18 years.

AB705,8,10 (d) "Certification" means a statement attested, declared, or sworn to before a judge or notary public.

AB705,8,13 (e) "Default" means the failure of a member state to perform the obligations or responsibilities imposed upon that state by this compact or by the bylaws or rules of the interstate commission.

AB705,8,17 (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 that documents the preparation and suitability of the placement resource for placement of a child in accordance with the laws and requirements of that state.

AB705,8,21 (g) "Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for services provided to Indians by the U.S. secretary of the interior because of their status as Indians, including an Alaskan native village, as defined in 43 USC 1602 (c).

AB705,8,23 (h) "Interstate commission" means the interstate commission for the placement of children established under sub. (8) (a).

AB705,8,25 (i) "Jurisdiction" means the power and authority of a court to hear and decide matters.

AB705,9,6 (j) "Legal risk placement" means a placement of a child made preliminary to an adoption in which the prospective adoptive parents acknowledge in writing that the child can be ordered to be returned to the sending state or the birth mother's state of residence, if different from the sending state, and in which a final decree of adoption may not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.

AB705,9,8 (k) "Member state" means a state that has enacted the enabling legislation for this compact.

AB705,9,12 (L) "Noncustodial 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 the child, and who is not the subject of allegations or findings of child abuse or neglect.

AB705,9,14 (m) "Nonmember state" means a state that has not enacted the enabling legislation for this compact.

AB705,9,21 (n) "Notice of residential placement" means information regarding a placement into a residential facility that is provided to the receiving state including the name, date, and place of birth of the child, the identity and address of the child's parent or legal guardian, evidence of the authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement also includes information regarding a discharge and any unauthorized absence from the facility.

AB705,9,23 (o) "Placement" means the act by a public or private child placing agency that is intended to arrange for the care or custody of a child in another state.

AB705,9,25 (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 state and that is not an instrumentality of the state or acting under color of state law.

AB705,10,10 (q) "Provisional placement" means a proposed placement that the public child placing agency in the receiving state has determined to be safe and suitable and with respect to which the receiving state, to the extent allowable, has temporarily waived its standards or requirements that are otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state's requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.

AB705,10,15 (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 the agency or entity acts on behalf of a state, county, municipality, or other governmental unit, that facilitates, causes, or is involved in the placement of a child from one state to another state.

AB705,10,17 (s) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.

AB705,10,21 (t) "Relative" means a person who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a nonrelative with such significant ties to the child that the nonrelative may be regarded as a relative as determined by the court in the sending state.

AB705,11,2 (u) "Residential facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and that is beyond what is needed for assessment or treatment of an acute condition. For purposes of this compact, residential facilities do not include institutions that are primarily educational in character, hospitals, or other medical facilities.

AB705,11,8 (v) Except as provided in sub. (11) (g), "rule" means a written directive, mandate, standard, or principle issued by the interstate commission and promulgated under sub. (11) that is of general applicability; that implements, interprets, or prescribes a policy or provision of the compact; and that has the force and effect of an administrative rule in a member state. "Rule" includes the amendment, repeal, or suspension of an existing rule.

AB705,11,10 (w) "Sending state" means the state from which the placement of a child is initiated.

AB705,11,13 (x) "Service member's permanent duty station" means the military installation where an active duty U.S. armed services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.

AB705,11,16 (y) "Service member's declared state of legal residence" means the state in which an active duty U.S. armed services member is considered a resident for tax and voting purposes.

AB705,11,20 (z) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, or any other territorial possession of the United States.

AB705,11,23 (zg) "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 children.

AB705,11,25 (zr) "Supervision" means monitoring provided by a receiving state once a child has been placed in the receiving state under this compact.

AB705,12,2 (3) Article III - Applicability. (a) Except as otherwise provided in par. (b), this compact shall apply to all of the following:

AB705,12,7 1. The interstate placement of a child who is subject to ongoing court jurisdiction in a 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, except 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.

AB705,12,10 2. The interstate placement of a child who has been adjudicated delinquent or unmanageable based on the laws of a sending state and who is subject to the ongoing court jurisdiction of the sending state if any of the following apply:

AB705,12,12 a. The child is being placed in a residential facility in another member state and is not covered under another compact.

AB705,12,15 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.

AB705,12,17 3. The interstate placement of any child by a public child placing agency or private child placing agency as a preliminary step to a possible adoption.