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11. Transition from the Interstate Compact on the Placement of Children.
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2. Forms and procedures.
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3. Timelines.
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4. Data collection and reporting.
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5. Rule making.
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6. Visitation.
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7. Progress reports and supervision.
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8. Sharing of information and confidentiality.
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9. Financing of the interstate commission.
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10. Mediation, arbitration, and dispute resolution.
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11. Education, training, and technical assistance.
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12. Enforcement.
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13. Coordination with other interstate compacts.
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(i) 1. Upon determination by a majority of the members of the interstate
15commission that an emergency exists, the interstate commission may promulgate an
16emergency rule, but only if the rule is required to do any of the following:
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a. Protect the children covered by this compact from an imminent threat to
18their health, safety, and well-being.
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b. Prevent the loss of federal or state funds.
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c. Meet a deadline for the promulgation of an administrative rule required by
21federal law.
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2. An emergency rule shall become effective immediately upon promulgation
23so long as the usual rule-making procedures provided under this subsection are
24retroactively applied to the rule as soon as is reasonably possible, but no later than
2590 days after the effective date of the emergency rule.
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13. An emergency rule shall be promulgated as provided for in the rules of the
2interstate commission.
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3(12) Article XII - Oversight, Dispute Resolution, and Enforcement. (a)
4Oversight. 1. The interstate commission shall oversee the administration and
5operations of the compact.
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2. The executive, legislative, and judicial branches of state government in each
7member state shall enforce this compact and the rules of the interstate commission
8and shall take all actions that are necessary and appropriate to effectuate the
9purposes and intent of the compact. The compact and its rules shall be binding in
10the compacting states to the extent and in the manner provided for in this compact.
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3. All courts shall take judicial notice of the compact and the rules in any
12judicial or administrative proceeding in a member state pertaining to the subject
13matter of the compact.
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4. The interstate commission shall be entitled to receive service of process in
15any action in which the validity of a compact provision or rule is the issue for which
16a judicial determination has been sought and shall have standing to intervene in the
17action. Failure to provide service of process to the interstate commission shall render
18any judgment, order, or other determination, however captioned or classified, void
19as to the interstate commission, this compact, or the bylaws or rules of the interstate
20commission.
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(b)
Dispute resolution. 1. The interstate commission shall attempt, upon the
22request of a member state, to resolve any dispute that is subject to the compact and
23that may arise among member states or between member states and nonmember
24states.
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12. The interstate commission shall promulgate a rule providing for both
2mediation and binding dispute resolution for disputes among compacting states.
3The costs of that mediation or dispute resolution shall be the responsibility of the
4parties to the dispute.
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(c)
Enforcement. 1. If the interstate commission determines that a member
6state has defaulted in the performance of its obligations or responsibilities under this
7compact or the bylaws or rules of the interstate commission, the interstate
8commission may do any of the following:
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a. Provide remedial training and specific technical assistance.
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b. Provide written notice to the defaulting state and other member states of the
11nature of the default and the means of curing the default. The interstate commission
12shall specify the conditions by which the defaulting state must cure its default.
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c. By a majority vote of the members, initiate against a defaulting member state
14legal action in the U.S. district court for the District of Columbia or, at the discretion
15of the interstate commission, in the federal district court for the district in which the
16interstate commission has its principal office, to enforce compliance with the
17compact, the bylaws, or the rules. The relief sought may include both injunctive
18relief and damages. If judicial enforcement is necessary, the prevailing party shall
19be awarded all costs of the litigation including reasonable attorney fees.
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d. Avail itself of any other remedies available under state law or the regulation
21of official or professional conduct.
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22(13) Article XIII - Financing of the Interstate Commission. (a) The
23interstate commission shall pay or provide for the payment of the reasonable
24expenses of its establishment, organization, and ongoing activities.
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1(b) The interstate commission may levy on and collect an annual assessment
2from each member state to cover the cost of the operations and activities of the
3interstate commission and its staff. The aggregate amount of the annual assessment
4shall be in an amount that is sufficient to cover the annual budget of the interstate
5commission, as approved by its members each year, and shall be allocated based upon
6a formula to be determined by the interstate commission, which shall promulgate a
7rule binding upon all member states.
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(c) The interstate commission may not incur obligations of any kind before
9securing funds adequate to meet those obligations; nor may the interstate
10commission pledge the credit of any member state, except by and with the authority
11of the member state.
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(d) The interstate commission shall keep accurate accounts of all receipts and
13disbursements. The receipts and disbursements of the interstate commission shall
14be subject to the audit and accounting procedures established under its bylaws. All
15receipts and disbursements of funds handled by the interstate commission shall be
16audited yearly by a certified or licensed public accountant, and the report of the audit
17shall be included in and become a part of the annual report of the interstate
18commission.
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19(14) Article XIV - Member States, Effective Date, and Amendment. (a) Any
20state is eligible to become a member state.
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(b) The compact shall become effective and binding upon legislative enactment
22of the compact into law by no less than 35 of the states. The initial effective date shall
23be July 1, 2007, or upon enactment of the compact into law by the 35th state,
24whichever is later. After that initial effective date, the compact shall become
25effective and binding as to any other member state upon enactment of the compact
1into law by that member state. The executive heads of the state human services
2administrations with ultimate responsibility for the child welfare programs of
3nonmember states or their designees shall be invited to participate in the activities
4of the interstate commission on a nonvoting basis before adoption of the compact by
5all states.
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(c) The interstate commission may propose amendments to the compact for
7enactment by the member states. An amendment does not become effective and
8binding on the member states until the amendment is enacted into law by
9unanimous consent of the member states.
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10(15) Article XV - Withdrawal and Dissolution. (a)
Withdrawal. 1. Once
11effective, the compact shall continue in force and remain binding upon each member
12state, except that a member state may withdraw from the compact by specifically
13repealing the statute that enacted the compact into law in that state.
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2. Withdrawal from this compact by a member state shall be by the enactment
15of legislation repealing the statute that enacted the compact into law in that member
16state. The effective date of a withdrawal by a member state shall be the effective date
17of the repeal of that statute.
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3. A withdrawing state shall immediately notify the president of the interstate
19commission in writing upon the introduction of legislation repealing the compact in
20the withdrawing state. The interstate commission shall then notify the other
21member states of the withdrawing state's intent to withdraw.
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4. A withdrawing state is responsible for all assessments, obligations, and
23liabilities incurred to the effective date of the withdrawal.
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15. Reinstatement in the compact following the withdrawal of a member state
2shall occur upon the withdrawing state reenacting the compact or upon such later
3date as determined by the members of the interstate commission.
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(b)
Dissolution of compact. 1. This compact shall dissolve upon the effective
5date of a withdrawal or default of a member state that reduces the membership in
6the compact to one member state.
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2. Upon dissolution of this compact, the compact becomes void and shall be of
8no further force or effect, the business and affairs of the interstate commission shall
9be concluded, and any surplus funds shall be distributed in accordance with the
10bylaws.
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11(16) Article XVI - Severability and Construction. (a) The provisions of this
12compact shall be severable, and if any phrase, clause, sentence, or provision is held
13unenforceable, the remaining provisions of the compact shall be enforceable.
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(b) The provisions of this compact shall be liberally construed to effectuate its
15purposes.
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(c) Nothing in this compact shall be construed to prohibit the concurrent
17applicability of other interstate compacts to which the states are members.
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18(17) Article XVII - Binding Effect of Compact and Other Laws. (a)
Other
19laws. This compact does not prevent the enforcement of any other law of a member
20state that is not inconsistent with this compact.
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(b)
Binding effect of compact. 1. All lawful actions of the interstate commission,
22including all rules and bylaws promulgated by the interstate commission, are
23binding upon the member states.
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2. All agreements between the interstate commission and the member states
25are binding in accordance with their terms.
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13. If a provision of this compact exceeds the constitutional limits imposed on
2the legislature of any member state, that provision shall be ineffective in that
3member state to the extent of the conflict with the constitutional provision in
4question.
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5(18) Article XVIII - Indian Tribes. Notwithstanding any other provision in
6this compact, the interstate commission may promulgate guidelines to permit Indian
7tribes to use the compact to achieve any of the purposes of the compact as specified
8in sub. (1). The interstate commission shall make reasonable efforts to consult with
9Indian tribes in promulgating guidelines to reflect the diverse circumstances of the
10various Indian tribes.
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11Section
12. 632.896 (1) (c) 3. of the statutes is amended to read:
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632.896
(1) (c) 3. A sending agency, as defined in s. 48.988 (2) (d), places a child
13in the insured's home under s. 48.988 for adoption,
or a public child placing agency,
14as defined in s. 48.99 (2) (r), or a private child placing agency, as defined in s. 48.99
15(2) (p), of a sending state, as defined in s. 48.99 (2) (w), places a child in the insured's
16home under s. 48.99 as a preliminary step to a possible adoption, and the insured
17takes physical custody of the child at any location within the United States.
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18Section
13. 938.988 of the statutes is amended to read:
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19938.988 Interstate placement of juveniles. Sections 48.988 and 48.989
20apply to the interstate placement of juveniles
, except that s. 48.99, rather than those
21sections, applies to the interstate placement of juveniles following withdrawal from
22the Interstate Compact on the Placement of Children as described in s. 48.9895.
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23Section
14. 938.999 (1) (b) 13. of the statutes is amended to read:
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938.999
(1) (b) 13. Coordinate the implementation and operation of this
25compact with the Interstate Compact on the Placement of Children under ss. 48.988
1and 48.989,
the Interstate Compact for the Placement of Children under s. 48.99, the
2Interstate Compact for Adult Offender Supervision under s. 304.16, and other
3compacts affecting juveniles, particularly in those cases in which concurrent or
4overlapping supervision issues arise.
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5Section
15. 938.999 (3) (c) of the statutes is amended to read:
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938.999
(3) (c) In addition to the commissioners who are the voting
7representatives of each compacting state, the interstate commission shall include,
8as nonvoting members, persons who are members of interested organizations. Those
9nonvoting members shall include members of the national organizations of
10governors, legislators, state supreme court chief justices, attorneys general, juvenile
11justice and juvenile corrections officials, and crime victims and members of the
12Interstate Compact on the Placement of Children
, the Interstate Compact for the
13Placement of Children, and the Interstate Compact for Adult Offender Supervision.
14The interstate commission may provide in the bylaws for the inclusion of additional
15nonvoting members, including members of other national organizations, in such
16numbers as may be determined by the interstate commission.