SB517: Bill Text

SB517,8,8 (c) "Child" means a person who has not attained the age of 18 years.

SB517,8,10 (d) "Certification" means a statement attested, declared, or sworn to before a judge or notary public.

SB517,8,13 (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.

SB517,8,17 (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.

SB517,8,21 (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).

SB517,8,23 (h) "Interstate commission" means the interstate commission for the placement of children established under sub. (8) (a).

SB517,8,25 (i) "Jurisdiction" means the power and authority of a court to hear and decide matters.

SB517,9,6 (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.

SB517,9,8 (k) "Member state" means a state that has enacted the enabling legislation for this compact.

SB517,9,12 (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.

SB517,9,14 (m) "Nonmember state" means a state that has not enacted the enabling legislation for this compact.

SB517,9,21 (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.

SB517,9,23 (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.

SB517,9,25 (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.

SB517,10,10 (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.

SB517,10,15 (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.

SB517,10,17 (s) "Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.

SB517,10,21 (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.

SB517,11,2 (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.

SB517,11,8 (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.

SB517,11,10 (w) "Sending state" means the state from which the placement of a child is initiated.

SB517,11,13 (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.

SB517,11,16 (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.

SB517,11,20 (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.

SB517,11,23 (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.

SB517,11,25 (zr) "Supervision" means monitoring provided by a receiving state once a child has been placed in the receiving state under this compact.

SB517,12,2 (3) Article III - Applicability. (a) Except as otherwise provided in par. (b), this compact shall apply to all of the following:

SB517,12,7 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.

SB517,12,10 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:

SB517,12,12 a. The child is being placed in a residential facility in another member state and is not covered under another compact.

SB517,12,15 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.

SB517,12,17 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.

SB517,12,18 (b) This compact shall not apply to any of the following:

SB517,12,21 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 intended to effectuate on adoption.

SB517,12,24 2. The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement so long as the placement is not intended to effectuate an adoption.

SB517,13,2 3. The interstate placement of a child by a relative with the legal authority to make such a placement directly with another relative in a receiving state.

SB517,13,4 4. The placement of a child who is not subject to par. (a) into a residential treatment facility by his or her parent.

SB517,13,6 5. The placement of a child with a noncustodial parent if all of the following apply:

SB517,13,8 a. The noncustodial parent proves to the satisfaction of a court in the sending state that he or she has a substantial relationship with the child.

SB517,13,10 b. The court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child.

SB517,13,12 c. For a placement in a proceeding in which a public child placing agency is a party, the court in the sending state dismisses its jurisdiction over the proceeding.

SB517,13,15 6. A child entering the United States from a foreign country for the purpose of adoption in this country or leaving the United States to go to a foreign country for the purpose of adoption in that country.

SB517,13,18 7. Cases in which a child who is a United States citizen living overseas with his or her family, at least one member of which is in the U.S. armed services and stationed overseas, is removed and placed in a state.

SB517,13,21 8. The sending of a child by a public child placing agency or a private child placing agency to another state for a visit, as defined by the rules promulgated by the interstate commission.

SB517,14,2 (c) For purposes of determining the applicability of this compact to the placement of a child with a family member who is in the U.S. 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 state of legal residence.

SB517,14,10 (d) Nothing in this compact shall be construed to prohibit the concurrent application 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, the timely placement of children, and the reduction of unnecessary or duplicative administrative or procedural requirements.

SB517,14,18 (4) Article IV - Jurisdiction. (a) Except as provided in par. (h), except when sub. (5) (b) 2. or 3. applies in a private or independent adoption, and except for an interstate placement in a custody proceeding in which a public child placing agency is not a party, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child over which the sending state would have had jurisdiction if the child had remained in the sending state. That jurisdiction shall also include the power to order the return of the child to the sending state.

SB517,14,21 (b) When an issue of child protection or custody is brought before a court in the receiving state, that court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.

SB517,15,3 (c) In a case subject to this compact that is before a court, the taking of testimony for a hearing before a judicial officer may occur in person or by telephone, by audio-video conference, or by such other means as may be approved by the rules of the interstate commission. A judicial officer may communicate with another judicial officer or with any other person involved in the interstate process as may be permitted by the codes of judicial conduct governing those judicial officers and any rules promulgated by the interstate commission.

SB517,15,5 (d) In accordance with its own laws, the court in the sending state may terminate its jurisdiction if any of the following apply:

SB517,15,8 1. The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, but only with the concurrence of the public child placing agency in the receiving state.

SB517,15,9 2. The child is adopted.

SB517,15,10 3. The child reaches the age of majority under the laws of the sending state.

SB517,15,11 4. The child achieves legal independence under the laws of the sending state.

SB517,15,13 5. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state.

SB517,15,15 6. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state.

SB517,15,18 7. The public child placing agency of the sending state requests termination of the jurisdiction of the court in the sending state and has obtained the concurrence of the public child placing agency in the receiving state.

SB517,15,20 (e) When a sending state court terminates its jurisdiction, the receiving state child placing agency shall be notified.

SB517,15,24 (f) Nothing in this subsection 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 that would be a violation of the laws of the receiving state.

SB517,16,2 (g) Nothing in this subsection shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.

SB517,16,7 (h) The substantive laws of the state in which an adoption of a child will be finalized shall solely govern all issues relating to the adoption of a 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 when any of the following applies:

SB517,16,9 1. The child is a ward of another court that established jurisdiction over the child prior to the placement.

SB517,16,10 2. The child is in the legal custody of a public agency in the sending state.

SB517,16,13 3. A court in the sending state has otherwise appropriately assumed jurisdiction over the child prior to the submission of the request for approval of the placement.

SB517,16,16 (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.

SB517,16,20 (5) Article V - Placement evaluation. (a) Before sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency of the sending state shall provide a written request for assessment to the receiving state.

SB517,17,2 (b) For a placement 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 of a request for approval of the placement by the public child placing agencies of both the sending state and the receiving state. The required content that must accompany that request for approval shall include all of the following:

SB517,17,5 1. A request for approval of the placement signed by the person requesting the approval that identifies the child, the birth parents, the prospective adoptive parents, and the supervising agency.

SB517,17,8 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.

SB517,17,12 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 the adoption will be finalized.

SB517,17,13 4. A home study.

SB517,17,15 5. An acknowledgment signed by the prospective adoptive parents that the placement is a legal risk placement.

SB517,17,21 (c) The sending state and the receiving state may request additional information or documentation prior to finalization of an approved placement, but the sending state and receiving state may not delay travel by the prospective adoptive parents with the child if the required content under par. (b) 1. to 5. has been submitted, received, and reviewed by the public child placing agencies in both the sending state and the receiving state.

SB517,17,24 (d) The approval of the public child placing agency in the receiving state for a provisional placement or an approved placement is required as provided for in the rules of the interstate commission.

SB517,18,3 (e) The request for assessment shall contain all information and be in such form as provided for in the rules of the interstate commission and the procedures for making a request shall be as provided in those rules.

SB517,18,9 (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 the safety and suitability of that placement. If the proposed placement is a placement with a relative, the public child placing agency of the sending state may request a determination of whether the placement qualifies as a provisional placement.

SB517,18,13 (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 as necessary to complete the assessment or approve the placement.

SB517,18,17 (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 time frames established in rules promulgated by the interstate commission.

SB517,18,21 (i) For a placement by a private child placing agency, the sending state may not impose any additional requirements with respect to completion of the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.

SB517,18,23 (j) The interstate commission may develop uniform standards for assessing the safety and suitability of interstate placements.

SB517,19,2 (6) Article VI - Placement Authority. (a) Except as otherwise provided in this compact, no child who is subject to this compact may be placed into a receiving state until approval for that placement is obtained from the public child placing agency in the receiving state.

SB517,19,7 (b) If the public child placing agency in the receiving state does not approve the proposed placement, then the child may not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the interstate commission. That determination is not subject to judicial review in the sending state.

SB517,19,10 (c) 1. If the proposed placement is not approved, any interested party or person shall have standing to seek an administrative review of the receiving state's determination.

SB517,19,13 2. The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state under its applicable administrative procedures act.

SB517,19,17 3. If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be considered approved, so long as all administrative or judicial remedies have been exhausted or the time for seeking those remedies has passed.

SB517,19,20 (7) Article VII - Placing Agency Responsibility. (a) For the interstate placement of a child made by a public child placing agency or state court, financial responsibility shall be allocated as follows:

SB517,19,22 1. The public child placing agency in the sending state shall be financially responsible for all of the following:

SB517,19,24 a. Ongoing maintenance payments for the child during the period of the placement, unless otherwise provided for in the receiving state.

SB517,20,3 b. Services for the child beyond the public services for which the child is eligible in the receiving state, as determined by the public child placing agency in the sending state.