SB517,21,1513 (i) The public child placing agency in the sending state shall oversee compliance
14with the federal Indian Child Welfare Act, 25 USC 1901 to 1963, prior to a placement
15under this compact of an Indian child.
SB517,21,1816 (j) With the consent of the interstate commission, states may enter into limited
17agreements that facilitate the timely assessment and provision of services and
18supervision of placements under this compact.
SB517,22,2 19(8) Article VIII - Interstate Commission for the Placement of Children. (a)
20There is created the interstate commission for the placement of children. The
21activities of the interstate commission are the formation of public policy and are a
22discretionary state function. The interstate commission shall be a joint commission
23of the member states and shall have all of the responsibilities, powers, and duties set
24forth in this section and such additional powers as may be conferred upon the

1interstate commission by subsequent concurrent action of the respective legislatures
2of the member states.
SB517,22,73 (b) 1. The interstate commission shall consist of one commissioner from each
4member state who shall be appointed by the executive head of the state human
5services administration with ultimate responsibility for the state's child welfare
6program. The appointed commissioner may vote on policy-related matters governed
7by this compact binding the state.
SB517,22,98 2. Each member state represented at a meeting of the interstate commission
9is entitled to one vote.
SB517,22,1210 3. A majority of the member states shall constitute a quorum for the transaction
11of business, unless a larger quorum is required by the bylaws of the interstate
12commission.
SB517,22,1313 4. A commissioner may not delegate a vote to another member state.
SB517,22,1514 5. A commissioner may delegate voting authority to another person from the
15commissioner's state for a specified meeting.
SB517,22,1916 (c) In addition to the commissioners of each member state, the interstate
17commission shall include persons who are members of interested organizations, as
18defined in the bylaws or rules of the interstate commission. Those members shall not
19be entitled to vote on any matter before the interstate commission.
SB517,22,2220 (d) The interstate commission shall establish an executive committee that shall
21have the authority to administer the day-to-day operations and administration of
22the interstate commission. The executive committee may not engage in rule making.
SB517,22,24 23(9) Article IX - Powers of the Interstate Commission. The interstate
24commission shall have the power to do all of the following:
SB517,23,2
1(a) Promulgate rules and take all necessary actions to effect the goals,
2purposes, and obligations enumerated in this compact.
SB517,23,33 (b) Provide for dispute resolution among member states.
SB517,23,64 (c) Issue, upon request of a member state, advisory opinions concerning the
5meaning or interpretation of this compact or the bylaws, rules, or actions of the
6interstate commission.
SB517,23,87 (d) Enforce compliance with this compact or the bylaws or rules of the interstate
8commission under sub. (12).
SB517,23,129 (e) Collect standardized data concerning the interstate placement of children
10who are subject to this compact as directed by its rules, which rules shall specify the
11data to be collected, the means of collection, and data exchange and reporting
12requirements.
SB517,23,1413 (f) Establish and maintain offices as may be necessary for transacting the
14business of the interstate commission.
SB517,23,1515 (g) Purchase and maintain insurance and bonds.
SB517,23,1816 (h) Hire or contract for the services of personnel or consultants as may be
17necessary to carry out its functions under the compact and establish personnel
18qualification policies and rates of compensation.
SB517,23,2019 (i) Establish and appoint committees and officers including an executive
20committee as required by sub. (10).
SB517,23,2221 (j) Accept, receive, utilize, and dispose of donations and grants of money,
22equipment, supplies, materials, and services.
SB517,23,2423 (k) Lease, purchase, accept contributions or donations of, or otherwise own,
24hold, improve, or use any property, real, personal, or mixed.
SB517,24,2
1(L) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise
2dispose of any property, real, personal, or mixed.
SB517,24,33 (m) Establish a budget and make expenditures.
SB517,24,54 (n) Adopt a seal and bylaws governing the management and operation of the
5interstate commission.
SB517,24,96 (o) Report annually to the legislatures, governors, judiciary, and state advisory
7councils of the member states concerning the activities of the interstate commission
8during the preceding year. Those reports shall also include any recommendations
9that have been adopted by the interstate commission.
SB517,24,1210 (p) Coordinate and provide education, training, and public awareness
11regarding the interstate movement of children for officials who are involved in that
12activity.
SB517,24,1413 (q) Maintain books and records in accordance with the bylaws of the interstate
14commission.
SB517,24,1615 (r) Perform such functions as may be necessary or appropriate to achieve the
16purposes of this compact.
SB517,24,21 17(10) Article X - Organization and Operation of the Interstate Commission.
18(a) Bylaws. 1. Within 12 months after the first interstate commission meeting, the
19interstate commission shall adopt bylaws and rules to govern the conduct of the
20interstate commission as may be necessary or appropriate to carry out the purposes
21of the compact.
SB517,25,222 2. The bylaws and rules of the interstate commission shall establish conditions
23and procedures under which the interstate commission shall make its information
24and official records available to the public for inspection or copying. The interstate
25commission may exempt from disclosure information or official records to the extent

1that disclosure of the information or official records would adversely affect personal
2privacy rights or proprietary interests.
SB517,25,53 (b) Meetings. 1. The interstate commission shall meet at least once each year.
4The chairperson may call additional meetings and, upon the request of a simple
5majority of the member states, shall call additional meetings.
SB517,25,116 2. Public notice shall be given by the interstate commission of all meetings, and
7all meetings shall be open to the public, except as set forth in the rules or as otherwise
8provided in the compact. The interstate commission or any of its committees may
9close a meeting, or portion of a meeting, if the interstate commission or committee
10determines by a two-thirds vote that an open meeting would be likely to do any of
11the following:
SB517,25,1312 a. Relate solely to the interstate commission's internal personnel practices and
13procedures.
SB517,25,1514 b. Disclose matters that are specifically exempted from disclosure by federal
15law.
SB517,25,1716 c. Disclose financial or commercial information that is privileged, proprietary,
17or confidential in nature.
SB517,25,1818 d. Involve accusing a person of a crime or formally censuring a person.
SB517,25,2119 e. Disclose information that is of a personal nature, if disclosure of the
20information would constitute a clearly unwarranted invasion of personal privacy or
21would physically endanger one or more persons.
SB517,25,2322 f. Disclose investigative records that have been compiled for law enforcement
23purposes.
SB517,25,2524 g. Specifically relate to the interstate commission's participation in a civil
25action or other legal proceeding.
SB517,26,10
13. For a meeting, or portion of a meeting, that is closed under subd. 2., the
2interstate commission's legal counsel or designee shall certify that the meeting may
3be closed and shall reference each provision under subd. 2. authorizing closure of the
4meeting. The interstate commission shall keep minutes that shall fully and clearly
5describe all matters discussed in a meeting and shall provide a full and accurate
6summary of actions taken and the reasons for those actions, including a description
7of the views expressed and the record of a roll call vote. All documents considered
8in connection with an action shall be identified in the minutes. All minutes and
9documents of a closed meeting shall remain under seal, subject to release by a
10majority vote of the interstate commission or by court order.
SB517,26,1211 4. The bylaws may provide for meetings of the interstate commission to be
12conducted by telecommunication or other electronic communication.
SB517,26,1813 (c) Officers and staff. 1. The interstate commission may, through its executive
14committee, appoint or retain a staff director for such period, upon such terms and
15conditions, and for such compensation as the interstate commission may consider
16appropriate. The staff director shall serve as secretary to the interstate commission,
17but may not have a vote. The staff director may hire and supervise such other staff
18as may be authorized by the interstate commission.
SB517,26,2219 2. The interstate commission shall elect, from among its members, a
20chairperson and a vice chairperson of the executive committee and other necessary
21officers, each of whom shall have such authority and duties as may be specified in
22the bylaws.
SB517,27,823 (d) Qualified immunity, defense, and indemnification. 1. The staff director,
24employees, and representatives of the interstate commission shall be immune from
25suit and liability, either personally or in their official capacity, for a claim for damage

1to or loss of property, personal injury, or other civil liability caused by, arising out of,
2or relating to an actual or alleged act, error, or omission that occurred within the
3scope of interstate commission employment, duties, or responsibilities or that the
4person had a reasonable basis for believing occurred within the scope of interstate
5commission employment, duties, or responsibilities, except that this subdivision
6does not protect any person from suit or liability for any damage, loss, injury, or
7liability caused by a criminal act or the intentional or willful and wanton misconduct
8of that person.
SB517,27,179 2. The liability of the staff director, employees, and representatives of the
10interstate commission, acting within the scope of that person's employment, duties,
11or responsibilities, for any act, error, or omission occurring within that person's state
12may not exceed the limits of liability set forth under the constitution and laws of that
13state for state officials, employees, and agents, except that this subdivision does not
14protect any person from suit or liability for any damage, loss, injury, or liability
15caused by a criminal act or the intentional or willful and wanton misconduct of that
16person. The interstate commission is considered to be an instrumentality of the state
17for the purposes of any such action.
SB517,28,218 3. The interstate commission shall defend the staff director and employees of
19the interstate commission and, subject to the approval of the attorney general or
20other appropriate legal counsel of the member state, shall defend the commissioner
21of a member state in any civil action seeking to impose liability arising out of an
22actual or alleged act, error, or omission that occurred within the scope of interstate
23commission employment, duties, or responsibilities or that the person had a
24reasonable basis for believing occurred within the scope of interstate commission

1employment, duties, or responsibilities, if the actual or alleged act, error, or omission
2did not result from the intentional or willful and wanton misconduct of that person.
SB517,28,113 4. To the extent not covered by the state involved, the member state, or the
4interstate commission, the staff director, employees, and representatives of the
5interstate commission shall be held harmless in the amount of any settlement or
6judgment, including attorney fees and costs, obtained against those persons arising
7out of an actual or alleged act, error, or omission that occurred within the scope of
8interstate commission employment, duties, or responsibilities or that the person had
9a reasonable basis for believing occurred within the scope of interstate commission
10employment, duties, or responsibilities, if the actual or alleged act, error, or omission
11did not result from the intentional or willful and wanton misconduct of that person.
SB517,28,14 12(11) Article XI - Rule-Making Functions of the Interstate Commission. (a)
13The interstate commission shall promulgate and publish rules in order to effectively
14and efficiently achieve the purposes of the compact.
SB517,28,2215 (b) Rule making shall occur under the criteria set forth in this subsection and
16the bylaws and rules adopted under this subsection. Rule making shall substantially
17conform to the principles of the Model State Administrative Procedures Act, 1981
18Act, Uniform Laws Annotated, volume 15, page 1 (2000), or any other administrative
19procedure act that the interstate commission considers appropriate, consistent with
20the due process requirements under the U.S. Constitution. All rules and
21amendments to the rules shall become binding as of the date specified in the final
22rule or amendment as approved by the interstate commission.
SB517,28,2423 (c) When promulgating a rule, the interstate commission shall do all of the
24following:
SB517,29,2
11. Publish the entire text of the proposed rule and state the reason for the
2proposed rule.
SB517,29,53 2. Allow and invite persons to submit written data, facts, opinions, and
4arguments, which shall be added to the rule-making record and be made publicly
5available.
SB517,29,76 3. Promulgate a final rule and its effective date, if appropriate, based on input
7from state or local officials and other interested parties.
SB517,29,108 (d) Rules promulgated by the interstate commission shall have the force and
9effect of administrative rules and shall be binding in the compacting states to the
10extent and in the manner provided for in this compact.
SB517,29,1611 (e) Not later than 60 days after a rule is promulgated, an interested person may
12file a petition in the U.S. district court for the District of Columbia or in the federal
13district court for the district in which the interstate commission's principal office is
14located for judicial review of that rule. If the court finds that the interstate
15commission's action is not supported by substantial evidence in the rule-making
16record, the court shall hold the rule unlawful and set the rule aside.
SB517,29,1917 (f) If a majority of the legislatures of the member states reject a rule, those
18states may by enactment of a statute or resolution in the same manner used to adopt
19the compact cause the rule to have no further force and effect in any member state.
SB517,29,2320 (g) The rules governing the operation of the Interstate Compact on the
21Placement of Children under ss. 48.988 and 48.989 shall be void no less than 12, but
22no more than 24, months after the first meeting of the interstate commission, as
23determined by the members during the first meeting.
SB517,29,2524 (h) Within the first 12 months of operation, the interstate commission shall
25promulgate rules addressing all of the following:
SB517,30,1
11. Transition from the Interstate Compact on the Placement of Children.
SB517,30,22 2. Forms and procedures.
SB517,30,33 3. Timelines.
SB517,30,44 4. Data collection and reporting.
SB517,30,55 5. Rule making.
SB517,30,66 6. Visitation.
SB517,30,77 7. Progress reports and supervision.
SB517,30,88 8. Sharing of information and confidentiality.
SB517,30,99 9. Financing of the interstate commission.
SB517,30,1010 10. Mediation, arbitration, and dispute resolution.
SB517,30,1111 11. Education, training, and technical assistance.
SB517,30,1212 12. Enforcement.
SB517,30,1313 13. Coordination with other interstate compacts.
SB517,30,1614 (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:
SB517,30,1817 a. Protect the children covered by this compact from an imminent threat to
18their health, safety, and well-being.
SB517,30,1919 b. Prevent the loss of federal or state funds.
SB517,30,2120 c. Meet a deadline for the promulgation of an administrative rule required by
21federal law.
SB517,30,2522 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.
SB517,31,2
13. An emergency rule shall be promulgated as provided for in the rules of the
2interstate commission.
SB517,31,5 3(12) Article XII - Oversight, Dispute Resolution, and Enforcement. (a)
4Oversight. 1. The interstate commission shall oversee the administration and
5operations of the compact.
SB517,31,106 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.
SB517,31,1311 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.
SB517,31,2014 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.
SB517,31,2421 (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.
SB517,32,4
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.
SB517,32,85 (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:
SB517,32,99 a. Provide remedial training and specific technical assistance.
SB517,32,1210 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.
SB517,32,1913 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.
SB517,32,2120 d. Avail itself of any other remedies available under state law or the regulation
21of official or professional conduct.
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