HB 1409

1	A bill to be entitled
2	An act relating to the interstate placement of children;
3	creating s. 409.408, F.S.; authorizing the department to
4	execute a new interstate compact on the placement of
5	children; providing purpose of the compact; providing
6	definitions; providing applicability; establishing
7	jurisdiction; providing for evaluation of placement;
8	requiring approval by the child-placing agency in the
9	receiving state prior to placement of a child; providing
10	for administrative and judicial review of the
11	determination regarding placement of the child; providing
12	responsibilities of the child-placing agency; establishing
13	the Interstate Commission for the Placement of Children;
14	providing powers and duties of the commission; providing
15	for organization and operation of the commission;
16	providing rulemaking authority; authorizing the commission
17	to oversee administration and operation of the compact,
18	resolve disputes, and enforce rules pertaining thereto;
19	providing for financing of the commission; establishing
20	criteria for member states; providing an effective date
21	for the compact; providing conditions for amendment of,
22	withdrawal from, and dissolution of the compact; providing
23	for severability and construction; providing for effect of
24	the compact on other laws; providing for Indian tribes to
25	participate in the compact; creating s. 409.409, F.S.;
26	providing for current statutory provisions to remain in
27	effect until the new interstate compact on the placement
28	of children becomes law; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Section 409.408, Florida Statutes, is created
33	to read:
34	409.408  Execution of compact.--Effective July 1, 2009, or
35	upon the enactment of the compact into law by the 35th
36	compacting state, whichever date occurs later, the Governor is
37	hereby authorized and directed to execute a compact on behalf of
38	this state with any other state or states legally joining
39	therein in the form substantially as follows:
40
41	INTERSTATE COMPACT FOR
42	THE PLACEMENT OF CHILDREN
43
44	ARTICLE I.  PURPOSE
45
46	The purpose of this Interstate Compact for the Placement of
47	Children is to:
48	A.  Provide a process through which children subject to
49	this compact are placed in safe and suitable homes in a timely
50	manner.
51	B.  Facilitate ongoing supervision of a placement, the
52	delivery of services, and communication between the member
53	states.
54	C.  Provide operating procedures that will ensure that
55	children are placed in safe and suitable homes in a timely
56	manner.
57	D.  Provide for the promulgation and enforcement of
58	administrative rules implementing the provisions of this compact
59	and regulating the covered activities of the member states.
60	E.  Provide for uniform data collection and information
61	sharing between member states under this compact.
62	F.  Promote coordination between this compact, the
63	Interstate Compact for Juveniles, the Interstate Compact on
64	Adoption and Medical Assistance, and other compacts affecting
65	the placement of and which provide services to children
66	otherwise subject to this compact.
67	G.  Provide for a state's continuing legal jurisdiction and
68	responsibility for placement and care of a child that it would
69	have had if the placement were intrastate.
70	H.  Provide for the promulgation of guidelines, in
71	collaboration with Indian tribes, for interstate cases involving
72	Indian children as is or may be permitted by federal law.
73
74	ARTICLE II.  DEFINITIONS
75
76	As used in this compact,
77	A.  "Approved placement" means the public child-placing
78	agency in the receiving state has determined that the placement
79	is both safe and suitable for the child.
80	B.  "Assessment" means an evaluation of a prospective
81	placement by a public child-placing agency in the receiving
82	state to determine if the placement meets the individualized
83	needs of the child, including but not limited to the child's
84	safety and stability, health and well-being, and mental,
85	emotional, and physical development. An assessment is only
86	applicable to a placement by a public child-placing agency.
87	C.  "Child" means an individual who has not attained the
88	age of 18.
89	D.  "Certification" means to attest, declare, or swear to
90	before a judge or notary public.
91	E.  "Default" means the failure of a member state to
92	perform the obligations or responsibilities imposed upon it by
93	this compact, the bylaws or rules of the Interstate Commission.
94	F.  "Home study" means an evaluation of a home environment
95	conducted in accordance with the applicable requirements of the
96	state in which the home is located, and documents the
97	preparation and the suitability of the placement resource for
98	placement of a child in accordance with the laws and
99	requirements of the state in which the home is located.
100	G.  "Indian tribe" means any Indian tribe, band, nation, or
101	other organized group or community of Indians recognized as
102	eligible for services provided to Indians by the Secretary of
103	the Interior because of their status as Indians, including any
104	Alaskan native village as defined in s. 3 (c) of the Alaska
105	Native Claims Settlement Act, 43 U.S.C. s. 1602(c).
106	H.  "Interstate Commission for the Placement of Children"
107	means the commission that is created under article VIII of this
108	compact and which is generally referred to as the Interstate
109	Commission.
110	I.  "Jurisdiction" means the power and authority of a court
111	to hear and decide matters.
112	J.  "Legal risk placement" or "legal risk adoption" means a
113	placement made preliminary to an adoption where the prospective
114	adoptive parents acknowledge in writing that a child can be
115	ordered returned to the sending state or the birth mother's
116	state of residence, if different from the sending state, and a
117	final decree of adoption shall not be entered in any
118	jurisdiction until all required consents are obtained or are
119	dispensed with in accordance with applicable law.
120	K.  "Member state" means a state that has enacted this
121	compact.
122	L.  "Noncustodial parent" means a person who, at the time
123	of the commencement of court proceedings in the sending state,
124	does not have sole legal custody of the child or has joint legal
125	custody of a child, and who is not the subject of allegations or
126	findings of child abuse or neglect.
127	M.  "Nonmember state" means a state which has not enacted
128	this compact.
129	N.  "Notice of residential placement" means information
130	regarding a placement into a residential facility provided to
131	the receiving state including, but not limited to the name, date
132	of birth, and place of birth of the child, the identity and
133	address of the parent or legal guardian, evidence of authority
134	to make the placement, and the name and address of the facility
135	in which the child will be placed. Notice of residential
136	placement shall also include information regarding a discharge
137	and any unauthorized absence from the facility.
138	O.  "Placement" means the act by a public or private child-
139	placing agency intended to arrange for the care or custody of a
140	child in another state.
141	P.  "Private child-placing agency" means any private
142	corporation, agency, foundation, institution, or charitable
143	organization, or any private person or attorney that
144	facilitates, causes, or is involved in the placement of a child
145	from one state to another and that is not an instrumentality of
146	the state or acting under color of state law.
147	Q.  "Provisional placement" means a determination made by
148	the public child-placing agency in the receiving state that the
149	proposed placement is safe and suitable, and, to the extent
150	allowable, the receiving state has temporarily waived its
151	standards or requirements otherwise applicable to prospective
152	foster or adoptive parents so as to not delay the placement.
153	Completion of the receiving state requirements regarding
154	training for prospective foster or adoptive parents shall not
155	delay an otherwise safe and suitable placement.
156	R.  "Public child-placing agency" means any government
157	child welfare agency or child protection agency or a private
158	entity under contract with such an agency, regardless of whether
159	the agency or entity acts on behalf of a state, county,
160	municipality, or other governmental unit and which facilitates,
161	causes, or is involved in the placement of a child from one
162	state to another.
163	S.  "Receiving state" means the state to which a child is
164	sent, brought, or caused to be sent or brought.
165	T.  "Relative" means someone who is related to the child as
166	a parent, stepparent, sibling by half or whole blood or by
167	adoption, grandparent, aunt, uncle, or first cousin or a
168	nonrelative with significant ties to the child and may be
169	regarded as a relative as determined by the court in the sending
170	state.
171	U.  "Residential facility" means a facility providing a
172	level of care that is sufficient to substitute for parental
173	responsibility or foster care, and is beyond what is needed for
174	assessment or treatment of an acute condition.  For purposes of
175	the compact, residential facilities do not include institutions
176	primarily educational in character, hospitals, or other medical
177	facilities.
178	V.  "Rule" means a written directive, mandate, standard, or
179	principle issued by the Interstate Commission promulgated
180	pursuant to Article XI of this compact that is of general
181	applicability and that implements, interprets, or prescribes a
182	policy or provision of the compact. "Rule" has the force and
183	effect of an administrative rule in a member state and includes
184	the amendment, repeal, or suspension of an existing rule.
185	W.  "Sending state" means the state from which the
186	placement of a child is initiated.
187	X.  "Service member's permanent duty station" means the
188	military installation where an active duty United States Armed
189	Services member is currently assigned and is physically located
190	under competent orders that do not specify the duty as
191	temporary.
192	Y.  "Service member's state of legal residence" means the
193	state in which the active duty United States Armed Services
194	member is considered a resident for tax and voting purposes.
195	Z.  "State" means a state of the United States, the
196	District of Columbia, the Commonwealth of Puerto Rico, the
197	United States Virgin Islands, Guam, American Samoa, the Northern
198	Marianas Islands and any other territory of the United States.
199	AA.  "State court" means a judicial body of a state that is
200	vested by law with responsibility for adjudicating cases
201	involving abuse, neglect, deprivation, delinquency, or status
202	offenses of individuals who have not attained the age of 18.
203	BB.  "Supervision" means monitoring provided by the
204	receiving state once a child has been placed in a receiving
205	state pursuant to this compact.
206
207	ARTICLE III.  APPLICABILITY
208
209	A.  Except as otherwise provided in Article III, Section B,
210	this compact shall apply to:
211	1.  The interstate placement of a child subject to ongoing
212	court jurisdiction in the sending state, due to allegations or
213	findings that the child has been abused, neglected, or deprived
214	as defined by the laws of the sending state; provided, however,
215	that the placement of such a child into a residential facility
216	shall only require notice of residential placement to the
217	receiving state prior to placement.
218	2.  The interstate placement of a child adjudicated
219	delinquent or unmanageable based on the laws of the sending
220	state and subject to ongoing court jurisdiction of the sending
221	state if:
222	a.  The child is being placed in a residential facility in
223	another member state and is not covered under another compact;
224	or
225	b.  The child is being placed in another member state and
226	the determination of safety and suitability of the placement and
227	services required is not provided through another compact.
228	3.  The interstate placement of any child by a public
229	child-placing agency or private child-placing agency as defined
230	in this compact as a preliminary step to a possible adoption.
231	B.  The provisions of this compact shall not apply to:
232	1.  The interstate placement of a child in a custody
233	proceeding in which a public child-placing agency is not a
234	party; provided, however, that the placement is not intended to
235	effectuate an adoption.
236	2.  The interstate placement of a child with a nonrelative
237	in a receiving state by a parent with the legal authority to
238	make such a placement; provided, however, that the placement is
239	not intended to effectuate an adoption.
240	3.  The interstate placement of a child by a relative with
241	the lawful authority to make such a placement directly with a
242	relative in a receiving state.
243	4.  The placement of a child not subject to Article III,
244	Section A, into a residential facility by his parent.
245	5.  The placement of a child with a noncustodial parent
246	provided that:
247	a.  The noncustodial parent proves to the satisfaction of a
248	court in the sending state a substantial relationship with the
249	child; and
250	b.  The court in the sending state makes a written finding
251	that placement with the noncustodial parent is in the best
252	interests of the child; and
253	c.  The court in the sending state dismisses its
254	jurisdiction over the child's case.
255	6.  A child entering the United States from a foreign
256	country for the purpose of adoption or leaving the United States
257	to go to a foreign country for the purpose of adoption in that
258	country.
259	7.  Cases in which a United States citizen child living
260	overseas with his or her family, at least one of whom is in the
261	United States Armed Services and who is stationed overseas, is
262	removed and placed in a state.
263	8.  The sending of a child by a public child-placing agency
264	or a private child-placing agency for a visit as defined by the
265	rules of the Interstate Commission.
266	C.  For purposes of determining the applicability of this
267	compact to the placement of a child with a family in the United
268	States Armed Services, the public child-placing agency or
269	private child-placing agency may choose the state of the service
270	member's permanent duty station or the service member's declared
271	legal residence.
272	D.  Nothing in this compact shall be construed to prohibit
273	the concurrent application of the provisions of this compact
274	with other applicable interstate compacts, including the
275	Interstate Compact for Juveniles and the Interstate Compact on
276	Adoption and Medical Assistance. The Interstate Commission may,
277	in cooperation with other interstate compact commissions having
278	responsibility for the interstate movement, placement, or
279	transfer of children, promulgate like rules to ensure the
280	coordination of services, timely placement of children, and the
281	reduction of unnecessary or duplicative administrative or
282	procedural requirements.
283
284	ARTICLE IV.  JURISDICTION
285
286	A.  Except as provided in Article IV, Section G, and
287	Article V, Section B, paragraphs 2. and 3., concerning private
288	and independent adoptions, and in interstate placements in which
289	the public child-placing agency is not a party to a custody
290	proceeding, the sending state shall retain jurisdiction over a
291	child with respect to all matters of custody and disposition of
292	the child which it would have had if the child had remained in
293	the sending state. Such jurisdiction shall also include the
294	power to order the return of the child to the sending state.
295	B.  When an issue of child protection or custody is brought
296	before a court in the receiving state, such court shall confer
297	with the court of the sending state to determine the most
298	appropriate forum for adjudication.
299	C.  In accordance with its own laws, the court in the
300	sending state shall have authority to terminate its jurisdiction
301	if:
302	1.  The child is reunified with the parent in the receiving
303	state who is the subject of allegations or findings of abuse or
304	neglect, only with the concurrence of the public child-placing
305	agency in the receiving state; or
306	2.  The child is adopted; or
307	3.  The child reaches the age of majority under the laws of
308	the sending state; or
309	4.  The child achieves legal independence pursuant to the
310	laws of the sending state; or
311	5.  A guardianship is created by a court in the receiving
312	state with the concurrence of the court in the sending state; or
313	6.  An Indian tribe has petitioned for and received
314	jurisdiction from the court in the sending state; or
315	7.  The public child-placing agency of the sending state
316	requests termination and has obtained the concurrence of the
317	public child-placing agency in the receiving the state.
318	D.  When a sending state court terminates its jurisdiction,
319	the receiving state child-placing agency shall be notified.
320	E.  Nothing in this article shall defeat a claim of
321	jurisdiction by a receiving state court sufficient to deal with
322	an act of truancy, delinquency, crime, or behavior involving a
323	child as defined by the laws of the receiving state committed by
324	the child in the receiving state which would be a violation of
325	its laws.
326	F.  Nothing in this article shall limit the receiving
327	state's ability to take emergency jurisdiction for the
328	protection of the child.
329	G.  The substantive laws of the state in which an adoption
330	will be finalized shall solely govern all issues relating to the
331	adoption of the child and the court in which the adoption
332	proceeding is filed shall have subject matter jurisdiction
333	regarding all substantive issues relating to the adoption,
334	except:
335	1.  When the child is a ward of another court that
336	established jurisdiction over the child prior to the placement;
337	or
338	2.  When the child is in the legal custody of a public
339	agency in the sending state; or
340	3.  When a court in the sending state has otherwise
341	appropriately assumed jurisdiction over the child, prior to the
342	submission of the request for approval of placement.
343	H.  A final decree of adoption shall not be entered in any
344	jurisdiction until the placement is authorized as an "approved
345	placement" by the public child-placing agency in the receiving
346	state.
347
348	ARTICLE V.  PLACEMENT EVALUATION
349
350	A.  Prior to sending, bringing, or causing a child to be
351	sent or brought into a receiving state, the public child-placing
352	agency shall provide a written request for assessment to the
353	receiving state.
354	B.  For placements by a private child-placing agency, a
355	child may be sent or brought, or caused to be sent or brought,
356	into a receiving state, upon receipt and immediate review of the
357	required content in a request for approval of a placement in
358	both the sending and receiving state public child-placing
359	agency. The required content to accompany a request for
360	approval shall include all of the following:
361	1.  A request for approval identifying the child, birth
362	parent(s), the prospective adoptive parent(s), and the
363	supervising agency, signed by the person requesting approval;
364	and
365	2.  The appropriate consents or relinquishments signed by
366	the birth parents in accordance with the laws of the sending
367	state or where permitted the laws of the state where the
368	adoption will be finalized; and
369	3.  Certification by a licensed attorney or authorized
370	agent of a private adoption agency that the consent or
371	relinquishment is in compliance with the applicable laws of the
372	sending state, or where permitted the laws of the state where
373	finalization of the adoption will occur; and
374	4.  A home study; and
375	5.  An acknowledgment of legal risk signed by the
376	prospective adoptive parents.
377	C.  The sending state and the receiving state may request
378	additional information or documents prior to finalization of an
379	approved placement, but  may not delay travel by the prospective
380	adoptive parents with the child if the required content for
381	approval has been submitted, received and reviewed by the public
382	child-placing agency in both the sending state and the receiving
383	state.
384	D.  Approval from the public child-placing agency in the
385	receiving state for a provisional or approved placement is
386	required as provided for in the rules of the Interstate
387	Commission.
388	E.  The procedures for making and the request for an
389	assessment shall contain all information and be in such form as
390	provided for in the rules of the Interstate Commission.
391	F.  Upon receipt of a request from the public child-placing
392	agency of the sending state, the receiving state shall initiate
393	an assessment of the proposed placement to determine its safety
394	and suitability. If the proposed placement is a placement with a
395	relative, the public child-placing agency of the sending state
396	may request a determination for a provisional placement.
397	G.  The public child-placing agency in the receiving state
398	may request from the public child-placing agency or the private
399	child-placing agency in the sending state, and shall be entitled
400	to receive supporting or additional information necessary to
401	complete the assessment or approve the placement.
402	H.  The public child-placing agency in the receiving state
403	shall approve a provisional placement and complete or arrange
404	for the completion of the assessment within the timeframes
405	established by the rules of the Interstate Commission.
406	I.  For a placement by a private child-placing agency, the
407	sending state shall not impose any additional requirements to
408	complete the home study that are not required by the receiving
409	state, unless the adoption is finalized in the sending state.
410	J.  The Interstate Commission may develop uniform standards
411	for the assessment of the safety and suitability of interstate
412	placements.
413
414	ARTICLE VI.  PLACEMENT AUTHORITY
415
416	A.  Except as otherwise provided in this compact, no child
417	subject to this compact shall be placed into a receiving state
418	until approval for such placement is obtained.
419	B.  If the public child-placing agency in the receiving
420	state does not approve the proposed placement then the child
421	shall not be placed. The receiving state shall provide written
422	documentation of any such determination in accordance with the
423	rules promulgated by the Interstate Commission. Such
424	determination is not subject to judicial review in the sending
425	state.
426	C.  If the proposed placement is not approved, any
427	interested party shall have standing to seek an administrative
428	review of the receiving state's determination.
429	1.  The administrative review and any further judicial
430	review associated with the determination shall be conducted in
431	the receiving state pursuant to its applicable administrative
432	procedures.
433	2.  If a determination not to approve the placement of the
434	child in the receiving state is overturned upon review, the
435	placement shall be deemed approved; provided, however, that all
436	administrative or judicial remedies have been exhausted or the
437	time for such remedies has passed.
438
439	ARTICLE VII.  PLACING AGENCY RESPONSIBILITY
440
441	A.  For the interstate placement of a child made by a
442	public child-placing agency or state court:
443	1.  The public child-placing agency in the sending state
444	shall have financial responsibility for:
445	a.  The ongoing support and maintenance for the child
446	during the period of the placement, unless otherwise provided
447	for in the receiving state; and
448	b.  As determined by the public child-placing agency in the
449	sending state, services for the child beyond the public services
450	for which the child is eligible in the receiving state.
451	2.  The receiving state shall only have financial
452	responsibility for:
453	a.  Any assessment conducted by the receiving state; and
454	b.  Supervision conducted by the receiving state at the
455	level necessary to support the placement as agreed upon by the
456	public child-placing agencies of the receiving and sending
457	state.
458	3.  Nothing in this provision shall prohibit public child-
459	placing agencies in the sending state from entering into
460	agreements with licensed agencies or persons in the receiving
461	state to conduct assessments and provide supervision.
462	B.  For the placement of a child by a private child-placing
463	agency preliminary to a possible adoption, the private child-
464	placing agency shall be:
465	1.  Legally responsible for the child during the period of
466	placement as provided for in the law of the sending state until
467	the finalization of the adoption.
468	2.  Financially responsible for the child absent a
469	contractual agreement to the contrary.
470	C.  The public child-placing agency in the receiving state
471	shall provide timely assessments, as provided for in the rules
472	of the Interstate Commission.
473	D.  The public child-placing agency in the receiving state
474	shall provide, or arrange for the provision of, supervision and
475	services for the child, including timely reports, during the
476	period of the placement.
477	E.  Nothing in this compact shall be construed as to limit
478	the authority of the public child-placing agency in the
479	receiving state from contracting with a licensed agency or
480	person in the receiving state for an assessment or the provision
481	of supervision or services for the child or otherwise
482	authorizing the provision of supervision or services by a
483	licensed agency during the period of placement.
484	F.  Each member state shall provide for coordination among
485	its branches of government concerning the state's participation
486	in, and compliance with, the compact and Interstate Commission
487	activities through the creation of an advisory council or use of
488	an existing body or board.
489	G.  Each member state shall establish a central state
490	compact office, which shall be responsible for state compliance
491	with the compact and the rules of the Interstate Commission.
492	H.  The public child-placing agency in the sending state
493	shall oversee compliance with the provisions of the Indian Child
494	Welfare Act, 25 U.S.C. ss. 1901 et seq. for placements subject
495	to the provisions of this compact, prior to placement.
496	I.  With the consent of the Interstate Commission, states
497	may enter into limited agreements that facilitate the timely
498	assessment and provision of services and supervision of
499	placements under this compact.
500
501	ARTICLE VIII.  INTERSTATE COMMISSION
502	FOR THE PLACEMENT OF CHILDREN
503
504	The member states hereby establish, by way of this compact,
505	a commission known as the "Interstate Commission for the
506	Placement of Children." The activities of the Interstate
507	Commission are the formation of public policy and are a
508	discretionary state function. The Interstate Commission shall:
509	A.  Be a joint commission of the member states and shall
510	have the responsibilities, powers, and duties set forth herein,
511	and such additional powers as may be conferred upon it by
512	subsequent concurrent action of the respective legislatures of
513	the member states.
514	B.  Consist of one commissioner from each member state who
515	shall be appointed by the executive head of the state human
516	services administration with ultimate responsibility for the
517	child welfare program. The appointed commissioner shall have the
518	legal authority to vote on policy-related matters governed by
519	this compact binding the state.
520	1.  Each member state represented at a meeting of the
521	Interstate Commission is entitled to one vote.
522	2.  A majority of the member states shall constitute a
523	quorum for the transaction of business, unless a larger quorum
524	is required by the bylaws of the Interstate Commission.
525	3.  A representative shall not delegate a vote to another
526	member state.
527	4.  A representative may delegate voting authority to
528	another person from their state for a specified meeting.
529	C.  In addition to the commissioners of each member state,
530	the Interstate Commission shall include persons who are members
531	of interested organizations as defined in the bylaws or rules of
532	the Interstate Commission. Such members shall be ex officio and
533	shall not be entitled to vote on any matter before the
534	Interstate Commission.
535	D.  Establish an executive committee which shall have the
536	authority to administer the day-to-day operations and
537	administration of the Interstate Commission. It shall not have
538	the power to engage in rulemaking.
539
540	ARTICLE IX.  POWERS AND DUTIES
541	OF THE INTERSTATE COMMISSION
542
543	The Interstate Commission shall have the following powers:
544	A.  To promulgate rules and take all necessary actions to
545	effect the goals, purposes, and obligations as enumerated in
546	this compact.
547	B.  To provide for dispute resolution among member states.
548	C.  To issue, upon request of a member state, advisory
549	opinions concerning the meaning or interpretation of the
550	interstate compact, its bylaws, rules, or actions.
551	D.  To enforce compliance with this compact or the bylaws
552	or rules of the Interstate Commission pursuant to article XII.
553	E.  Collect standardized data concerning the interstate
554	placement of children subject to this compact as directed
555	through its rules which shall specify the data to be collected,
556	the means of collection, and data exchange and reporting
557	requirements.
558	F.  To establish and maintain offices as may be necessary
559	for the transacting of its business.
560	G.  To purchase and maintain insurance and bonds.
561	H.  To hire or contract for services of personnel or
562	consultants as necessary to carry out its functions under the
563	compact and establish personnel qualification policies and rates
564	of compensation.
565	I.  To establish and appoint committees and officers
566	including, but not limited to, an executive committee as
567	required by Article X.
568	J.  To accept any and all donations and grants of money,
569	equipment, supplies, materials, and services, and to receive,
570	utilize, and dispose thereof.
571	K.  To lease, purchase, accept contributions or donations
572	of, or otherwise to own, hold, improve, or use any property,
573	real, personal, or mixed.
574	L.  To sell, convey, mortgage, pledge, lease, exchange,
575	abandon, or otherwise dispose of any property, real, personal or
576	mixed.
577	M.  To establish a budget and make expenditures.
578	N.  To adopt a seal and bylaws governing the management and
579	operation of the Interstate Commission.
580	O.  To report annually to the legislatures, governors, the
581	judiciary, and state advisory councils of the member states
582	concerning the activities of the Interstate Commission during
583	the preceding year. Such reports shall also include any
584	recommendations that may have been adopted by the Interstate
585	Commission.
586	P.  To coordinate and provide education, training and
587	public awareness regarding the interstate movement of children
588	for officials involved in such activity.
589	Q.  To maintain books and records in accordance with the
590	bylaws of the Interstate Commission.
591	R.  To perform such functions as may be necessary or
592	appropriate to achieve the purposes of this compact.
593
594	ARTICLE X.  ORGANIZATION AND OPERATION
595	OF THE INTERSTATE COMMISSION
596
597	A.  Bylaws.
598	1.  Within 12 months after the first Interstate Commission
599	meeting, the Interstate Commission shall adopt bylaws to govern
600	its conduct as may be necessary or appropriate to carry out the
601	purposes of the compact.
602	2.  The Interstate Commission's bylaws and rules shall
603	establish conditions and procedures under which the Interstate
604	Commission shall make its information and official records
605	available to the public for inspection or copying. The
606	Interstate Commission may exempt from disclosure information or
607	official records to the extent they would adversely affect
608	personal privacy rights or proprietary interests.
609	B.  Meetings.
610	1.  The Interstate Commission shall meet at least once each
611	calendar year. The chairperson may call additional meetings and,
612	upon the request of a simple majority of the member states,
613	shall call additional meetings.
614	2.  Public notice shall be given by the Interstate
615	Commission of all meetings and all meetings shall be open to the
616	public, except as set forth in the rules or as otherwise
617	provided in the compact. The Interstate Commission and its
618	committees may close a meeting, or portion thereof, when it
619	determines by two-thirds vote that an open meeting would be
620	likely to:
621	a.  Relate solely to the Interstate Commission's internal
622	personnel practices and procedures; or
623	b.  Disclose matters specifically exempted from disclosure
624	by federal law; or
625	c.  Disclose financial or commercial information which is
626	privileged, proprietary, or confidential in nature; or
627	d.  Involve accusing a person of a crime, or formally
628	censuring a person; or
629	e.  Disclose information of a personal nature when
630	disclosure would constitute a clearly unwarranted invasion of
631	personal privacy or physically endanger one or more persons; or
632	f.  Disclose investigative records compiled for law
633	enforcement purposes; or
634	g.  Specifically relate to the Interstate Commission's
635	participation in a civil action or other legal proceeding.
636	3.  For a meeting, or portion of a meeting, closed pursuant
637	to this provision, the Interstate Commission's legal counsel or
638	designee shall certify that the meeting may be closed and shall
639	reference each relevant exemption provision. The Interstate
640	Commission shall keep minutes which shall fully and clearly
641	describe all matters discussed in a meeting and shall provide a
642	full and accurate summary of actions taken, and the reasons
643	therefore, including a description of the views expressed and
644	the record of a roll call vote. All documents considered in
645	connection with an action shall be identified in such minutes.
646	All minutes and documents of a closed meeting shall remain under
647	seal, subject to release by a majority vote of the Interstate
648	Commission or by court order.
649	4.  The bylaws may provide for meetings of the Interstate
650	Commission to be conducted by telecommunication or other
651	electronic communication.
652	C.  Officers and Staff.
653	1.  The Interstate Commission may, through its executive
654	committee, appoint or retain a staff director for such period,
655	upon such terms and conditions, and for such compensation as the
656	Interstate Commission may deem appropriate. The staff director
657	shall serve as secretary to the Interstate Commission, but shall
658	not have a vote. The staff director may hire and supervise such
659	other staff as may be authorized by the Interstate Commission.
660	2.  The Interstate Commission shall elect, from among its
661	members, a chairperson and a vice chairperson of the executive
662	committee and other necessary officers, each of whom shall have
663	such authority and duties as may be specified in the bylaws.
664	D.  Qualified Immunity, Defense, and Indemnification.
665	1.  The Interstate Commission's staff director and its
666	employees shall be immune from suit and liability, either
667	personally or in their official capacity, for a claim for damage
668	to or loss of property or personal injury or other civil
669	liability caused or arising out of or relating to an actual or
670	alleged act, error, or omission that occurred, or that such
671	person had a reasonable basis for believing occurred, within the
672	scope of Interstate Commission employment, duties, or
673	responsibilities, provided that such person shall not be
674	protected from suit or liability for damage, loss, injury, or
675	liability caused by a criminal act or the intentional or willful
676	and wanton misconduct of such person.
677	a.  The liability of the Interstate Commission's staff
678	director and employees or Interstate Commission representatives,
679	acting within the scope of such person's employment or duties
680	for acts, errors, or omissions occurring within such person's
681	state may not exceed the limits of liability set forth under the
682	constitution and laws of that state for state officials,
683	employees, and agents. The Interstate Commission is considered
684	to be an instrumentality of the member states for the purposes
685	of any such action. Nothing in this subsection shall be
686	construed to protect such person from suit or liability for
687	damage, loss, injury, or liability caused by a criminal act or
688	the intentional or willful and wanton misconduct of such person.
689	b.  The Interstate Commission shall defend the staff
690	director and its employees and, subject to the approval of the
691	Attorney General or other appropriate legal counsel of the
692	member state, shall defend the commissioner of a member state in
693	a civil action seeking to impose liability arising out of an
694	actual or alleged act, error, or omission that occurred within
695	the scope of Interstate Commission employment, duties, or
696	responsibilities, or that the defendant had a reasonable basis
697	for believing occurred within the scope of Interstate Commission
698	employment, duties, or responsibilities, provided that the
699	actual or alleged act, error, or omission did not result from
700	intentional or willful and wanton misconduct on the part of such
701	person.
702	c.  To the extent not covered by the state involved, member
703	state, or the Interstate Commission, the representatives or
704	employees of the Interstate Commission shall be held harmless in
705	the amount of a settlement or judgment, including attorney's
706	fees and costs, obtained against such persons arising out of an
707	actual or alleged act, error, or omission that occurred within
708	the scope of Interstate Commission employment, duties, or
709	responsibilities, or that such persons had a reasonable basis
710	for believing occurred within the scope of Interstate Commission
711	employment, duties, or responsibilities, provided that the
712	actual or alleged act, error, or omission did not result from
713	intentional or willful and wanton misconduct on the part of such
714	persons.
715
716	ARTICLE XI.  RULEMAKING FUNCTIONS
717	OF THE INTERSTATE COMMISSION
718
719	A.  The Interstate Commission shall promulgate and publish
720	rules in order to effectively and efficiently achieve the
721	purposes of the compact.
722	B.  Rulemaking shall occur pursuant to the criteria set
723	forth in this article and the bylaws and rules adopted pursuant
724	thereto. Such rulemaking shall substantially conform to the
725	principles of the "Model State Administrative Procedures Act,"
726	1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such
727	other administrative procedure acts as the Interstate Commission
728	deems appropriate consistent with due process requirements under
729	the United States Constitution as now or hereafter interpreted
730	by the United States Supreme Court. All rules and amendments
731	shall become binding as of the date specified, as published with
732	the final version of the rule as approved by the Interstate
733	Commission.
734	C.  When promulgating a rule, the Interstate Commission
735	shall, at a minimum:
736	1.  Publish the proposed rule's entire text stating the
737	reason or reasons for that proposed rule; and
738	2.  Allow and invite any and all persons to submit written
739	data, facts, opinions, and arguments, which information shall be
740	added to the record, and be made publicly available; and
741	3.  Promulgate a final rule and its effective date, if
742	appropriate, based on input from state or local officials, or
743	interested parties.
744	D.  Rules promulgated by the Interstate Commission shall
745	have the force and effect of administrative rules and shall be
746	binding in the compacting states to the extent and in the manner
747	provided for in this compact.
748	E.  Not later than 60 days after a rule is promulgated, an
749	interested person may file a petition in the United States
750	District Court for the District of Columbia or in the Federal
751	District Court where the Interstate Commission's principal
752	office is located for judicial review of such rule. If the court
753	finds that the Interstate Commission's action is not supported
754	by substantial evidence in the rulemaking record, the court
755	shall hold the rule unlawful and set it aside.
756	F.  If a majority of the legislatures of the member states
757	rejects a rule, those states may by enactment of a statute or
758	resolution in the same manner used to adopt the compact cause
759	that such rule shall have no further force and effect in any
760	member state.
761	G.  The existing rules governing the operation of the
762	Interstate Compact on the Placement of Children superseded by
763	this act shall be null and void no less than 12 months but no
764	more than 24 months after the first meeting of the Interstate
765	Commission created hereunder, as determined by the members
766	during the first meeting.
767	H.  Within the first 12 months of operation, the Interstate
768	Commission shall promulgate rules addressing the following:
769	1.  Transition rules.
770	2.  Forms and procedures.
771	3.  Timelines.
772	4.  Data collection and reporting.
773	5.  Rulemaking.
774	6.  Visitation.
775	7.  Progress reports/supervision.
776	8.  Sharing of information/confidentiality.
777	9.  Financing of the Interstate Commission.
778	10.  Mediation, arbitration, and dispute resolution.
779	11.  Education, training, and technical assistance.
780	12.  Enforcement.
781	13.  Coordination with other interstate compacts.
782	I.  Upon determination by a majority of the members of the
783	Interstate Commission that an emergency exists:
784	1.  The Interstate Commission may promulgate an emergency
785	rule only if it is required to:
786	a.  Protect the children covered by this compact from an
787	imminent threat to their health, safety, and well-being; or
788	b.  Prevent loss of federal or state funds; or
789	c.  Meet a deadline for the promulgation of an
790	administrative rule required by federal law.
791	2.  An emergency rule shall become effective immediately
792	upon adoption, provided that the usual rulemaking procedures
793	provided hereunder shall be retroactively applied to said rule
794	as soon as reasonably possible, but no later than 90 days after
795	the effective date of the emergency rule.
796	3.  An emergency rule shall be promulgated as provided for
797	in the rules of the Interstate Commission.
798
799	ARTICLE XII.  OVERSIGHT,
800	DISPUTE RESOLUTION, ENFORCEMENT
801
802	A.  Oversight.
803	1.  The Interstate Commission shall oversee the
804	administration and operation of the compact.
805	2.  The executive, legislative and judicial branches of
806	state government in each member state shall enforce this compact
807	and the rules of the Interstate Commission and shall take all
808	actions necessary and appropriate to effectuate the compact's
809	purposes and intent. The compact and its rules shall be binding
810	in the compacting states to the extent and in the manner
811	provided for in this compact.
812	3.  All courts shall take judicial notice of the compact
813	and the rules in any judicial or administrative proceeding in a
814	member state pertaining to the subject matter of this compact.
815	4.  The Interstate Commission shall be entitled to receive
816	service of process in any action in which the validity of a
817	compact provision or rule is the issue for which a judicial
818	determination has been sought and shall have standing to
819	intervene in any proceedings. Failure to provide service of
820	process to the Interstate Commission shall render any judgment,
821	order, or other determination, however so captioned or
822	classified, void as to the Interstate Commission, this compact,
823	its bylaws, or rules of the Interstate Commission.
824	B.  Dispute Resolution.
825	1.  The Interstate Commission shall attempt, upon the
826	request of a member state, to resolve disputes which are subject
827	to the compact and which may arise among member states and
828	between member and nonmember states.
829	2.  The Interstate Commission shall promulgate rules
830	providing for both mediation and binding dispute resolution for
831	disputes among compacting member states. The costs of such
832	mediation or dispute resolution shall be the responsibility of
833	the parties to the dispute.
834	C.  Enforcement.
835	1.  If the Interstate Commission determines that a member
836	state has defaulted in the performance of its obligations or
837	responsibilities under this compact, its bylaws or rules, the
838	Interstate Commission may:
839	a.  Provide remedial training and specific technical
840	assistance; or
841	b.  Provide written notice to the defaulting member state
842	and other member states of the nature of the default and the
843	means of curing the default. The Interstate Commission shall
844	specify the conditions by which the defaulting member state must
845	cure its default; or
846	c.  By majority vote of the members, initiate against a
847	defaulting member state legal action in the United States
848	District Court for the District of Columbia or, at the
849	discretion of the Interstate Commission, in the Federal District
850	Court where the Interstate Commission's principal office is
851	located to enforce compliance with the provisions of the
852	compact, its bylaws, or rules. The relief sought may include
853	both injunctive relief and damages. In the event judicial
854	enforcement is necessary the prevailing party shall be awarded
855	all costs of such litigation including reasonable attorney's
856	fees; or
857	d.  Avail itself of any other remedies available under
858	state law or the regulation of official or professional conduct.
859
860	ARTICLE XIII.  FINANCING
861	OF THE COMMISSION
862
863	A.  The Interstate Commission shall pay or provide for the
864	payment of the reasonable expenses of its establishment,
865	organization, and ongoing activities.
866	B.  The Interstate Commission may levy on and collect an
867	annual assessment from each member state to cover the cost of
868	the operations and activities of the Interstate Commission and
869	its staff which must be in a total amount sufficient to cover
870	the Interstate Commission's annual budget as approved by its
871	member states each year. The aggregate annual assessment amount
872	shall be allocated based upon a formula to be determined by the
873	Interstate Commission which shall promulgate a rule binding upon
874	all member states.
875	C.  The Interstate Commission shall not incur obligations
876	of any kind prior to securing the funds adequate to meet the
877	same, nor shall the Interstate Commission pledge the credit of
878	any of the member states, except by and with the authority of
879	the member state.
880	D.  The Interstate Commission shall keep accurate accounts
881	of all receipts and disbursements. The receipts and
882	disbursements of the Interstate Commission shall be subject to
883	the audit and accounting procedures established under its
884	bylaws. However, all receipts and disbursements of funds handled
885	by the Interstate Commission shall be audited yearly by a
886	certified or licensed public accountant and the report of the
887	audit shall be included in and become part of the annual report
888	of the Interstate Commission.
889
890	ARTICLE XIV.  MEMBER STATES,
891	EFFECTIVE DATE AND AMENDMENT
892
893	A.  Any state is eligible to become a member state.
894	B.  The compact shall become effective and binding upon
895	legislative enactment of the compact into law by no less than 35
896	states. The effective date shall be the later of July 1, 2007,
897	or upon enactment of the compact into law by the 35th state.
898	Thereafter it shall become effective and binding as to any other
899	member state upon enactment of the compact into law by that
900	state. The executive heads of the state human services
901	administration with ultimate responsibility for the child
902	welfare program of nonmember states or their designees shall be
903	invited to participate in the activities of the Interstate
904	Commission on a nonvoting basis prior to adoption of the compact
905	by all states.
906	C.  The Interstate Commission may propose amendments to the
907	compact for enactment by the member states. No amendment shall
908	become effective and binding on the member states unless and
909	until it is enacted into law by unanimous consent of the member
910	states.
911
912	ARTICLE XV.  WITHDRAWAL AND DISSOLUTION
913
914	A.  Withdrawal.
915	1.  Once effective, the compact shall continue in force and
916	remain binding upon each and every member state, provided that a
917	member state may withdraw from the compact by specifically
918	repealing the statute which enacted the compact into law.
919	2.  Withdrawal from this compact shall be by the enactment
920	of a statute repealing the same. The effective date of
921	withdrawal shall be the effective date of the repeal of the
922	statute.
923	3.  The withdrawing state shall immediately notify the
924	president of the Interstate Commission in writing upon the
925	introduction of legislation repealing this compact in the
926	withdrawing state. The Interstate Commission shall then notify
927	the other member states of the withdrawing state's intent to
928	withdraw.
929	4.  The withdrawing state is responsible for all
930	assessments, obligations, and liabilities incurred through the
931	effective date of withdrawal.
932	5.  Reinstatement following withdrawal of a member state
933	shall occur upon the withdrawing state reenacting the compact or
934	upon such later date as determined by the members of the
935	Interstate Commission.
936	B.  Dissolution.
937	1.  This compact shall dissolve effective upon the date of
938	the withdrawal or default of the member state which reduces the
939	membership in the compact to one member state.
940	2.  Upon the dissolution of this compact, the compact
941	becomes null and void and shall be of no further force or
942	effect, and the business and affairs of the Interstate
943	Commission shall be concluded and surplus funds shall be
944	distributed in accordance with the bylaws.
945
946	ARTICLE XVI.  SEVERABILITY AND CONSTRUCTION
947
948	A.  The provisions of this compact shall be severable, and
949	if any phrase, clause, sentence, or provision is deemed
950	unenforceable, the remaining provisions of the compact shall be
951	enforceable.
952	B.  The provisions of this compact shall be liberally
953	construed to effectuate its purposes.
954	C.  Nothing in this compact shall be construed to prohibit
955	the concurrent applicability of other interstate compacts to
956	which the states are members.
957
958	ARTICLE XVII.  BINDING EFFECT
959	OF COMPACT AND OTHER LAWS
960
961	A.  Other Laws.
962	1.  Nothing herein prevents the enforcement of any other
963	law of a member state that is not inconsistent with this
964	compact.
965	B.  Binding Effect of the Compact.
966	1.  All lawful actions of the Interstate Commission,
967	including all rules and bylaws promulgated by the Interstate
968	Commission, are binding upon the member states.
969	2.  All agreements between the Interstate Commission and
970	the member states are binding in accordance with their terms.
971	3.  In the event any provision of this compact exceeds the
972	constitutional limits imposed on the legislature of any member
973	state, such provision shall be ineffective to the extent of the
974	conflict with the constitutional provision in question in that
975	member state.
976
977	ARTICLE XVIII.  INDIAN TRIBES
978
979	Notwithstanding any other provision in this compact, the
980	Interstate Commission may promulgate guidelines to permit Indian
981	tribes to utilize the compact to achieve any or all of the
982	purposes of the compact as specified in Article I. The
983	Interstate Commission shall make reasonable efforts to consult
984	with Indian tribes in promulgating guidelines to reflect the
985	diverse circumstances of the various Indian tribes.
986	Section 2.  Section 409.409, Florida Statutes, is created
987	to read:
988	409.409  The provisions of the existing Interstate Compact
989	on the Placement of Children contained in s. 409.401 shall
990	remain in effect until superseded by entry into the new compact,
991	as created in s. 409.408.
992	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.