Interstate Compact on the Placement of Children[CONTINGENTLY ENACTED]

V.S.A. tit. 33, ch. 59, subch. 1

in effect

33 V.S.A. § 5901 Purpose and policy—Article 1 [Contingently repealed; effective until contingency met]

5901. Purpose and policy—Article 1 [Contingently repealed; effective until contingency met] It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that: (1) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care. (2) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child. (3) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made. (4) Appropriate jurisdictional arrangements for the care of children will be promoted. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5902 Definitions—Article II [Contingently repealed; effective until contingency met]

5902. Definitions—Article II [Contingently repealed; effective until contingency met] As used in this compact: (1) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control. (2) “Sending agency” means a party state, officer or employee thereof; a subdivision of a party state, or officer, or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity which sends, brings, or causes to be sent or brought any child to another party state. (3) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons. (4) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution but does not include any institution caring for the mentally ill, mentally defective, or epileptic or any institution primarily educational in character, and any hospital or other medical facility. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5903 Conditions for placement—Article III [Contingently repealed; effective until contingency met]

5903. Conditions for placement—Article III [Contingently repealed; effective until contingency met] (a) No sending agency shall send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency shall comply with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein. (b) Prior to sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain: (1) the name, date, and place of birth of the child; (2) the identity and address or addresses of the parents or legal guardian; (3) the name and address of the person, agent or institution to or with which the sending agency proposes to send, bring, or place the child; (4) a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. (c) Any public officer or agency in a receiving state which is in receipt of a notice pursuant to subsection (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom such supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and policy of this compact. (d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state shall notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interest of the child. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5904 Penalty for illegal placement—Article IV [Contingently repealed; effective until contingency met]

5904. Penalty for illegal placement—Article IV [Contingently repealed; effective until contingency met] The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place or care for children. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5905 Retention of jurisdiction—Article V [Contingently repealed; effective until contingency met]

5905. Retention of jurisdiction—Article V [Contingently repealed; effective until contingency met] (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child which it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. Such jurisdiction shall also include the power to effect or cause the return of the child or its transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. (b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of such case by the latter as agent for the sending agency. (c) Nothing in this compact shall be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state; nor to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in subsection (a) hereof. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5906 Institutional care of delinquent children—Article VI [Contingently repealed; effective until contingency met]

5906. Institutional care of delinquent children—Article VI [Contingently repealed; effective until contingency met] A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but no such placement shall be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, prior to his or her being sent to such other party jurisdiction for institutional care and the court finds that: (1) equivalent facilities for the child are not available in the sending agency’s jurisdiction; and (2) institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5907 Compact administrator—Article VII [Contingently repealed; effective until contingency met]

5907. Compact administrator—Article VII [Contingently repealed; effective until contingency met] The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in his or her jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5908 Limitations—Article VIII [Contingently repealed; effective until contingency met]

5908. Limitations—Article VIII [Contingently repealed; effective until contingency met] This compact shall not apply to: (1) the sending or bringing of a child into a receiving state by his or her parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his or her guardian and leaving the child with any such relative or nonagency guardian in the receiving state; (2) any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between said states which has the force of law. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5909 Enactment and withdrawal—Article IX [Contingently repealed; effective until contingency met]

5909. Enactment and withdrawal—Article IX [Contingently repealed; effective until contingency met] This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the Government of Canada or any province thereof. It shall become effective with respect to any such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties and obligations under this compact of any sending agency therein with respect to a placement made prior to the effective date of withdrawal. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5910 Construction and severability—Article X [Contingently repealed; effective until contingency met]

5910. Construction and severability—Article X [Contingently repealed; effective until contingency met] The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. Added 1971, No. 219 (Adj. Sess.), §§ 4, 5, eff. April 5, 1972.

33 V.S.A. § 5911 Rulemaking functions of the Interstate Commission [Contingently enacted]

5911. Rulemaking functions of the Interstate Commission [Contingently enacted] (a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact. (b) Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission. (c) When promulgating a rule, the Interstate Commission shall, at a minimum do all of the following: (1) publish the proposed rule’s entire text stating the reason or reasons for that proposed rule; (2) allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available; and (3) promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties. (d) Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this Compact. (e) Not later than 60 days after a rule is promulgated, an interested person may file a petition in the U.S. District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. (f) If a majority of the legislatures of the member states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the Compact, cause that such rule shall have no further force and effect in any member state. (g) The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this subchapter shall be null and void no less than 12, but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting. (h) Within the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following: (1) transition rules; (2) forms and procedures; (3) timelines; (4) data collection and reporting; (5) rulemaking; (6) visitation; (7) progress reports and supervision; (8) sharing of information and confidentiality; (9) financing of the Interstate Commission; (10) mediation, arbitration, and dispute resolution; (11) education, training, and technical assistance; (12) enforcement; and (13) coordination with other interstate compacts. (i) Upon determination by a majority of the members of the Interstate Commission that an emergency exists: (1) The Interstate Commission may promulgate an emergency rule only if it is required to: (A) protect the children covered by this Compact from an imminent threat to their health, safety, and well-being; or (B) prevent loss of federal or state funds; or (C) meet a deadline for the promulgation of an administrative rule required by federal law. (2) An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible but not later than 90 days after the effective date of the emergency rule. (3) An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5912 Oversight; dispute resolution; enforcement [Contingently enacted]

5912. Oversight; dispute resolution; enforcement [Contingently enacted] (a) Oversight. (1) The Interstate Commission shall oversee the administration and operation of the Compact. (2) The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The Compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this Compact. (3) All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact. (4) The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the Interstate Commission, this Compact, its bylaws, or rules of the Interstate Commission. (b) Dispute Resolution. (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes that are subject to the Compact and that may arise among member states and between member and nonmember states. (2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute. (c) Enforcement. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or its bylaws or rules, the Interstate Commission may do any of the following: (1) Provide remedial training and specific technical assistance. (2) Provide written notice to the defaulting state and other member states of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default. (3) By majority vote of the members, initiate against a defaulting member state legal action in the U.S. District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the Compact and its bylaws or rules. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees. (4) Avail itself of any other remedies available under state law or the regulation of official or professional conduct. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5913 Financing of the Commission [Contingently enacted]

5913. Financing of the Commission [Contingently enacted] (a) The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities. (b) The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff that must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. (c) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state. (d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5914 Member states; effective date and amendment [Contingently enacted]

5914. Member states; effective date and amendment [Contingently enacted] (a) Any state is eligible to become a member state. (b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no fewer than 35 states. The effective date shall be the later of July 1, 2007, or upon enactment of the Compact into law by the 35th state. Thereafter it shall become effective and binding as to any other member state upon enactment of the Compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states. (c) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5915 Withdrawal and dissolution [Contingently enacted]

5915. Withdrawal and dissolution [Contingently enacted] (a) Withdrawal. (1) Once effective, the Compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the Compact specifically repealing the statute that enacted the Compact into law. (2) Withdrawal from this Compact shall be by the enactment of a statute repealing the same. The effective date of withdrawal shall be the effective date of the repeal of the statute. (3) The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state’s intent to withdraw. (4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal. (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the Compact or upon such later date as determined by the members of the Interstate Commission. (b) Dissolution of Compact. (1) This Compact shall dissolve effective upon the date of the withdrawal or default of the member state that reduces the membership in the Compact to one member state. (2) Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5916 Severability and construction [Contingently enacted]

5916. Severability and construction [Contingently enacted] (a) The provisions of this Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable. (b) The provisions of this Compact shall be liberally construed to effectuate its purposes. (c) Nothing in this Compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5917 Binding effect of compact and other laws [Contingently enacted]

5917. Binding effect of compact and other laws [Contingently enacted] (a) Other laws. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this Compact. (b) Binding effect of the Compact. (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. (2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms. (3) In the event any provision of this Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

33 V.S.A. § 5918 Indian tribes [Contingently enacted]

5918. Indian tribes [Contingently enacted] Notwithstanding any other provision in this Compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the Compact to achieve any or all of the purposes of the Compact as specified in section 5901 of this title. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/059Fetched: 10/21/2026