HRS §350E-1 Terms and provisions of compact
350E-1. Terms and provisions of compact
The Interstate Compact on Placement of Children is hereby entered into and enacted into law with all jurisdictions legally joining therein, in form substantially as follows:
ARTICLE I. Purpose and Policy. 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:
(a) 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.
(b) 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.
(c) The proper authorities of the state from
which the placement is made may obtain the most complete information on the
basis of which to evaluate a projected placement before it is made.
(d) Appropriate jurisdictional arrangements
for the care of children will be promoted.
ARTICLE II. Definitions. As used in
this compact:
(a) "Child" means a person who, by
reason of minority, is legally subject to parental, guardianship or similar
control.
(b) "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.
(c) "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.
(d) "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.
ARTICLE III. Conditions for Placement.
(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, agency 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 paragraph (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 interests of the child.
ARTICLE IV. Penalty for Illegal Placement.
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
and 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 the children.
ARTICLE V. Retention of Jurisdiction.
(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 paragraph (a) hereof.
ARTICLE VI. Institutional Care of
Delinquent Children. 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 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.
ARTICLE VII. Compact Administrator. 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 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.
ARTICLE VIII. Limitations. This
compact shall not apply to:
(a) The sending or bringing of a child into a
receiving state by his parent, step-parent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the child with any
such relative or non-agency guardian in the receiving state.
(b) 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.
ARTICLE IX. Enactment and Withdrawal. 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.
ARTICLE X. Construction and Severability. 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 circumstance 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.
[L 1985, c 132, pt of §1]