89R21128 MM-D     By: Manuel, Orr H.B. No. 141       A BILL TO BE ENTITLED   AN ACT   relating to the adoption of the revised Interstate Compact for the   Placement of Children by the State of Texas; making conforming   changes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN          SECTION 1.01.  The heading of Subchapter B, Chapter 162,   Family Code, is amended to read as follows:   SUBCHAPTER B.  INTERSTATE COMPACT FOR [ON] THE PLACEMENT OF   CHILDREN          SECTION 1.02.  Subchapter B, Chapter 162, Family Code, is   amended by adding Section 162.1021 to read as follows:          Sec. 162.1021.  ADOPTION OF COMPACT; TEXT. The Interstate   Compact for the Placement of Children is adopted by this state and   entered into with all other jurisdictions in form substantially as   provided by this subchapter.   INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN   ARTICLE I.  PURPOSE          The purpose of this Interstate Compact for the Placement of   Children is to:          A.  Provide a process through which children subject to this   compact are placed in safe and suitable homes in a timely manner.          B.  Facilitate ongoing supervision of a placement, the   delivery of services, and communication between the states.          C.  Provide operating procedures that will ensure that   children are placed in safe and suitable homes in a timely manner.          D.  Provide for the promulgation and enforcement of   administrative rules implementing the provisions of this compact   and regulating the covered activities of the member states.          E.  Provide for uniform data collection and information   sharing between member states under this compact.          F.  Promote coordination between this compact, the   Interstate Compact for Juveniles, the Interstate Compact on   Adoption and Medical Assistance and other compacts affecting the   placement of and which provide services to children otherwise   subject to this compact.          G.  Provide for a state's continuing legal jurisdiction and   responsibility for placement and care of a child that it would have   had if the placement were intrastate.          H.  Provide for the promulgation of guidelines, in   collaboration with Indian tribes, for interstate cases involving   Indian children as is or may be permitted by federal law.   ARTICLE II.  DEFINITIONS          As used in this compact,          A.  "Approved placement" means the public child placing   agency in the receiving state has determined that the placement is   both safe and suitable for the child.          B.  "Assessment" means an evaluation of a prospective   placement by a public child placing agency in the receiving state to   determine if the placement meets the individualized needs of the   child, including but not limited to the child's safety and   stability, health and well-being, and mental, emotional, and   physical development.  An assessment is only applicable to a   placement by a public child placing agency.          C.  "Child" means an individual who has not attained the age   of eighteen (18).          D.  "Certification" means to attest, declare or swear to   before a judge or notary public.          E.  "Default" means the failure of a member state to perform   the obligations or responsibilities imposed upon it by this   compact, the bylaws or rules of the Interstate Commission.          F.  "Home Study" means an evaluation of a home environment   conducted in accordance with the applicable requirements of the   state in which the home is located, and documents the preparation   and the suitability of the placement resource for placement of a   child in accordance with the laws and requirements of the state in   which the home is located.          G.  "Indian tribe" means any Indian tribe, band, nation, or   other organized group or community of Indians recognized as   eligible for services provided to Indians by the Secretary of the   Interior because of their status as Indians, including any Alaskan   native village as defined in section 3 (c) of the Alaska Native   Claims settlement Act at 43 USC §1602(c).          H.  "Interstate Commission for the Placement of Children"   means the commission that is created under Article VIII of this   compact and which is generally referred to as the Interstate   Commission.          I.  "Jurisdiction" means the power and authority of a court   to hear and decide matters.          J.  "Legal Risk Placement" ("Legal Risk Adoption") means a   placement made preliminary to an adoption where the prospective   adoptive parents acknowledge in writing that a child can be ordered   returned to the sending state or the birth mother's state of   residence, if different from the sending state, and a final decree   of adoption shall not be entered in any jurisdiction until all   required consents are obtained or are dispensed with in accordance   with applicable law.          K.  "Member state" means a state that has enacted this   compact.          L.  "Non-custodial parent" means a person who, at the time of   the commencement of court proceedings in the sending state, does   not have sole legal custody of the child or has joint legal custody   of a child, and who is not the subject of allegations or findings of   child abuse or neglect.          M.  "Non-member state" means a state which has not enacted   this compact.          N.  "Notice of residential placement" means information   regarding a placement into a residential facility provided to the   receiving state including, but not limited to the name, date and   place of birth of the child, the identity and address of the parent   or legal guardian, evidence of authority to make the placement, and   the name and address of the facility in which the child will be   placed.  Notice of residential placement shall also include   information regarding a discharge and any unauthorized absence from   the facility.          O.  "Placement" means the act by a public or private child   placing agency intended to arrange for the care or custody of a   child in another state.          P.  "Private child placing agency" means any private   corporation, agency, foundation, institution, or charitable   organization, or any private person or attorney that facilitates,   causes, or is involved in the placement of a child from one state to   another and that is not an instrumentality of the state or acting   under color of state law.          Q.  "Provisional placement" means a determination made by   the public child placing agency in the receiving state that the   proposed placement is safe and suitable, and, to the extent   allowable, the receiving state has temporarily waived its standards   or requirements otherwise applicable to prospective foster or   adoptive parents so as to not delay the placement.  Completion of   the receiving state requirements regarding training for   prospective foster or adoptive parents shall not delay an otherwise   safe and suitable placement.          R.  "Public child placing agency" means any government child   welfare agency or child protection agency or a private entity under   contract with such an agency, regardless of whether they act on   behalf of a state, county, municipality or other governmental unit   and which facilitates, causes, or is involved in the placement of a   child from one state to another.          S.  "Receiving state" means the state to which a child is   sent, brought, or caused to be sent or brought.          T.  "Relative" means someone who is related to the child as a   parent, step- parent, sibling by half or whole blood or by adoption,   grandparent, aunt, uncle, or first cousin or a non-relative with   such significant ties to the child that they may be regarded as   relatives as determined by the court in the sending state.          U.  "Residential Facility" means a facility providing a   level of care that is sufficient to substitute for parental   responsibility or foster care, and is beyond what is needed for   assessment or treatment of an acute condition.  For purposes of the   compact, residential facilities do not include institutions   primarily educational in character, hospitals or other medical   facilities.          V.  "Rule" means a written directive, mandate, standard or   principle issued by the Interstate Commission promulgated pursuant   to Article XI of this compact that is of general applicability and   that implements, interprets or prescribes a policy or provision of   the compact.  "Rule" has the force and effect of an administrative   rule in a member state, and includes the amendment, repeal, or   suspension of an existing rule.          W.  "Sending state" means the state from which the placement   of a child is initiated.          X.  "Service member's permanent duty station" means the   military installation where an active duty Armed Services member is   currently assigned and is physically located under competent orders   that do not specify the duty as temporary.          Y.  "Service member's state of legal residence" means the   state in which the active duty Armed Services member is considered a   resident for tax and voting purposes.          Z.  "State" means a state of the United States, the District   of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin   Islands, Guam, American Samoa, the Northern Marianas Islands and   any other territory of the United States.          AA.  "State court" means a judicial body of a state that is   vested by law with responsibility for adjudicating cases involving   abuse, neglect, deprivation, delinquency or status offenses of   individuals who have not attained the age of eighteen (18).          BB.  "Supervision" means monitoring provided by the   receiving state once a child has been placed in a receiving state   pursuant to this compact.   ARTICLE III.  APPLICABILITY          A.  Except as otherwise provided in Article III, Section B,   this compact shall apply to:                1.  The interstate placement of a child subject to   ongoing court jurisdiction in the sending state, due to allegations   or findings that the child has been abused, neglected, or deprived   as defined by the laws of the sending state, provided, however, that   the placement of such a child into a residential facility shall only   require notice of residential placement to the receiving state   prior to placement.                2.  The interstate placement of a child adjudicated   delinquent or unmanageable based on the laws of the sending state   and subject to ongoing court jurisdiction of the sending state if:                      a.  the child is being placed in a residential   facility in another member state and is not covered under another   compact; or                      b.  the child is being placed in another member   state and the determination of safety and suitability of the   placement and services required is not provided through another   compact.                3.  The interstate placement of any child by a public   child placing agency or private child placing agency as defined in   this compact as a preliminary step to a possible adoption.          B.  The provisions of this compact shall not apply to:                1.  The interstate placement of a child in a custody   proceeding in which a public child placing agency is not a party,   provided, the placement is not intended to effectuate an adoption.                2.  The interstate placement of a child with a   non-relative in a receiving state by a parent with the legal   authority to make such a placement provided, however, that the   placement is not intended to effectuate an adoption.                3.  The interstate placement of a child by one relative   with the lawful authority to make such a placement directly with a   relative in a receiving state.                4.  The placement of a child, not subject to Article   III, Section A, into a residential facility by his parent.                5.  The placement of a child with a non-custodial   parent provided that:                      a.  The non-custodial parent proves to the   satisfaction of a court in the sending state a substantial   relationship with the child; and                      b.  The court in the sending state makes a written   finding that placement with the non-custodial parent is in the best   interests of the child; and                      c.  The court in the sending state dismisses its   jurisdiction in interstate placements in which the public child   placing agency is a party to the proceeding.                6.  A child entering the United States from a foreign   country for the purpose of adoption or leaving the United States to   go to a foreign country for the purpose of adoption in that country.                7.  Cases in which a U.S. citizen child living overseas   with his family, at least one of whom is in the U.S. Armed Services,   and who is stationed overseas, is removed and placed in a state.                8.  The sending of a child by a public child placing   agency or a private child placing agency for a visit as defined by   the rules of the Interstate Commission.          C.  For purposes of determining the applicability of this   compact to the placement of a child with a family in the Armed   Services, the public child placing agency or private child placing   agency may choose the state of the service member's permanent duty   station or the service member's declared legal residence.          D.  Nothing in this compact shall be construed to prohibit   the concurrent application of the provisions of this compact with   other applicable interstate compacts including the Interstate   Compact for Juveniles and the Interstate Compact on Adoption and   Medical Assistance.  The Interstate Commission may in cooperation   with other interstate compact commissions having responsibility   for the interstate movement, placement or transfer of children,   promulgate like rules to ensure the coordination of services,   timely placement of children, and the reduction of unnecessary or   duplicative administrative or procedural requirements.   ARTICLE IV.  JURISDICTION          A.  Except as provided in Article IV, Section H and Article   V, Section B, paragraph two and three concerning private and   independent adoptions, and in interstate placements in which the   public child placing agency is not a party to a custody proceeding,   the sending state shall retain jurisdiction over a child with   respect to all matters of custody and disposition of the child which   it would have had if the child had remained in the sending state.     Such jurisdiction shall also include the power to order the return   of the child to the sending state.          B.  When an issue of child protection or custody is brought   before a court in the receiving state, such court shall confer with   the court of the sending state to determine the most appropriate   forum for adjudication.          C.  In cases that are before courts and subject to this   compact, the taking of testimony for hearings before any judicial   officer may occur in person or by telephone, audio-video   conference, or such other means as approved by the rules of the   Interstate Commission; and Judicial officers may communicate with   other judicial officers and persons involved in the interstate   process as may be permitted by their Canons of Judicial Conduct and   any rules promulgated by the Interstate Commission.          D.  In accordance with its own laws, the court in the sending   state shall have authority to terminate its jurisdiction if:                1.  The child is reunified with the parent in the   receiving state who is the subject of allegations or findings of   abuse or neglect, only with the concurrence of the public child   placing agency in the receiving state; or                2.  The child is adopted; or                3.  The child reaches the age of majority under the laws   of the sending state; or                4.  The child achieves legal independence pursuant to   the laws of the sending state; or                5.  A guardianship is created by a court in the   receiving state with the concurrence of the court in the sending   state; or                6.  An Indian tribe has petitioned for and received   jurisdiction from the court in the sending state; or                7.  The public child placing agency of the sending   state requests termination and has obtained the concurrence of the   public child placing agency in the receiving the state.          E.  When a sending state court terminates its jurisdiction,   the receiving state child placing agency shall be notified.          F.  Nothing in this article shall defeat a claim of   jurisdiction by a receiving state court sufficient to deal with an   act of truancy, delinquency, crime or behavior involving a child as   defined by the laws of the receiving state committed by the child in   the receiving state which would be a violation of its laws.          G.  Nothing in this article shall limit the receiving state's   ability to take emergency jurisdiction for the protection of the   child.          H.  The substantive laws of the state in which an adoption   will be finalized shall solely govern all issues relating to the   adoption of the child and the court in which the adoption proceeding   is filed shall have subject matter jurisdiction regarding all   substantive issues relating to the adoption, except:                1.  when the child is a ward of another court that   established jurisdiction over the child prior to the placement; or                2.  when the child is in the legal custody of a public   agency in the sending state; or                3.  when a court in the sending state has otherwise   appropriately assumed jurisdiction over the child, prior to the   submission of the request for approval of placement.          I.  A final decree of adoption shall not be entered in any   jurisdiction until the placement is authorized as an "approved   placement" by the public child placing agency in the receiving   state.   ARTICLE V.  PLACEMENT EVALUATION          A.  Prior to sending, bringing, or causing a child to be sent   or brought into a receiving state, the public child placing agency   shall provide a written request for assessment to the receiving   state.          B.  For placements by a private child placing agency, a child   may be sent or brought, or caused to be sent or brought, into a   receiving state, upon receipt and immediate review of the required   content in a request for approval of a placement in both the sending   and receiving state public child placing agency.  The required   content to accompany a request for approval shall include all of the   following:                1.  A request for approval identifying the child, birth   parent(s), the prospective adoptive parent(s), and the supervising   agency, signed by the person requesting approval; and                2.  The appropriate consents or relinquishments signed   by the birth parents in accordance with the laws of the sending   state, or where permitted the laws of the state where the adoption   will be finalized; and                3.  Certification by a licensed attorney or authorized   agent of a private adoption agency that the consent or   relinquishment is in compliance with the applicable laws of the   sending state, or where permitted the laws of the state where   finalization of the adoption will occur; and                4.  A home study; and                5.  An acknowledgment of legal risk signed by the   prospective adoptive parents.          C.  The sending state and the receiving state may request   additional information or documents prior to finalization of an   approved placement, but they may not delay travel by the   prospective adoptive parents with the child if the required content   for approval has been submitted, received and reviewed by the   public child placing agency in both the sending state and the   receiving state.          D.  Approval from the public child placing agency in the   receiving state for a provisional or approved placement is required   as provided for in the rules of the Interstate Commission.          E.  The procedures for making and the request for an   assessment shall contain all information and be in such form as   provided for in the rules of the Interstate Commission.          F.  Upon receipt of a request from the public child placing   agency of the sending state, the receiving state shall initiate an   assessment of the proposed placement to determine its safety and   suitability.  If the proposed placement is a placement with a   relative, the public child placing agency of the sending state may   request a determination for a provisional placement.          G.  The public child placing agency in the receiving state   may request from the public child placing agency or the private   child placing agency in the sending state, and shall be entitled to   receive supporting or additional information necessary to complete   the assessment or approve the placement.          H.  The public child placing agency in the receiving state   shall approve a provisional placement and complete or arrange for   the completion of the assessment within the timeframes established   by the rules of the Interstate Commission.          I.  For a placement by a private child placing agency, the   sending state shall not impose any additional requirements to   complete the home study that are not required by the receiving   state, unless the adoption is finalized in the sending state.          J.  The Interstate Commission may develop uniform standards   for the assessment of the safety and suitability of interstate   placements.   ARTICLE VI. PLACEMENT AUTHORITY          A.  Except as otherwise provided in this Compact, no child   subject to this compact shall be placed into a receiving state until   approval for such placement is obtained.          B.  If the public child placing agency in the receiving state   does not approve the proposed placement then the child shall not be   placed. The receiving state shall provide written documentation of   any such determination in accordance with the rules promulgated by   the Interstate Commission. Such determination is not subject to   judicial review in the sending state.          C.  If the proposed placement is not approved, any interested   party shall have standing to seek an administrative review of the   receiving state's determination.                1.  The administrative review and any further judicial   review associated with the determination shall be conducted in the   receiving state pursuant to its applicable Administrative   Procedures Act.                2.  If a determination not to approve the placement of   the child in the receiving state is overturned upon review, the   placement shall be deemed approved, provided however that all   administrative or judicial remedies have been exhausted or the time   for such remedies has passed.   ARTICLE VII. PLACING AGENCY RESPONSIBILITY          A.  For the interstate placement of a child made by a public   child placing agency or state court:                1.  The public child placing agency in the sending   state shall have financial responsibility for:                      a.  the ongoing support and maintenance for the   child during the period of the placement, unless otherwise provided   for in the receiving state; and                      b.  as determined by the public child placing   agency in the sending state, services for the child beyond the   public services for which the child is eligible in the receiving   state.                2.  The receiving state shall only have financial   responsibility for:                      a.  any assessment conducted by the receiving   state; and                      b.  supervision conducted by the receiving state   at the level necessary to support the placement as agreed upon by   the public child placing agencies of the receiving and sending   state.                3.  Nothing in this provision shall prohibit public   child placing agencies in the sending state from entering into   agreements with licensed agencies or persons in the receiving state   to conduct assessments and provide supervision.          B.  For the placement of a child by a private child placing   agency preliminary to a possible adoption, the private child   placing agency shall be:                1. Legally responsible for the child during the period   of placement as provided for in the law of the sending state until   the finalization of the adoption.                2.  Financially responsible for the child absent a   contractual agreement to the contrary.          C.  The public child placing agency in the receiving state   shall provide timely assessments, as provided for in the rules of   the Interstate Commission.          D.  The public child placing agency in the receiving state   shall provide, or arrange for the provision of, supervision and   services for the child, including timely reports, during the period   of the placement.          E.  Nothing in this compact shall be construed as to limit   the authority of the public child placing agency in the receiving   state from contracting with a licensed agency or person in the   receiving state for an assessment or the provision of supervision   or services for the child or otherwise authorizing the provision of   supervision or services by a licensed agency during the period of   placement.          F.  Each member state shall provide for coordination among   its branches of government concerning the state's participation in,   and compliance with, the compact and Interstate Commission   activities, through the creation of an advisory council or use of an   existing body or board.          G.  Each member state shall establish a central state compact   office, which shall be responsible for state compliance with the   compact and the rules of the Interstate Commission.          H.  The public child placing agency in the sending state   shall oversee compliance with the provisions of the Indian Child   Welfare Act (25 USC 1901 et seq.) for placements subject to the   provisions of this compact, prior to placement.          I.  With the consent of the Interstate Commission, states may   enter into limited agreements that facilitate the timely assessment   and provision of services and supervision of placements under this   compact.   ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN          The member states hereby establish, by way of this compact, a   commission known as the "Interstate Commission for the Placement of   Children."  The activities of the Interstate Commission are the   formation of public policy and are a discretionary state function.   The Interstate Commission shall:          A.  Be a joint commission of the member states and shall have   the responsibilities, powers and duties set forth herein, and such   additional powers as may be conferred upon it by subsequent   concurrent action of the respective legislatures of the member   states.          B.  Consist of one commissioner from each member state who   shall be appointed by the executive head of the state human services   administration with ultimate responsibility for the child welfare   program. The appointed commissioner shall have the legal authority   to vote on policy related matters governed by this compact binding   the state.                1.  Each member state represented at a meeting of the   Interstate Commission is entitled to one vote.                2.  A majority of the member states shall constitute a   quorum for the transaction of business, unless a larger quorum is   required by the bylaws of the Interstate Commission.                3.  A representative shall not delegate a vote to   another member state.                4.  A representative may delegate voting authority to   another person from their state for a specified meeting.          C.  In addition to the commissioners of each member state,   the Interstate Commission shall include persons who are members of   interested organizations as defined in the bylaws or rules of the   Interstate Commission. Such members shall be ex officio and shall   not be entitled to vote on any matter before the Interstate   Commission.          D.  Establish an executive committee which shall have the   authority to administer the day-to-day operations and   administration of the Interstate Commission. It shall not have the   power to engage in rulemaking.   ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION          The Interstate Commission shall have the following powers:          A.  To promulgate rules and take all necessary actions to   effect the goals, purposes and obligations as enumerated in this   compact.          B.  To provide for dispute resolution among member states.          C.  To issue, upon request of a member state, advisory   opinions concerning the meaning or interpretation of the interstate   compact, its bylaws, rules or actions.          D.  To enforce compliance with this compact or the bylaws or   rules of the Interstate Commission pursuant to Article XII.          E.  Collect standardized data concerning the interstate   placement of children subject to this compact as directed through   its rules which shall specify the data to be collected, the means of   collection and data exchange and reporting requirements.          F.  To establish and maintain offices as may be necessary for   the transacting of its business.          G.  To purchase and maintain insurance and bonds.          H.  To hire or contract for services of personnel or   consultants as necessary to carry out its functions under the   compact and establish personnel qualification policies, and rates   of compensation.          I.  To establish and appoint committees and officers   including, but not limited to, an executive committee as required   by Article X.          J.  To accept any and all donations and grants of money,   equipment, supplies, materials, and services, and to receive,   utilize, and dispose thereof.          K.  To lease, purchase, accept contributions or donations   of, or otherwise to own, hold, improve or use any property, real,   personal, or mixed.          L.  To sell, convey, mortgage, pledge, lease, exchange,   abandon, or otherwise dispose of any property, real, personal or   mixed.          M.  To establish a budget and make expenditures.          N.  To adopt a seal and bylaws governing the management and   operation of the Interstate Commission.          O.  To report annually to the legislatures, governors, the   judiciary, and state advisory councils of the member states   concerning the activities of the Interstate Commission during the   preceding year. Such reports shall also include any   recommendations that may have been adopted by the Interstate   Commission.          P.  To coordinate and provide education, training and public   awareness regarding the interstate movement of children for   officials involved in such activity.          Q.  To maintain books and records in accordance with the   bylaws of the Interstate Commission.          R.  To perform such functions as may be necessary or   appropriate to achieve the purposes of this compact.   ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION          A.  Bylaws                1.  Within 12 months after the first Interstate   Commission meeting, the Interstate Commission shall adopt bylaws to   govern its conduct as may be necessary or appropriate to carry out   the purposes of the compact.                2.  The Interstate Commission's bylaws and rules shall   establish conditions and procedures under which the Interstate   Commission shall make its information and official records   available to the public for inspection or copying. The Interstate   Commission may exempt from disclosure information or official   records to the extent they would adversely affect personal privacy   rights or proprietary interests.          B.  Meetings                1.  The Interstate Commission shall meet at least once   each calendar year. The chairperson may call additional meetings   and, upon the request of a simple majority of the member states   shall call additional meetings.                2.  Public notice shall be given by the Interstate   Commission of all meetings and all meetings shall be open to the   public, except as set forth in the rules or as otherwise provided in   the compact. The Interstate Commission and its committees may   close a meeting, or portion thereof, where it determines by   two-thirds vote that an open meeting would be likely to:                      a.  relate solely to the Interstate Commission's   internal personnel practices and procedures; or                      b.  disclose matters specifically exempted from   disclosure by federal law; or                      c.  disclose financial or commercial information   which is privileged, proprietary or confidential in nature; or                      d.  involve accusing a person of a crime, or   formally censuring a person; or                      e.  disclose information of a personal nature   where disclosure would constitute a clearly unwarranted invasion of   personal privacy or physically endanger one or more persons; or                      f.  disclose investigative records compiled for   law enforcement purposes; or                      g.  specifically relate to the Interstate   Commission's participation in a civil action or other legal   proceeding.                3.  For a meeting, or portion of a meeting, closed   pursuant to this provision, the Interstate Commission's legal   counsel or designee shall certify that the meeting may be closed and   shall reference each relevant exemption provision. The Interstate   Commission shall keep minutes which shall fully and clearly   describe all matters discussed in a meeting and shall provide a full   and accurate summary of actions taken, and the reasons therefore,   including a description of the views expressed and the record of a   roll call vote. All documents considered in connection with an   action shall be identified in such minutes. All minutes and   documents of a closed meeting shall remain under seal, subject to   release by a majority vote of the Interstate Commission or by court   order.                4.  The bylaws may provide for meetings of the   Interstate Commission to be conducted by telecommunication or other   electronic communication.          C.  Officers and Staff                1.  The Interstate Commission may, through its   executive committee, appoint or retain a staff director for such   period, upon such terms and conditions and for such compensation as   the Interstate Commission may deem appropriate. The staff director   shall serve as secretary to the Interstate Commission, but shall   not have a vote. The staff director may hire and supervise such   other staff as may be authorized by the Interstate Commission.                2.  The Interstate Commission shall elect, from among   its members, a chairperson and a vice chairperson of the executive   committee and other necessary officers, each of whom shall have   such authority and duties as may be specified in the bylaws.          D.  Qualified Immunity, Defense and Indemnification                1.  The Interstate Commission's staff director and its   employees shall be immune from suit and liability, either   personally or in their official capacity, for a claim for damage to   or loss of property or personal injury or other civil liability   caused or arising out of or relating to an actual or alleged act,   error, or omission that occurred, or that such person had a   reasonable basis for believing occurred within the scope of   Commission employment, duties, or responsibilities; provided, that   such person shall not be protected from suit or liability for   damage, loss, injury, or liability caused by a criminal act or the   intentional or willful and wanton misconduct of such person.                      a.  The liability of the Interstate Commission's   staff director and employees or Interstate Commission   representatives, acting within the scope of such person's   employment or duties for acts, errors, or omissions occurring   within such person's state may not exceed the limits of liability   set forth under the Constitution and laws of that state for state   officials, employees, and agents. The Interstate Commission is   considered to be an instrumentality of the states for the purposes   of any such action. Nothing in this subsection shall be construed   to protect such person from suit or liability for damage, loss,   injury, or liability caused by a criminal act or the intentional or   willful and wanton misconduct of such person.                      b.  The Interstate Commission shall defend the   staff director and its employees and, subject to the approval of the   Attorney General or other appropriate legal counsel of the member   state shall defend the commissioner of a member state in a civil   action seeking to impose liability arising out of an actual or   alleged act, error or omission that occurred within the scope of   Interstate Commission employment, duties or responsibilities, or   that the defendant had a reasonable basis for believing occurred   within the scope of Interstate Commission employment, duties, or   responsibilities, provided that the actual or alleged act, error,   or omission did not result from intentional or willful and wanton   misconduct on the part of such person.                      c.  To the extent not covered by the state   involved, member state, or the Interstate Commission, the   representatives or employees of the Interstate Commission shall be   held harmless in the amount of a settlement or judgment, including   attorney's fees and costs, obtained against such persons arising   out of an actual or alleged act, error, or omission that occurred   within the scope of Interstate Commission employment, duties, or   responsibilities, or that such persons had a reasonable basis for   believing occurred within the scope of Interstate Commission   employment, duties, or responsibilities, provided that the actual   or alleged act, error, or omission did not result from intentional   or willful and wanton misconduct on the part of such persons.   ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION          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 United States   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:                1.  Publish the proposed rule's entire text stating the   reason(s) for that proposed rule; and                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   act 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.  Time lines                4.  Data collection and reporting                5.  Rulemaking                6.  Visitation                7.  Progress reports/supervision                8.  Sharing of information/confidentiality                9.  Financing of the Interstate Commission                10.  Mediation, arbitration and dispute resolution                11.  Education, training and technical assistance                12.  Enforcement                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 no 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.   ARTICLE XII.  OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT          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 which are subject to   the compact and which may arise among member states and between   member and non-member 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                1.  If the Interstate Commission determines that a   member state has defaulted in the performance of its obligations or   responsibilities under this compact, its bylaws or rules, the   Interstate Commission may:                      a.  Provide remedial training and specific   technical assistance; or                      b.  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; or                      c.  By majority vote of the members, initiate   against a defaulting member state legal action in the United State   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, 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; or                      d.  Avail itself of any other remedies available   under state law or the regulation of official or professional   conduct.   ARTICLE XIII.  FINANCING OF THE COMMISSION          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 which 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.   ARTICLE XIV.  MEMBER STATES, EFFECTIVE DATE AND AMENDMENT          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 less 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 non-member   states or their designees shall be invited to participate in the   activities of the Interstate Commission on a non-voting 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.   ARTICLE XV.  WITHDRAWAL AND DISSOLUTION          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 which 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 which 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.   ARTICLE XVI.  SEVERABILITY AND CONSTRUCTION          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.   ARTICLE XVII.  BINDING EFFECT OF COMPACT AND OTHER LAWS          A.  Other Laws                1.  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.   ARTICLE XVIII.  INDIAN TRIBES          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 Article I.  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.   ARTICLE 2.  CONFORMING AMENDMENTS          SECTION 2.01.  Section 162.101, Family Code, is amended to   read as follows:          Sec. 162.101.  DEFINITIONS. In this subchapter:                (1)  "Public child placing agency," ["Appropriate   public authorities,"] with reference to this state, means the   commissioner of the Department of Family and Protective Services.                (2)  "Public child placing agency ["Appropriate   authority] in the receiving state," with reference to this state,   means the commissioner of the Department of Family and Protective   Services.                (3)  "Compact" means the Interstate Compact for [on]   the Placement of Children.                (4)  "Executive head of the state human services   administration," with reference to this state, means the governor.          SECTION 2.02.  Section 162.103(a), Family Code, is amended   to read as follows:          (a)  Financial responsibility for a child placed as provided   in the compact is determined, in the first instance, as provided in   Article VII [V] of the compact.  After partial or complete default   of performance under the provisions of Article VII [V] assigning   financial responsibility, the commissioner of the Department of   Family and Protective Services may bring suit under Chapter 154 and   may file a complaint with the appropriate prosecuting attorney,   claiming a violation of Section 25.05, Penal Code.          SECTION 2.03.  Section 162.104, Family Code, is amended to   read as follows:          Sec. 162.104.  APPROVAL OF PLACEMENT. The commissioner of   the Department of Family and Protective Services may not approve   the placement of a child in this state without the concurrence of   the individuals with whom the child is proposed to be placed or the   head of a residential facility [an institution] with which the   child is proposed to be placed.          SECTION 2.04.  Section 162.105, Family Code, is amended to   read as follows:          Sec. 162.105.  PLACEMENT IN ANOTHER STATE.  A juvenile court   may place a delinquent child in a residential facility [an   institution] in another state as provided by Article III [VI] of the   compact.  After placement in another state, the court retains   jurisdiction of the child as provided by Article VII [V] of the   compact.          SECTION 2.05.  The heading to Section 162.107, Family Code,   is amended to read as follows:          Sec. 162.107.  OFFENSE [OFFENSES]; PENALTY [PENALTIES].          SECTION 2.06.  The following provisions of the Family Code   are repealed:                (1)  Section 162.102; and                (2)  Section 162.107(b).   ARTICLE 3.  EFFECTIVE DATE          SECTION 3.01.  (a)  Except as provided by Subsection (b) of   this section, this Act takes effect on the day on which the   Interstate Compact for the Placement of Children takes effect,   which according to the terms of the compact is the date on which the   compact is enacted into law by the 35th state, as defined by the   compact.          (b)  Article 1 of this Act takes effect on the day on which   the Interstate Compact for the Placement of Children is enacted   into law by the 33rd state.