HB 50: "An Act relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24, Alaska Rules of Civil Procedure; and providing for an effective date."
00 HOUSE BILL NO. 50 01 "An Act relating to the Interstate Compact for the Placement of Children; establishing 02 an interstate commission for the placement of children; amending Rules 4 and 24, 03 Alaska Rules of Civil Procedure; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 25.23.060(c) is amended to read: 06 (c) A consent executed under this section is effective as a power of attorney 07 under AS 13.26.020. Unless the consent form provides otherwise, and regardless of 08 whether the form names or identifies the adoptive parent, the consent delegates to the 09 adoptive parent all powers that may be delegated under AS 13.26.020. The power of 10 attorney takes effect when the child is delivered to the adoptive parent, and remains in 11 effect as long as the consent is in effect; but the power of attorney is not effective 12 beyond one year, unless the court extends it for good cause. The power of attorney 13 does not terminate on the death or disability of the person executing the consent, 14 unless the consent form so states. This subsection may not be construed to alter the
01 requirements of AS 47.70 (the Interstate Compact for [ON] the Placement of 02 Children). 03 * Sec. 2. AS 47.70.010 is repealed and reenacted to read: 04 Sec. 47.70.010. Compact enacted. The Interstate Compact for the Placement 05 of Children as contained in this section is enacted into law and entered into on behalf 06 of the state with all other states legally joining in it in a form substantially as follows: 07 INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN. 08 ARTICLE I. PURPOSE 09 The purpose of this Interstate Compact for the Placement of Children is to: 10 (A) Provide a process through which children subject to this compact 11 are placed in safe and suitable homes in a timely manner. 12 (B) Facilitate ongoing supervision of a placement, the delivery of 13 services, and communication between the states. 14 (C) Provide operating procedures that will ensure that children are 15 placed in safe and suitable homes in a timely manner. 16 (D) Provide for the promulgation and enforcement of administrative 17 rules implementing the provisions of this compact and regulating the covered activities 18 of the member states. 19 (E) Provide for uniform data collection and information sharing 20 between member states under this compact. 21 (F) Promote coordination between this compact, the Interstate 22 Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance 23 and other compacts affecting the placement of and which provide services to children 24 otherwise subject to this compact. 25 (G) Provide for a state's continuing legal jurisdiction and responsibility 26 for placement and care of a child that it would have had if the placement were 27 intrastate. 28 (H) Provide for the promulgation of guidelines, in collaboration with 29 Indian tribes, for interstate cases involving Indian children as is or may be permitted 30 by federal law. 31 ARTICLE II. DEFINITIONS
01 As used in this compact, 02 (A) "Approved placement" means the receiving state has determined 03 after an assessment that the placement is both safe and suitable for the child and is in 04 compliance with the applicable laws of the receiving state governing the placement of 05 children. 06 (B) "Assessment" means an evaluation of a prospective placement to 07 determine whether the placement meets the individualized needs of the child, 08 including but not limited to the child's safety and stability, health and well-being, and 09 mental, emotional and physical development. 10 (C) "Child" means an individual who has not attained the age of 11 eighteen (18). 12 (D) "Default" means the failure of a member state to perform the 13 obligations or responsibilities imposed upon it by this compact, the bylaws or rules of 14 the Interstate Commission. 15 (E) "Indian tribe" means any Indian tribe, band, nation, or other 16 organized group or community of Indians recognized as eligible for services provided 17 to Indians by the Secretary of the Interior because of their status as Indians, including 18 any Alaskan native village as defined in section 3 (c) of the Alaska Native Claims 19 Settlement Act at 43 USC §1602(c). 20 (F) "Interstate Commission for the Placement of Children" means the 21 commission that is created under Article VIII of this compact and which is generally 22 referred to as the Interstate Commission. 23 (G) "Jurisdiction" means the power and authority of a court to hear and 24 decide matters. 25 (H) "Member state" means a state that has enacted this compact. 26 (I) "Non-custodial parent" means a person who, at the time of the 27 commencement of court proceedings in the sending state, does not have sole legal 28 custody of the child or has joint legal custody of a child, and who is not the subject of 29 allegations or findings of child abuse or neglect. 30 (J) "Non-member state" means a state which has not enacted this 31 compact.
01 (K) "Notice of residential placement" means information regarding a 02 placement into a residential facility provided to the receiving state including, but not 03 limited to the name, date and place of birth of the child, the identity and address of the 04 parent or legal guardian, evidence of authority to make the placement, and the name 05 and address of the facility in which the child will be placed. Notice of residential 06 placement shall also include information regarding a discharge and any unauthorized 07 absence from the facility. 08 (L) "Placement" means the act by a public or private child placing 09 agency intended to arrange for the care or custody of a child in another state. 10 (M) "Private child placing agency" means any private corporation, 11 agency, foundation, institution, or charitable organization, or any private person or 12 attorney that facilitates, causes, or is involved in the placement of a child from one 13 state to another and that is not an instrumentality of the state or acting under color of 14 state law. 15 (N) "Provisional placement" means that the receiving state has 16 determined that the proposed placement is safe and suitable, and, to the extent 17 allowable, the receiving state has temporarily waived its standards or requirements 18 otherwise applicable to prospective foster or adoptive parents so as to not delay the 19 placement. Completion of the receiving state requirements regarding training for 20 prospective foster or adoptive parents shall not delay an otherwise safe and suitable 21 placement. 22 (O) "Public child placing agency" means any government child 23 welfare agency or child protection agency or a private entity under contract with such 24 an agency, regardless of whether they act on behalf of a state, county, municipality or 25 other governmental unit and which facilitates, causes, or is involved in the placement 26 of a child from one state to another. 27 (P) "Receiving state" means the state to which a child is sent, brought, 28 or caused to be sent or brought. 29 (Q) "Relative" means someone who is related to the child as a parent, 30 step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or 31 first cousin or a non-relative with such significant ties to the child that they may be
01 regarded as relatives as determined by the court in the sending state. 02 (R) "Residential Facility" means a facility providing a level of care 03 that is sufficient to substitute for parental responsibility or foster care, and is beyond 04 what is needed for assessment or treatment of an acute condition. For purposes of the 05 compact, residential facilities do not include institutions primarily educational in 06 character, hospitals or other medical facilities. 07 (S) "Rule" means a written directive, mandate, standard or principle 08 issued by the Interstate Commission promulgated pursuant to Article XI of this 09 compact that is of general applicability and that implements, interprets or prescribes a 10 policy or provision of the compact. "Rule" has the force and effect of statutory law in 11 a member state, and includes the amendment, repeal, or suspension of an existing rule. 12 (T) "Sending state" means the state from which the placement of a 13 child is initiated. 14 (U) "Service member's permanent duty station" means the military 15 installation where an active duty Armed Services member is currently assigned and is 16 physically located under competent orders that do not specify the duty as temporary. 17 (V) "Service member's state of legal residence" means the state in 18 which the active duty Armed Services member is considered a resident for tax and 19 voting purposes. 20 (W) "State" means a state of the United States, the District of 21 Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 22 American Samoa, the Northern Marianas Islands and any other territory of the United 23 States. 24 (X) "State court" means a judicial body of a state that is vested by law 25 with responsibility for adjudicating cases involving abuse, neglect, deprivation, 26 delinquency or status offenses of individuals who have not attained the age of eighteen 27 (18). 28 (Y) "Supervision" means monitoring provided by the receiving state 29 once a child has been placed in a receiving state pursuant to this compact. 30 ARTICLE III. APPLICABILITY 31 (A) Except as otherwise provided in Article III, Section B, this
01 compact shall apply to: 02 (1) The interstate placement of a child subject to ongoing court 03 jurisdiction in the sending state, due to allegations or findings that the child has 04 been abused, neglected, or deprived as defined by the laws of the sending state, 05 provided, however, that the placement of such a child into a residential facility 06 shall only require notice of residential placement to the receiving state prior to 07 placement. 08 (2) The interstate placement of a child adjudicated delinquent 09 or unmanageable based on the laws of the sending state and subject to ongoing 10 court jurisdiction of the sending state if: 11 (a) the child is being placed in a residential facility in 12 another member state and is not covered under another compact; or 13 (b) the child is being placed in another member state 14 and the determination of safety and suitability of the placement and 15 services required is not provided through another compact. 16 (3) The interstate placement of any child by a public child 17 placing agency or private child placing agency as defined in this compact as a 18 preliminary step to a possible adoption. 19 (B) The provisions of this compact do not apply to: 20 (1) The interstate placement of a child with a non-relative in a 21 receiving state by a parent with the legal authority to make such a placement 22 provided, however, that the placement is not intended to effectuate an 23 adoption. 24 (2) The interstate placement of a child by one relative with the 25 lawful authority to make such a placement directly with a relative in a 26 receiving state. 27 (3) The placement of a child, not subject to Article III, Section 28 A, into a residential facility by his parent. 29 (4) The placement of a child with a non-custodial parent 30 provided that: 31 (a) The non-custodial parent proves to the satisfaction
01 of a court in the sending state a substantial relationship with the child; 02 and 03 (b) The court in the sending state makes a written 04 finding that placement with the non-custodial parent is in the best 05 interests of the child; and 06 (c) The court in the sending state dismisses its 07 jurisdiction over the child's case. 08 (5) A child entering the United States from a foreign country 09 for the purpose of adoption or leaving the United States to go to a foreign 10 country for the purpose of adoption in that country. 11 (6) Cases in which a U.S. citizen child living overseas with his 12 family, at least one of whom is in the U.S. Armed Services, and who is 13 stationed overseas, is removed and placed in a state. 14 (7) The sending of a child by a public child placing agency or a 15 private child placing agency for a visit as defined by the rules of the Interstate 16 Commission. 17 (C) For purposes of determining the applicability of this compact to 18 the placement of a child with a family in the Armed Services, the public child placing 19 agency or private child placing agency may choose the state of the service member's 20 permanent duty station or the service member's declared legal residence. 21 (D) Nothing in this compact shall be construed to prohibit the 22 concurrent application of the provisions of this compact with other applicable 23 interstate compacts including the Interstate Compact for Juveniles and the Interstate 24 Compact on Adoption and Medical Assistance. The Interstate Commission may in 25 cooperation with other interstate compact commissions having responsibility for the 26 interstate movement, placement or transfer of children, promulgate like rules to ensure 27 the coordination of services, timely placement of children, and the reduction of 28 unnecessary or duplicative administrative or procedural requirements. 29 ARTICLE IV. JURISDICTION 30 (A) The sending state shall retain jurisdiction over a child with respect 31 to all matters of custody and disposition of the child which it would have had if the
01 child had remained in the sending state. Such jurisdiction shall also include the power 02 to order the return of the child to the sending state. 03 (B) When an issue of child protection or custody is brought before a 04 court in the receiving state, such court shall confer with the court of the sending state 05 to determine the most appropriate forum for adjudication. 06 (C) In accordance with its own laws, the court in the sending state shall 07 have authority to terminate its jurisdiction if: 08 (1) The child is reunified with the parent in the receiving state 09 who is the subject of allegations or findings of abuse or neglect, only with the 10 concurrence of the public child placing agency in the receiving state; or 11 (2) The child is adopted; or 12 (3) The child reaches the age of majority under the laws of the 13 sending state; or 14 (4) The child achieves legal independence pursuant to the laws 15 of the sending state; or 16 (5) A guardianship is created by a court in the receiving state 17 with the concurrence of the court in the sending state; or 18 (6) An Indian tribe has petitioned for and received jurisdiction 19 from the court in the sending state; or 20 (7) The public child placing agency of the sending state 21 requests termination and has obtained the concurrence of the public child 22 placing agency in the receiving state. 23 (D) When a sending state court terminates its jurisdiction, the 24 receiving state child placing agency shall be notified. 25 (E) Nothing in this article shall defeat a claim of jurisdiction by a 26 receiving state court sufficient to deal with an act of truancy, delinquency, crime or 27 behavior involving a child as defined by the laws of the receiving state committed by 28 the child in the receiving state which would be a violation of its laws. 29 (F) Nothing in this article shall limit the receiving state's ability to take 30 emergency jurisdiction for the protection of the child. 31 ARTICLE V. ASSESSMENTS
01 (A) Prior to sending, bringing, or causing a child to be sent or brought 02 into a receiving state, the public child placing agency shall provide a written request 03 for assessment to the receiving state. 04 (B) Prior to the sending, bringing, or causing a child to be sent or 05 brought into a receiving state, the private child placing agency shall: 06 (1) Provide evidence that the applicable laws of the sending 07 state have been complied with; and 08 (2) Certification that the consent or relinquishment is in 09 compliance with applicable law of the birth parent's state of residence or, 10 where permitted, the laws of the state of where the finalization of the adoption 11 will occur; and 12 (3) Request through the public child placing agency in the 13 sending state an assessment to be conducted in the receiving state; and 14 (4) Upon completion of the assessment, obtain the approval of 15 the public child placing agency in the receiving state. 16 (C) The procedures for making and the request for an assessment shall 17 contain all information and be in such form as provided for in the rules of the 18 Interstate Commission. 19 (D) Upon receipt of a request from the public child welfare agency of 20 the sending state, the receiving state shall initiate an assessment of the proposed 21 placement to determine its safety and suitability. If the proposed placement is a 22 placement with a relative, the public child placing agency of the sending state may 23 request a determination of whether the placement qualifies as a provisional placement. 24 (E) The public child placing agency in the receiving state may request 25 from the public child placing agency or the private child placing agency in the sending 26 state, and shall be entitled to receive supporting or additional information necessary to 27 complete the assessment. 28 (F) The public child placing agency in the receiving state shall 29 complete or arrange for the completion of the assessment within the timeframes 30 established by the rules of the Interstate Commission. 31 (G) The Interstate Commission may develop uniform standards for the
01 assessment of the safety and suitability of interstate placements. 02 ARTICLE VI. PLACEMENT AUTHORITY 03 (A) Except as provided in Article VI, Section C, no child subject to 04 this compact shall be placed into a receiving state until approval for such placement is 05 obtained. 06 (B) If the public child placing agency in the receiving state does not 07 approve the proposed placement then the child shall not be placed. The receiving state 08 shall provide written documentation of any such determination in accordance with the 09 rules promulgated by the Interstate Commission. Such determination is not subject to 10 judicial review in the sending state. 11 (C) If the proposed placement is not approved, any interested party 12 shall have standing to seek an administrative review of the receiving state's 13 determination. 14 (1) The administrative review and any further judicial review 15 associated with the determination shall be conducted in the receiving state 16 pursuant to its applicable administrative procedures. 17 (2) If a determination not to approve the placement of the child 18 in the receiving state is overturned upon review, the placement shall be deemed 19 approved, provided however that all administrative or judicial remedies have 20 been exhausted or the time for such remedies has passed. 21 ARTICLE VII. STATE RESPONSIBILITY 22 (A) For the interstate placement of a child made by a public child 23 placing agency or state court: 24 (1) The public child placing agency in the sending state shall 25 have financial responsibility for: 26 (a) the ongoing support and maintenance for the child 27 during the period of the placement, unless otherwise provided for in the 28 receiving state; and 29 (b) as determined by the public child placing agency in 30 the sending state, services for the child beyond the public services for 31 which the child is eligible in the receiving state.
01 (2) The receiving state shall only have financial responsibility 02 for: 03 (a) any assessment conducted by the receiving state; 04 and 05 (b) supervision conducted by the receiving state at the 06 level necessary to support the placement as agreed upon by the public 07 child placing agencies of the receiving and sending state. 08 (3) Nothing in this provision shall prohibit public child placing 09 agencies in the sending state from entering into agreements with licensed 10 agencies or persons in the receiving state to conduct assessments and provide 11 supervision. 12 (B) For the placement of a child by a private child placing agency 13 preliminary to a possible adoption, the private child placing agency shall be: 14 (1) Legally responsible for the child during the period of 15 placement as provided for in the law of the sending state until the finalization 16 of the adoption. 17 (2) Financially responsible for the child absent a contractual 18 agreement to the contrary. 19 (C) A private child placing agency shall be responsible for any 20 assessment conducted in the receiving state and any supervision conducted by the 21 receiving state at the level required by the laws of the receiving state or the rules of the 22 Interstate Commission. 23 (D) The public child placing agency in the receiving state shall provide 24 timely assessments, as provided for in the rules of the Interstate Commission. 25 (E) The public child placing agency in the receiving state shall 26 provide, or arrange for the provision of, supervision and services for the child, 27 including timely reports, during the period of the placement. 28 (F) Nothing in this compact shall be construed as to limit the authority 29 of the public child placing agency in the receiving state from contracting with a 30 licensed agency or person in the receiving state for an assessment or the provision of 31 supervision or services for the child or otherwise authorizing the provision of
01 supervision or services by a licensed agency during the period of placement. 02 (G) Each member state shall provide for coordination among its 03 branches of government concerning the state's participation in, and compliance with, 04 the compact and Interstate Commission activities, through the creation of an advisory 05 council or use of an existing body or board. 06 (H) Each member state shall establish a central state compact office, 07 which shall be responsible for state compliance with the compact and the rules of the 08 Interstate Commission. 09 (I) The public child placing agency in the sending state shall oversee 10 compliance with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) 11 for placements subject to the provisions of this compact, prior to placement. 12 (J) With the consent of the Interstate Commission, states may enter 13 into limited agreements that facilitate the timely assessment and provision of services 14 and supervision of placements under this compact. 15 ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN 16 The member states hereby establish, by way of this compact, a commission 17 known as the "Interstate Commission for the Placement of Children." The activities of 18 the Interstate Commission are the formation of public policy and are a discretionary 19 state function. The Interstate Commission shall: 20 (A) Be a joint commission of the member states and shall have the 21 responsibilities, powers and duties set forth herein, and such additional powers as may 22 be conferred upon it by subsequent concurrent action of the respective legislatures of 23 the member states. 24 (B) Consist of one commissioner from each member state who shall be 25 appointed by the executive head of the state human services administration with 26 ultimate responsibility for the child welfare program. The appointed commissioner 27 shall have the legal authority to vote on policy related matters governed by this 28 compact binding the state. 29 (1) Each member state represented at a meeting of the Interstate 30 Commission is entitled to one vote. 31 (2) A majority of the member states shall constitute a quorum
01 for the transaction of business, unless a larger quorum is required by the 02 bylaws of the Interstate Commission. 03 (3) A representative shall not delegate a vote to another 04 member state. 05 (4) A representative may delegate voting authority to another 06 person from their state for a specified meeting. 07 (C) In addition to the commissioners of each member state, the 08 Interstate Commission shall include persons who are members of interested 09 organizations as defined in the bylaws or rules of the Interstate Commission. Such 10 members shall be ex officio and shall not be entitled to vote on any matter before the 11 Interstate Commission. 12 (D) Establish an executive committee which shall have the authority to 13 administer the day-to-day operations and administration of the Interstate Commission. 14 It shall not have the power to engage in rulemaking. 15 ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION 16 The Interstate Commission shall have the following powers: 17 (A) To promulgate rules and take all necessary actions to effect the 18 goals, purposes and obligations as enumerated in this compact. 19 (B) To provide for dispute resolution among member states. 20 (C) To issue, upon request of a member state, advisory opinions 21 concerning the meaning or interpretation of the interstate compact, its bylaws, rules or 22 actions. 23 (D) To enforce compliance with this compact or the bylaws or rules of 24 the Interstate Commission pursuant to Article XII. 25 (E) Collect standardized data concerning the interstate placement of 26 children subject to this compact as directed through its rules which shall specify the 27 data to be collected, the means of collection and data exchange and reporting 28 requirements. 29 (F) To establish and maintain offices as may be necessary for the 30 transacting of its business. 31 (G) To purchase and maintain insurance and bonds.
01 (H) To hire or contract for services of personnel or consultants as 02 necessary to carry out its functions under the compact and establish personnel 03 qualification policies, and rates of compensation. 04 (I) To establish and appoint committees and officers including, but not 05 limited to, an executive committee as required by Article X. 06 (J) To accept any and all donations and grants of money, equipment, 07 supplies, materials, and services, and to receive, utilize, and dispose thereof. 08 (K) To lease, purchase, accept contributions or donations of, or 09 otherwise to own, hold, improve or use any property, real, personal, or mixed. 10 (L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 11 otherwise dispose of any property, real, personal or mixed. 12 (M) To establish a budget and make expenditures. 13 (N) To adopt a seal and bylaws governing the management and 14 operation of the Interstate Commission. 15 (O) To report annually to the legislatures, governors, the judiciary, and 16 state advisory councils of the member states concerning the activities of the Interstate 17 Commission during the preceding year. Such reports shall also include any 18 recommendations that may have been adopted by the Interstate Commission. 19 (P) To coordinate and provide education, training and public 20 awareness regarding the interstate movement of children for officials involved in such 21 activity. 22 (Q) To maintain books and records in accordance with the bylaws of 23 the Interstate Commission. 24 (R) To perform such functions as may be necessary or appropriate to 25 achieve the purposes of this compact. 26 ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE 27 COMMISSION 28 (A) Bylaws 29 (1) Within 12 months after the first Interstate Commission 30 meeting, the Interstate Commission shall adopt bylaws to govern its conduct as 31 may be necessary or appropriate to carry out the purposes of the compact.
01 (2) The Interstate Commission's bylaws and rules shall 02 establish conditions and procedures under which the Interstate Commission 03 shall make its information and official records available to the public for 04 inspection or copying. The Interstate Commission may exempt from disclosure 05 information or official records to the extent they would adversely affect 06 personal privacy rights or proprietary interests. 07 (B) Meetings 08 (1) The Interstate Commission shall meet at least once each 09 calendar year. The chairperson may call additional meetings and, upon the 10 request of a simple majority of the member states shall call additional 11 meetings. 12 (2) Public notice shall be given by the Interstate Commission 13 of all meetings and all meetings shall be open to the public, except as set forth 14 in the rules or as otherwise provided in the compact. The Interstate 15 Commission and its committees may close a meeting, or portion thereof, where 16 it determines by two-thirds vote that an open meeting would be likely to: 17 (a) relate solely to the Interstate Commission's internal 18 personnel practices and procedures; or 19 (b) disclose matters specifically exempted from 20 disclosure by federal law; or 21 (c) disclose financial or commercial information which 22 is privileged, proprietary or confidential in nature; or 23 (d) involve accusing a person of a crime, or formally 24 censuring a person; or 25 (e) disclose information of a personal nature where 26 disclosure would constitute a clearly unwarranted invasion of personal 27 privacy or physically endanger one or more persons; or 28 (f) disclose investigative records compiled for law 29 enforcement purposes; or 30 (g) specifically relate to the Interstate Commission's 31 participation in a civil action or other legal proceeding.
01 (3) For a meeting, or portion of a meeting, closed pursuant to 02 this provision, the Interstate Commission's legal counsel or designee shall 03 certify that the meeting may be closed and shall reference each relevant 04 exemption provision. The Interstate Commission shall keep minutes which 05 shall fully and clearly describe all matters discussed in a meeting and shall 06 provide a full and accurate summary of actions taken, and the reasons 07 therefore, including a description of the views expressed and the record of a 08 roll call vote. All documents considered in connection with an action shall be 09 identified in such minutes. All minutes and documents of a closed meeting 10 shall remain under seal, subject to release by a majority vote of the Interstate 11 Commission or by court order. 12 (4) The bylaws may provide for meetings of the Interstate 13 Commission to be conducted by telecommunication or other electronic 14 communication. 15 (C) Officers and Staff 16 (1) The Interstate Commission may, through its executive 17 committee, appoint or retain a staff director for such period, upon such terms 18 and conditions and for such compensation as the Interstate Commission may 19 deem appropriate. The staff director shall serve as secretary to the Interstate 20 Commission, but shall not have a vote. The staff director may hire and 21 supervise such other staff as may be authorized by the Interstate Commission. 22 (2) The Interstate Commission shall elect, from among its 23 members, a chairperson and a vice chairperson of the executive committee and 24 other necessary officers, each of whom shall have such authority and duties as 25 may be specified in the bylaws. 26 (D) Qualified Immunity, Defense and Indemnification 27 (1) The Interstate Commission's staff director and its 28 employees shall be immune from suit and liability, either personally or in their 29 official capacity, for a claim for damage to or loss of property or personal 30 injury or other civil liability caused or arising out of or relating to an actual or 31 alleged act, error, or omission that occurred, or that such person had a
01 reasonable basis for believing occurred within the scope of Commission 02 employment, duties, or responsibilities; provided, that such person shall not be 03 protected from suit or liability for damage, loss, injury, or liability caused by a 04 criminal act or the intentional or willful and wanton misconduct of such 05 person. 06 (a) The liability of the Interstate Commission's staff 07 director and employees or Interstate Commission representatives, 08 acting within the scope of such person's employment or duties for acts, 09 errors, or omissions occurring within such person's state may not 10 exceed the limits of liability set forth under the Constitution and laws 11 of that state for state officials, employees, and agents. The Interstate 12 Commission is considered to be an instrumentality of the states for the 13 purposes of any such action. Nothing in this subsection shall be 14 construed to protect such person from suit or liability for damage, loss, 15 injury, or liability caused by a criminal act or the intentional or willful 16 and wanton misconduct of such person. 17 (b) The Interstate Commission shall defend the staff 18 director and its employees and, subject to the approval of the Attorney 19 General or other appropriate legal counsel of the member state shall 20 defend the commissioner of a member state in a civil action seeking to 21 impose liability arising out of an actual or alleged act, error or omission 22 that occurred within the scope of Interstate Commission employment, 23 duties or responsibilities, or that the defendant had a reasonable basis 24 for believing occurred within the scope of Interstate Commission 25 employment, duties, or responsibilities, provided that the actual or 26 alleged act, error, or omission did not result from intentional or willful 27 and wanton misconduct on the part of such person. 28 (c) To the extent not covered by the state involved, 29 member state, or the Interstate Commission, the representatives or 30 employees of the Interstate Commission shall be held harmless in the 31 amount of a settlement or judgment, including attorney's fees and costs,
01 obtained against such persons arising out of an actual or alleged act, 02 error, or omission that occurred within the scope of Interstate 03 Commission employment, duties, or responsibilities, or that such 04 persons had a reasonable basis for believing occurred within the scope 05 of Interstate Commission employment, duties, or responsibilities, 06 provided that the actual or alleged act, error, or omission did not result 07 from intentional or willful and wanton misconduct on the part of such 08 persons. 09 ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 10 (A) The Interstate Commission shall promulgate and publish rules in 11 order to effectively and efficiently achieve the purposes of the compact. 12 (B) Rulemaking shall occur pursuant to the criteria set forth in this 13 article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall 14 substantially conform to the principles of the "Model State Administrative Procedures 15 Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other 16 administrative procedure acts as the Interstate Commission deems appropriate 17 consistent with due process requirements under the United States Constitution as now 18 or hereafter interpreted by the U. S. Supreme Court. All rules and amendments shall 19 become binding as of the date specified, as published with the final version of the rule 20 as approved by the Interstate Commission. 21 (C) When promulgating a rule, the Interstate Commission shall, at a 22 minimum: 23 (1) Publish the proposed rule's entire text stating the reason(s) 24 for that proposed rule; and 25 (2) Allow and invite any and all persons to submit written data, 26 facts, opinions and arguments, which information shall be added to the record, 27 and be made publicly available; and 28 (3) Promulgate a final rule and its effective date, if appropriate, 29 based on input from state or local officials, or interested parties. 30 (D) Rules promulgated by the Interstate Commission shall have the 31 force and effect of statutory law and shall supersede any state law, rule or regulation to
01 the extent of any conflict. 02 (E) Not later than 60 days after a rule is promulgated, an interested 03 person may file a petition in the U.S. District Court for the District of Columbia or in 04 the Federal District Court where the Interstate Commission's principal office is located 05 for judicial review of such rule. If the court finds that the Interstate Commission's 06 action is not supported by substantial evidence in the rulemaking record, the court 07 shall hold the rule unlawful and set it aside. 08 (F) If a majority of the legislatures of the member states rejects a rule, 09 those states may by enactment of a statute or resolution in the same manner used to 10 adopt the compact cause that such rule shall have no further force and effect in any 11 member state. 12 (G) The existing rules governing the operation of the Interstate 13 Compact on the Placement of Children superseded by this act shall be null and void no 14 less than 12, but no more than 24 months after the first meeting of the Interstate 15 Commission created hereunder, as determined by the members during the first 16 meeting. 17 (H) Within the first 12 months of operation, the Interstate Commission 18 shall promulgate rules addressing the following: 19 (1) Transition rules 20 (2) Forms and procedures 21 (3) Time lines 22 (4) Data collection and reporting 23 (5) Rulemaking 24 (6) Visitation 25 (7) Progress reports/supervision 26 (8) Sharing of information/confidentiality 27 (9) Financing of the Interstate Commission 28 (10) Mediation, arbitration and dispute resolution 29 (11) Education, training and technical assistance 30 (12) Enforcement 31 (13) Coordination with other interstate compacts
01 (I) Upon determination by a majority of the members of the Interstate 02 Commission that an emergency exists: 03 (1) The Interstate Commission may promulgate an emergency 04 rule only if it is required to: 05 (a) Protect the children covered by this compact from 06 an imminent threat to their health, safety and well-being; or 07 (b) Prevent loss of federal or state funds; or 08 (c) Meet a deadline for the promulgation of an 09 administrative rule required by federal law. 10 (2) An emergency rule shall become effective immediately 11 upon adoption, provided that the usual rulemaking procedures provided 12 hereunder shall be retroactively applied to said rule as soon as reasonably 13 possible, but no later than 90 days after the effective date of the emergency 14 rule. 15 (3) An emergency rule shall be promulgated as provided for in 16 the rules of the Interstate Commission. 17 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT 18 (A) Oversight 19 (1) The Interstate Commission shall oversee the administration 20 and operation of the compact. 21 (2) The executive, legislative and judicial branches of state 22 government in each member state shall enforce this compact and the rules of 23 the Interstate Commission and shall take all actions necessary and appropriate 24 to effectuate the compact's purposes and intent. The compact and its rules shall 25 supersede state law, rules or regulations to the extent of any conflict therewith. 26 (3) All courts shall take judicial notice of the compact and the 27 rules in any judicial or administrative proceeding in a member state pertaining 28 to the subject matter of this compact. 29 (4) The Interstate Commission shall be entitled to receive 30 service of process in any action in which the validity of a compact provision or 31 rule is the issue for which a judicial determination has been sought and shall
01 have standing to intervene in any proceedings. Failure to provide service of 02 process to the Interstate Commission shall render any judgment, order or other 03 determination, however so captioned or classified, void as to the Interstate 04 Commission, this compact, its bylaws or rules of the Interstate Commission. 05 (B) Dispute Resolution 06 (1) The Interstate Commission shall attempt, upon the request 07 of a member state, to resolve disputes which are subject to the compact and 08 which may arise among member states and between member and non-member 09 states. 10 (2) The Interstate Commission shall promulgate a rule 11 providing for both mediation and binding dispute resolution for disputes 12 among compacting states. The costs of such mediation or dispute resolution 13 shall be the responsibility of the parties to the dispute. 14 (C) Enforcement 15 (1) If the Interstate Commission determines that a member state 16 has defaulted in the performance of its obligations or responsibilities under this 17 compact, its bylaws or rules, the Interstate Commission may: 18 (a) Provide remedial training and specific technical 19 assistance; or 20 (b) Provide written notice to the defaulting state and 21 other member states, of the nature of the default and the means of 22 curing the default. The Interstate Commission shall specify the 23 conditions by which the defaulting state must cure its default; or 24 (c) By majority vote of the members, initiate against a 25 defaulting member state legal action in the United States District Court 26 for the District of Columbia or, at the discretion of the Interstate 27 Commission, in the federal district where the Interstate Commission 28 has its principal office, to enforce compliance with the provisions of the 29 compact, its bylaws or rules. The relief sought may include both 30 injunctive relief and damages. In the event judicial enforcement is 31 necessary the prevailing party shall be awarded all costs of such
01 litigation including reasonable attorney's fees; or 02 (d) Avail itself of any other remedies available under 03 state law or the regulation of official or professional conduct. 04 ARTICLE XIII. FINANCING OF THE COMMISSION 05 (A) The Interstate Commission shall pay, or provide for the payment of 06 the reasonable expenses of its establishment, organization and ongoing activities. 07 (B) The Interstate Commission may levy on and collect an annual 08 assessment from each member state to cover the cost of the operations and activities of 09 the Interstate Commission and its staff which must be in a total amount sufficient to 10 cover the Interstate Commission's annual budget as approved by its members each 11 year. The aggregate annual assessment amount shall be allocated based upon a 12 formula to be determined by the Interstate Commission which shall promulgate a rule 13 binding upon all member states. 14 (C) The Interstate Commission shall not incur obligations of any kind 15 prior to securing the funds adequate to meet the same; nor shall the Interstate 16 Commission pledge the credit of any of the member states, except by and with the 17 authority of the member state. 18 (D) The Interstate Commission shall keep accurate accounts of all 19 receipts and disbursements. The receipts and disbursements of the Interstate 20 Commission shall be subject to the audit and accounting procedures established under 21 its bylaws. However, all receipts and disbursements of funds handled by the Interstate 22 Commission shall be audited yearly by a certified or licensed public accountant and 23 the report of the audit shall be included in and become part of the annual report of the 24 Interstate Commission. 25 ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 26 (A) Any state is eligible to become a member state. 27 (B) The compact shall become effective and binding upon legislative 28 enactment of the compact into law by no less than 35 states. Thereafter it shall become 29 effective and binding as to any other member state upon enactment of the compact 30 into law by that state. The executive heads of the state human services administration 31 with ultimate responsibility for the child welfare program of non-member states or
01 their designees shall be invited to participate in the activities of the Interstate 02 Commission on a non-voting basis prior to adoption of the compact by all states. 03 (C) The Interstate Commission may propose amendments to the 04 compact for enactment by the member states. No amendment shall become effective 05 and binding on the member states unless and until it is enacted into law by unanimous 06 consent of the member states. 07 ARTICLE XV. WITHDRAWAL AND DISSOLUTION 08 (A) Withdrawal 09 (1) Once effective, the compact shall continue in force and 10 remain binding upon each and every member state; provided that a member 11 state may withdraw from the compact specifically repealing the statute which 12 enacted the compact into law. 13 (2) Withdrawal from this compact shall be by the enactment of 14 a statute repealing the same. The effective date of withdrawal shall be the 15 effective date of the repeal of the statute. 16 (3) The withdrawing state shall immediately notify the 17 president of the Interstate Commission in writing upon the introduction of 18 legislation repealing this compact in the withdrawing state. The Interstate 19 Commission shall then notify the other member states of the withdrawing 20 state's intent to withdraw. 21 (4) The withdrawing state is responsible for all assessments, 22 obligations and liabilities incurred through the effective date of withdrawal. 23 (5) Reinstatement following withdrawal of a member state shall 24 occur upon the withdrawing state reenacting the compact or upon such later 25 date as determined by the members of the Interstate Commission. 26 (B) Dissolution of Compact 27 (1) This compact shall dissolve effective upon the date of the 28 withdrawal or default of the member state which reduces the membership in 29 the compact to one member state. 30 (2) Upon the dissolution of this compact, the compact becomes 31 null and void and shall be of no further force or effect, and the business and
01 affairs of the Interstate Commission shall be concluded and surplus funds shall 02 be distributed in accordance with the bylaws. 03 ARTICLE XVI. SEVERABILITY AND CONSTRUCTION 04 (A) The provisions of this compact shall be severable, and if any 05 phrase, clause, sentence or provision is deemed unenforceable, the remaining 06 provisions of the compact shall be enforceable. 07 (B) The provisions of this compact shall be liberally construed to 08 effectuate its purposes. 09 (C) Nothing in this compact shall be construed to prohibit the 10 concurrent applicability of other interstate compacts to which the states are members. 11 ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS 12 (A) Other Laws 13 (1) Nothing herein prevents the enforcement of any other law 14 of a member state that is not inconsistent with this compact. 15 (2) All member states' laws conflicting with this compact or its 16 rules are superseded to the extent of the conflict. 17 (B) Binding Effect of the Compact 18 (1) All lawful actions of the Interstate Commission, including 19 all rules and bylaws promulgated by the Interstate Commission, are binding 20 upon the member states. 21 (2) All agreements between the Interstate Commission and the 22 member states are binding in accordance with their terms. 23 (3) In the event any provision of this compact exceeds the 24 constitutional limits imposed on the legislature of any member state, such 25 provision shall be ineffective to the extent of the conflict with the 26 constitutional provision in question in that member state. 27 ARTICLE XVIII. INDIAN TRIBES 28 Notwithstanding any other provision in this compact, the Interstate 29 Commission may promulgate guidelines to permit Indian tribes to utilize the compact 30 to achieve any or all of the purposes of the compact as specified in Article I. The 31 Interstate Commission shall make reasonable efforts to consult with Indian tribes in
01 promulgating guidelines to reflect the diverse circumstances of the various Indian 02 tribes. 03 * Sec. 3. AS 47.70.020 is amended to read: 04 Sec. 47.70.020. Financial responsibility. Financial responsibility for a child 05 placed in accordance with the Interstate Compact for [ON] the Placement of Children 06 shall be determined in accordance with art. VII [V] of the compact. However, in the 07 event of partial or complete default of performance under the compact, the provisions 08 of AS 47.14.100(b) apply. 09 * Sec. 4. AS 47.70.040 is amended to read: 10 Sec. 47.70.040. Agreements. The officers and agencies of this state and its 11 subdivisions having authority to place children are empowered to enter into 12 agreements with appropriate officers or agencies of or in other party states under art. 13 V(B) and art. VII(J) [ART. V(b)] of the Interstate Compact for [ON] the Placement 14 of Children. 15 * Sec. 5. AS 47.70.050 is amended to read: 16 Sec. 47.70.050. Delegation by agreement. Requirements for visitation, 17 inspection, or supervision of children, homes, institutions, or other agencies in another 18 party state that [WHICH] may apply under AS 47.14.110 shall be considered to be 19 met if performed under an agreement entered into by appropriate officers or agencies 20 of this state or a subdivision of this state as contemplated by art. V(B) and art. VII(J) 21 [ART. V(b)] of the Interstate Compact for [ON] the Placement of Children. 22 * Sec. 6. AS 47.70.060 is amended to read: 23 Sec. 47.70.060. Executive head. As used in art. VIII(B) and XIV(B) [ART. 24 VII] of the Interstate Compact for [ON] the Placement of Children, the term 25 "executive head" means the commissioner of health and social services 26 [GOVERNOR]. The commissioner is authorized to establish a central compact 27 office in accordance with the terms of art. VII(H) [GOVERNOR IS 28 AUTHORIZED TO APPOINT A COMPACT ADMINISTRATOR IN 29 ACCORDANCE WITH THE TERMS OF ART. VII]. 30 * Sec. 7. AS 47.70.080 is amended to read: 31 Sec. 47.70.080. Short title. AS 47.70.010 may be cited as the Interstate
01 Compact for [ON] the Placement of Children. 02 * Sec. 8. AS 47.70.030 and 47.70.070 are repealed. 03 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 INDIRECT COURT RULE AMENDMENTS. (a) Article XII(A)(4), contained in 06 AS 47.70.010, as repealed and reenacted by sec. 2 of this Act, has the effect of amending Rule 07 4, Alaska Rules of Civil Procedure, by entitling the Interstate Commission for the Placement 08 of Children to receive service of process of a judicial proceeding in this state that pertains to 09 the Interstate Compact for the Placement of Children and in which the validity of a compact 10 provision or rule is an issue for which a judicial determination has been sought. 11 (b) Article XII(A)(4), contained in AS 47.70.010, as repealed and reenacted by sec. 2 12 of this Act, has the effect of amending Rule 24, Alaska Rules of Civil Procedure, by entitling 13 the Interstate Commission for the Placement of Children to have standing to intervene in a 14 judicial proceeding in this state that pertains to the Interstate Compact for the Placement of 15 Children and in which the validity of a compact provision or rule is an issue for which a 16 judicial determination has been sought. 17 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 CONDITIONAL EFFECT OF CERTAIN PROVISIONS. (a) Article XII(A)(4), 20 contained in AS 47.70.010, as repealed and reenacted by sec. 2 of this Act, takes effect only if 21 sec. 9(a) of this Act receives the two-thirds majority vote of each house required by art. IV, 22 sec. 15, Constitution of the State of Alaska. 23 (b) Article XII(A)(4), contained in AS 47.70.010, as repealed and reenacted by sec. 2 24 of this Act, takes effect only if sec. 9(b) of this Act receives the two-thirds majority vote of 25 each house required by art. IV, sec. 15, Constitution of the State of Alaska. 26 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 CONDITIONAL EFFECT OF ACT; COMMISSIONER'S DUTY TO NOTIFY. (a) 29 Sections 1 - 10 of this Act take effect only if at least 34 other states have ratified the Interstate 30 Compact for the Placement of Children. 31 (b) The commissioner of health and social services or the commissioner's designee
01 shall notify the lieutenant governor and the revisor of statutes when at least 34 other states 02 have ratified the Interstate Compact for the Placement of Children. 03 * Sec. 12. If secs. 1 - 10 of this Act take effect under sec. 11 of this Act, they take effect the 04 day after the date on which the commissioner of health and social services or the 05 commissioner's designee notifies the revisor of statutes that at least 34 other states have 06 ratified the Interstate Compact for the Placement of Children or July 1, 2007, whichever is 07 later.