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Enrolled HB 50: Relating to the Interstate Compact for the Placement of Children; establishing an interstate commission for the placement of children; amending Rules 4 and 24(b), Alaska Rules of Civil Procedure; and providing for an effective date.

00Enrolled HB 50 01 Relating to the Interstate Compact for the Placement of Children; establishing an interstate 02 commission for the placement of children; amending Rules 4 and 24(b), Alaska Rules of Civil 03 Procedure; and providing for an effective date. 04 _______________ 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 AS 47.70.010 is repealed and reenacted to read: 04 Sec. 47.70.010.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 public child-placing agency in 03 the receiving state has determined that the placement is both safe and suitable for the 04 child. 05 (B) "Assessment" means an evaluation of a prospective placement by a 06 public child-placing agency in the receiving state to determine if the placement meets 07 the individualized needs of the child, including but not limited to the child's safety and 08 stability, health and well-being, and mental, emotional and physical development. An 09 assessment is only applicable to a placement by a public child-placing agency. 10 (C) "Child" means an individual who has not attained the age of 11 eighteen (18). 12 (D) "Certification" means to attest, declare, or swear before a judge or 13 notary public. 14 (E) "Default" means the failure of a member state to perform the 15 obligations or responsibilities imposed upon it by this compact, the bylaws or rules of 16 the Interstate Commission. 17 (F) "Home study" means an evaluation of a home environment 18 conducted in accordance with the applicable requirements of the state in which the 19 home is located, and documents the preparation and the suitability of the placement 20 resource for placement of a child in accordance with the laws and requirements of the 21 state in which the home is located. 22 (G) "Indian tribe" means any Indian tribe, band, nation, or other 23 organized group or community of Indians recognized as eligible for services provided 24 to Indians by the Secretary of the Interior because of their status as Indians, including 25 any Alaskan native village as defined in section 3 (c) of the Alaska Native Claims 26 Settlement Act at 43 USC 1602(c). 27 (H) "Interstate Commission for the Placement of Children" means the 28 commission that is created under Article VIII of this compact and which is generally 29 referred to as the Interstate Commission. 30 (I) "Jurisdiction" means the power and authority of a court to hear and 31 decide matters.

01 (J) "Legal risk" means that a child can be ordered to be returned to the 02 sending state, or the birth mother's state of residence if different from the sending 03 state, and a final decree of adoption may not be entered in any jurisdiction until all 04 consents are obtained or are dispensed with in accordance with applicable law. 05 (K) "Member state" means a state that has enacted this compact. 06 (L) "Non-custodial parent" means a person who, at the time of the 07 commencement of court proceedings in the sending state, does not have sole legal 08 custody of the child or has joint legal custody of a child, and who is not the subject of 09 allegations or findings of child abuse or neglect. 10 (M) "Non-member state" means a state which has not enacted this 11 compact. 12 (N) "Notice of residential placement" means information regarding a 13 placement into a residential facility provided to the receiving state including, but not 14 limited to the name, date and place of birth of the child, the identity and address of the 15 parent or legal guardian, evidence of authority to make the placement, and the name 16 and address of the facility in which the child will be placed. Notice of residential 17 placement shall also include information regarding a discharge and any unauthorized 18 absence from the facility. 19 (O) "Placement" means the act by a public or private child-placing 20 agency intended to arrange for the care or custody of a child in another state. 21 (P) "Private child-placing agency" means any private corporation, 22 agency, foundation, institution, or charitable organization, or any private person or 23 attorney that facilitates, causes, or is involved in the placement of a child from one 24 state to another and that is not an instrumentality of the state or acting under color of 25 state law. 26 (Q) "Provisional placement" means a determination made by the 27 public child-placing agency in the receiving state that the proposed placement is safe 28 and suitable, and, to the extent allowable, the receiving state has temporarily waived 29 its standards or requirements otherwise applicable to prospective foster or adoptive 30 parents so as to not delay the placement. Completion of the receiving state 31 requirements regarding training for prospective foster or adoptive parents shall not

01 delay an otherwise safe and suitable placement. 02 (R) "Public child-placing agency" means any government child 03 welfare agency or child protection agency or a private entity under contract with such 04 an agency, regardless of whether they act on behalf of a state, county, municipality or 05 other governmental unit and which facilitates, causes, or is involved in the placement 06 of a child from one state to another. 07 (S) "Receiving state" means the state to which a child is sent, brought, 08 or caused to be sent or brought. 09 (T) "Relative" means someone who is related to the child as a parent, 10 step-parent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or 11 first cousin or a non-relative with such significant ties to the child that they may be 12 regarded as relatives as determined by the court in the sending state. 13 (U) "Residential Facility" means a facility providing a level of care 14 that is sufficient to substitute for parental responsibility or foster care, and is beyond 15 what is needed for assessment or treatment of an acute condition. For purposes of the 16 compact, residential facilities do not include institutions primarily educational in 17 character, hospitals or other medical facilities. 18 (V) "Rule" means a written directive, mandate, standard or principle 19 issued by the Interstate Commission promulgated pursuant to Article XI of this 20 compact that is of general applicability and that implements, interprets or prescribes a 21 policy or provision of the compact. "Rule" has the force and effect of an 22 administrative regulation in a member state, and includes the amendment, repeal, or 23 suspension of an existing rule. 24 (W) "Sending state" means the state from which the placement of a 25 child is initiated. 26 (X) "Service member's permanent duty station" means the military 27 installation where an active duty Armed Services member is currently assigned and is 28 physically located under competent orders that do not specify the duty as temporary. 29 (Y) "Service member's state of legal residence" means the state in 30 which the active duty Armed Services member is considered a resident for tax and 31 voting purposes.

01 (Z) "State" means a state of the United States, the District of 02 Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, 03 American Samoa, the Northern Marianas Islands and any other territory of the United 04 States. 05 (AA) "State court" means a judicial body of a state that is vested by 06 law with responsibility for adjudicating cases involving abuse, neglect, deprivation, 07 delinquency or status offenses of individuals who have not attained the age of eighteen 08 (18). 09 (BB) "Supervision" means monitoring provided by the receiving state 10 once a child has been placed in a receiving state pursuant to this compact. 11 ARTICLE III. APPLICABILITY 12 (A) Except as otherwise provided in Article III, Section B, this 13 compact shall apply to: 14 (1) The interstate placement of a child subject to ongoing court 15 jurisdiction in the sending state, due to allegations or findings that the child has 16 been abused, neglected, or deprived as defined by the laws of the sending state, 17 provided, however, that the placement of such a child into a residential facility 18 shall only require notice of residential placement to the receiving state prior to 19 placement. 20 (2) The interstate placement of a child adjudicated delinquent 21 or unmanageable based on the laws of the sending state and subject to ongoing 22 court jurisdiction of the sending state if: 23 (a) the child is being placed in a residential facility in 24 another member state and is not covered under another compact; or 25 (b) the child is being placed in another member state 26 and the determination of safety and suitability of the placement and 27 services required is not provided through another compact. 28 (3) The interstate placement of any child by a public child- 29 placing agency or private child-placing agency as defined in this compact as a 30 preliminary step to a possible adoption. 31 (B) The provisions of this compact do not apply to:

01 (1) The interstate placement of a child in a custody proceeding 02 in which a public child-placing agency is not a party, provided that the 03 placement is not intended to effectuate an adoption. 04 (2) The interstate placement of a child with a non-relative in a 05 receiving state by a parent with the legal authority to make such a placement 06 provided, however, that the placement is not intended to effectuate an 07 adoption. 08 (3) The interstate placement of a child by one relative with the 09 lawful authority to make such a placement directly with a relative in a 10 receiving state. 11 (4) The placement of a child, not subject to Article III, Section 12 A, into a residential facility by his parent. 13 (5) The placement of a child with a non-custodial parent 14 provided that: 15 (a) The non-custodial parent proves to the satisfaction 16 of a court in the sending state a substantial relationship with the child; 17 and 18 (b) The court in the sending state makes a written 19 finding that placement with the non-custodial parent is in the best 20 interests of the child; and 21 (c) The court in the sending state dismisses its 22 jurisdiction over the child's case. 23 (6) A child entering the United States from a foreign country 24 for the purpose of adoption or leaving the United States to go to a foreign 25 country for the purpose of adoption in that country. 26 (7) Cases in which a U.S. citizen child living overseas with his 27 family, at least one of whom is in the U.S. Armed Services, and who is 28 stationed overseas, is removed and placed in a state. 29 (8) The sending of a child by a public child-placing agency or a 30 private child-placing agency for a visit as defined by the rules of the Interstate 31 Commission.

01 (C) For purposes of determining the applicability of this compact to 02 the placement of a child with a family in the Armed Services, the public child-placing 03 agency or private child-placing agency may choose the state of the service member's 04 permanent duty station or the service member's declared legal residence. 05 (D) Nothing in this compact shall be construed to prohibit the 06 concurrent application of the provisions of this compact with other applicable 07 interstate compacts including the Interstate Compact for Juveniles and the Interstate 08 Compact on Adoption and Medical Assistance. The Interstate Commission may in 09 cooperation with other interstate compact commissions having responsibility for the 10 interstate movement, placement or transfer of children, promulgate like rules to ensure 11 the coordination of services, timely placement of children, and the reduction of 12 unnecessary or duplicative administrative or procedural requirements. 13 ARTICLE IV. JURISDICTION 14 (A) Except as provided in Article IV, Section (G) and in Article V, 15 Section (B)(2) and (3), concerning private and independent adoptions, and in interstate 16 placements in which the public child-placing agency is not a party to a custody 17 proceeding, the sending state shall retain jurisdiction over a child with respect to all 18 matters of custody and disposition of the child which it would have had if the child 19 had remained in the sending state. Such jurisdiction shall also include the power to 20 order the return of the child to the sending state. 21 (B) When an issue of child protection or custody is brought before a 22 court in the receiving state, such court shall confer with the court of the sending state 23 to determine the most appropriate forum for adjudication. 24 (C) In accordance with its own laws, the court in the sending state shall 25 have authority to terminate its jurisdiction if: 26 (1) The child is reunified with the parent in the receiving state 27 who is the subject of allegations or findings of abuse or neglect, only with the 28 concurrence of the public child-placing agency in the receiving state; or 29 (2) The child is adopted; or 30 (3) The child reaches the age of majority under the laws of the 31 sending state; or

01 (4) The child achieves legal independence pursuant to the laws 02 of the sending state; or 03 (5) A guardianship is created by a court in the receiving state 04 with the concurrence of the court in the sending state; or 05 (6) An Indian tribe has petitioned for and received jurisdiction 06 from the court in the sending state; or 07 (7) The public child-placing agency of the sending state 08 requests termination and has obtained the concurrence of the public child- 09 placing agency in the receiving state. 10 (D) When a sending state court terminates its jurisdiction, the 11 receiving state child-placing agency shall be notified. 12 (E) Nothing in this article shall defeat a claim of jurisdiction by a 13 receiving state court sufficient to deal with an act of truancy, delinquency, crime or 14 behavior involving a child as defined by the laws of the receiving state committed by 15 the child in the receiving state which would be a violation of its laws. 16 (F) Nothing in this article shall limit the receiving state's ability to take 17 emergency jurisdiction for the protection of the child. 18 (G) The substantive laws of the state in which an adoption will be 19 finalized shall solely govern all issues relating to the adoption of a child, and the court 20 in which the adoption proceeding is filed shall have subject matter jurisdiction 21 regarding all substantive issues relating to the adoption, except when: 22 (1) the child is a ward of another court that established 23 jurisdiction over the child prior to the placement; 24 (2) the child is in the legal custody of a public agency in the 25 sending state; or 26 (3) a court in the sending state has otherwise appropriately 27 assumed jurisdiction over the child prior to the submission of the request for 28 approval of placement. 29 (H) A final decree of adoption may not be entered in any jurisdiction 30 until the placement is authorized as an "approved placement" by the public child- 31 placing agency in the receiving state.

01 ARTICLE V. PLACEMENT EVALUATION 02 (A) Prior to sending, bringing, or causing a child to be sent or brought 03 into a receiving state, the public child-placing agency shall provide a written request 04 for assessment to the receiving state. 05 (B) For placements by a private child-placing agency, a child may be 06 sent or brought, or caused to be sent or brought, into a receiving state, upon receipt 07 and immediate review of the required content in a request for approval of a placement 08 in both the sending and receiving state public child-placing agency. The required 09 content to accompany a request for provisional approval must include all of the 10 following: 11 (1) a request for approval identifying the child, the birth 12 parents, the prospective adoptive parents, and the supervising agency, signed 13 by the person requesting approval; 14 (2) the appropriate consents or relinquishment is signed by the 15 birth parents in accordance with the laws of the sending state or, when 16 permitted, with the laws of the state where the adoption will be finalized; 17 (3) certification by a licensed attorney or authorized agent of a 18 private adoption agency that the consent or relinquishment is in compliance 19 with the applicable laws of the sending state, or when permitted, the laws of 20 the state where finalization of the adoption will occur; 21 (4) a home study; and 22 (5) an acknowledgment of legal risk signed by the prospective 23 adoptive parents. 24 (C) The sending state and the receiving state may request additional 25 information or documents prior to finalization of an approved placement, but they may 26 not delay travel by the prospective adoptive parents with the child if the required 27 content for approval has been submitted, received, and reviewed by the public child- 28 placing agency in both the sending state and the receiving state. 29 (D) Approval from the public-child placing agency in the receiving 30 state for a provisional or approved placement is required as provided for in the rules of 31 the Interstate Commission.

01 (E) The procedures for making and the request for an assessment shall 02 contain all information and be in such form as provided for in the rules of the 03 Interstate Commission. 04 (F) Upon receipt of a request from the public child-placing agency of 05 the sending state, the receiving state shall initiate an assessment of the proposed 06 placement to determine its safety and suitability. If the proposed placement is a 07 placement with a relative, the public child-placing agency of the sending state may 08 request a determination for a provisional placement. 09 (G) The public child-placing agency in the receiving state may request 10 from the public child-placing agency or the private child-placing agency in the 11 sending state, and shall be entitled to receive supporting or additional information 12 necessary to complete the assessment. 13 (H) The public child-placing agency in the receiving state shall 14 approve a provisional placement and complete or arrange for the completion of the 15 assessment within the timeframes established by the rules of the Interstate 16 Commission. 17 (I) For a placement by a private child-placing agency, the sending state 18 shall not impose any additional requirements to complete the home study that are not 19 required by the receiving state, unless the adoption is finalized in the sending state. 20 (J) The Interstate Commission may develop uniform standards for the 21 assessment of the safety and suitability of interstate placements. 22 ARTICLE VI. PLACEMENT AUTHORITY 23 (A) Except as provided in this compact, no child subject to this 24 compact shall be placed into a receiving state until approval for such placement is 25 obtained. 26 (B) If the public child-placing agency in the receiving state does not 27 approve the proposed placement then the child shall not be placed. The receiving state 28 shall provide written documentation of any such determination in accordance with the 29 rules promulgated by the Interstate Commission. Such determination is not subject to 30 judicial review in the sending state. 31 (C) If the proposed placement is not approved, any interested party

01 shall have standing to seek an administrative review of the receiving state's 02 determination. 03 (1) The administrative review and any further judicial review 04 associated with the determination shall be conducted in the receiving state 05 pursuant to its applicable administrative procedures. 06 (2) If a determination not to approve the placement of the child 07 in the receiving state is overturned upon review, the placement shall be deemed 08 approved, provided however that all administrative or judicial remedies have 09 been exhausted or the time for such remedies has passed. 10 ARTICLE VII. PLACING AGENCY RESPONSIBILITY 11 (A) For the interstate placement of a child made by a public child- 12 placing agency or state court: 13 (1) The public child-placing agency in the sending state shall 14 have financial responsibility for: 15 (a) the ongoing support and maintenance for the child 16 during the period of the placement, unless otherwise provided for in the 17 receiving state; and 18 (b) as determined by the public child-placing agency in 19 the sending state, services for the child beyond the public services for 20 which the child is eligible in the receiving state. 21 (2) The receiving state shall only have financial responsibility 22 for: 23 (a) any assessment conducted by the receiving state; 24 and 25 (b) supervision conducted by the receiving state at the 26 level necessary to support the placement as agreed upon by the public 27 child-placing agencies of the receiving and sending state. 28 (3) Nothing in this provision shall prohibit public child-placing 29 agencies in the sending state from entering into agreements with licensed 30 agencies or persons in the receiving state to conduct assessments and provide 31 supervision.

01 (B) For the placement of a child by a private child-placing agency 02 preliminary to a possible adoption, the private child-placing agency shall be: 03 (1) Legally responsible for the child during the period of 04 placement as provided for in the law of the sending state until the finalization 05 of the adoption. 06 (2) Financially responsible for the child absent a contractual 07 agreement to the contrary. 08 (C) A private child-placing agency shall be responsible for any 09 assessment conducted in the receiving state and any supervision conducted by the 10 receiving state at the level required by the laws of the receiving state or the rules of the 11 Interstate Commission. 12 (D) The public child-placing agency in the receiving state shall provide 13 timely assessments, as provided for in the rules of the Interstate Commission. 14 (E) The public child-placing agency in the receiving state shall 15 provide, or arrange for the provision of, supervision and services for the child, 16 including timely reports, during the period of the placement. 17 (F) Nothing in this compact shall be construed as to limit the authority 18 of the public child-placing agency in the receiving state from contracting with a 19 licensed agency or person in the receiving state for an assessment or the provision of 20 supervision or services for the child or otherwise authorizing the provision of 21 supervision or services by a licensed agency during the period of placement. 22 (G) Each member state shall provide for coordination among its 23 branches of government concerning the state's participation in, and compliance with, 24 the compact and Interstate Commission activities, through the creation of an advisory 25 council or use of an existing body or board. 26 (H) Each member state shall establish a central state compact office, 27 which shall be responsible for state compliance with the compact and the rules of the 28 Interstate Commission. 29 (I) The public child-placing agency in the sending state shall oversee 30 compliance with the provisions of the Indian Child Welfare Act (25 USC 1901 et seq.) 31 for placements subject to the provisions of this compact, prior to placement.

01 (J) With the consent of the Interstate Commission, states may enter 02 into limited agreements that facilitate the timely assessment and provision of services 03 and supervision of placements under this compact. 04 ARTICLE VIII. INTERSTATE COMMISSION FOR THE PLACEMENT OF CHILDREN 05 The member states hereby establish, by way of this compact, a commission 06 known as the "Interstate Commission for the Placement of Children." The activities of 07 the Interstate Commission are the formation of public policy and are a discretionary 08 state function. The Interstate Commission shall: 09 (A) Be a joint commission of the member states and shall have the 10 responsibilities, powers and duties set forth herein, and such additional powers as may 11 be conferred upon it by subsequent concurrent action of the respective legislatures of 12 the member states. 13 (B) Consist of one commissioner from each member state who shall be 14 appointed by the executive head of the state human services administration with 15 ultimate responsibility for the child welfare program. The appointed commissioner 16 shall have the legal authority to vote on policy related matters governed by this 17 compact binding the state. 18 (1) Each member state represented at a meeting of the Interstate 19 Commission is entitled to one vote. 20 (2) A majority of the member states shall constitute a quorum 21 for the transaction of business, unless a larger quorum is required by the 22 bylaws of the Interstate Commission. 23 (3) A representative shall not delegate a vote to another 24 member state. 25 (4) A representative may delegate voting authority to another 26 person from their state for a specified meeting. 27 (C) In addition to the commissioners of each member state, the 28 Interstate Commission shall include persons who are members of interested 29 organizations as defined in the bylaws or rules of the Interstate Commission. Such 30 members shall be ex officio and shall not be entitled to vote on any matter before the 31 Interstate Commission.

01 (D) Establish an executive committee which shall have the authority to 02 administer the day-to-day operations and administration of the Interstate Commission. 03 It shall not have the power to engage in rulemaking. 04 ARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION 05 The Interstate Commission shall have the following powers: 06 (A) To promulgate rules and take all necessary actions to effect the 07 goals, purposes and obligations as enumerated in this compact. 08 (B) To provide for dispute resolution among member states. 09 (C) To issue, upon request of a member state, advisory opinions 10 concerning the meaning or interpretation of the interstate compact, its bylaws, rules or 11 actions. 12 (D) To enforce compliance with this compact or the bylaws or rules of 13 the Interstate Commission pursuant to Article XII. 14 (E) Collect standardized data concerning the interstate placement of 15 children subject to this compact as directed through its rules which shall specify the 16 data to be collected, the means of collection and data exchange and reporting 17 requirements. 18 (F) To establish and maintain offices as may be necessary for the 19 transacting of its business. 20 (G) To purchase and maintain insurance and bonds. 21 (H) To hire or contract for services of personnel or consultants as 22 necessary to carry out its functions under the compact and establish personnel 23 qualification policies, and rates of compensation. 24 (I) To establish and appoint committees and officers including, but not 25 limited to, an executive committee as required by Article X. 26 (J) To accept any and all donations and grants of money, equipment, 27 supplies, materials, and services, and to receive, utilize, and dispose thereof. 28 (K) To lease, purchase, accept contributions or donations of, or 29 otherwise to own, hold, improve or use any property, real, personal, or mixed. 30 (L) To sell, convey, mortgage, pledge, lease, exchange, abandon, or 31 otherwise dispose of any property, real, personal or mixed.

01 (M) To establish a budget and make expenditures. 02 (N) To adopt a seal and bylaws governing the management and 03 operation of the Interstate Commission. 04 (O) To report annually to the legislatures, governors, the judiciary, and 05 state advisory councils of the member states concerning the activities of the Interstate 06 Commission during the preceding year. Such reports shall also include any 07 recommendations that may have been adopted by the Interstate Commission. 08 (P) To coordinate and provide education, training and public 09 awareness regarding the interstate movement of children for officials involved in such 10 activity. 11 (Q) To maintain books and records in accordance with the bylaws of 12 the Interstate Commission. 13 (R) To perform such functions as may be necessary or appropriate to 14 achieve the purposes of this compact. 15 ARTICLE X. ORGANIZATION AND OPERATION OF THE INTERSTATE 16 COMMISSION 17 (A) Bylaws 18 (1) Within 12 months after the first Interstate Commission 19 meeting, the Interstate Commission shall adopt bylaws to govern its conduct as 20 may be necessary or appropriate to carry out the purposes of the compact. 21 (2) The Interstate Commission's bylaws and rules shall 22 establish conditions and procedures under which the Interstate Commission 23 shall make its information and official records available to the public for 24 inspection or copying. The Interstate Commission may exempt from disclosure 25 information or official records to the extent they would adversely affect 26 personal privacy rights or proprietary interests. 27 (B) Meetings 28 (1) The Interstate Commission shall meet at least once each 29 calendar year. The chairperson may call additional meetings and, upon the 30 request of a simple majority of the member states shall call additional 31 meetings.

01 (2) Public notice shall be given by the Interstate Commission 02 of all meetings and all meetings shall be open to the public, except as set forth 03 in the rules or as otherwise provided in the compact. The Interstate 04 Commission and its committees may close a meeting, or portion thereof, where 05 it determines by two-thirds vote that an open meeting would be likely to: 06 (a) relate solely to the Interstate Commission's internal 07 personnel practices and procedures; or 08 (b) disclose matters specifically exempted from 09 disclosure by federal law; or 10 (c) disclose financial or commercial information which 11 is privileged, proprietary or confidential in nature; or 12 (d) involve accusing a person of a crime, or formally 13 censuring a person; or 14 (e) disclose information of a personal nature where 15 disclosure would constitute a clearly unwarranted invasion of personal 16 privacy or physically endanger one or more persons; or 17 (f) disclose investigative records compiled for law 18 enforcement purposes; or 19 (g) specifically relate to the Interstate Commission's 20 participation in a civil action or other legal proceeding. 21 (3) For a meeting, or portion of a meeting, closed pursuant to 22 this provision, the Interstate Commission's legal counsel or designee shall 23 certify that the meeting may be closed and shall reference each relevant 24 exemption provision. The Interstate Commission shall keep minutes which 25 shall fully and clearly describe all matters discussed in a meeting and shall 26 provide a full and accurate summary of actions taken, and the reasons 27 therefore, including a description of the views expressed and the record of a 28 roll call vote. All documents considered in connection with an action shall be 29 identified in such minutes. All minutes and documents of a closed meeting 30 shall remain under seal, subject to release by a majority vote of the Interstate 31 Commission or by court order.

01 (4) The bylaws may provide for meetings of the Interstate 02 Commission to be conducted by telecommunication or other electronic 03 communication. 04 (C) Officers and Staff 05 (1) The Interstate Commission may, through its executive 06 committee, appoint or retain a staff director for such period, upon such terms 07 and conditions and for such compensation as the Interstate Commission may 08 deem appropriate. The staff director shall serve as secretary to the Interstate 09 Commission, but shall not have a vote. The staff director may hire and 10 supervise such other staff as may be authorized by the Interstate Commission. 11 (2) The Interstate Commission shall elect, from among its 12 members, a chairperson and a vice chairperson of the executive committee and 13 other necessary officers, each of whom shall have such authority and duties as 14 may be specified in the bylaws. 15 (D) Qualified Immunity, Defense and Indemnification 16 (1) The Interstate Commission's staff director and its 17 employees shall be immune from suit and liability, either personally or in their 18 official capacity, for a claim for damage to or loss of property or personal 19 injury or other civil liability caused or arising out of or relating to an actual or 20 alleged act, error, or omission that occurred, or that such person had a 21 reasonable basis for believing occurred within the scope of Commission 22 employment, duties, or responsibilities; provided, that such person shall not be 23 protected from suit or liability for damage, loss, injury, or liability caused by a 24 criminal act or the intentional or willful and wanton misconduct of such 25 person. 26 (a) The liability of the Interstate Commission's staff 27 director and employees or Interstate Commission representatives, 28 acting within the scope of such person's employment or duties for acts, 29 errors, or omissions occurring within such person's state may not 30 exceed the limits of liability set forth under the Constitution and laws 31 of that state for state officials, employees, and agents. The Interstate

01 Commission is considered to be an instrumentality of the states for the 02 purposes of any such action. Nothing in this subsection shall be 03 construed to protect such person from suit or liability for damage, loss, 04 injury, or liability caused by a criminal act or the intentional or willful 05 and wanton misconduct of such person. 06 (b) The Interstate Commission shall defend the staff 07 director and its employees and, subject to the approval of the Attorney 08 General or other appropriate legal counsel of the member state shall 09 defend the commissioner of a member state in a civil action seeking to 10 impose liability arising out of an actual or alleged act, error or omission 11 that occurred within the scope of Interstate Commission employment, 12 duties or responsibilities, or that the defendant had a reasonable basis 13 for believing occurred within the scope of Interstate Commission 14 employment, duties, or responsibilities, provided that the actual or 15 alleged act, error, or omission did not result from intentional or willful 16 and wanton misconduct on the part of such person. 17 (c) To the extent not covered by the state involved, 18 member state, or the Interstate Commission, the representatives or 19 employees of the Interstate Commission shall be held harmless in the 20 amount of a settlement or judgment, including attorney's fees and costs, 21 obtained against such persons arising out of an actual or alleged act, 22 error, or omission that occurred within the scope of Interstate 23 Commission employment, duties, or responsibilities, or that such 24 persons had a reasonable basis for believing occurred within the scope 25 of Interstate Commission employment, duties, or responsibilities, 26 provided that the actual or alleged act, error, or omission did not result 27 from intentional or willful and wanton misconduct on the part of such 28 persons. 29 ARTICLE XI. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION 30 (A) The Interstate Commission shall promulgate and publish rules in 31 order to effectively and efficiently achieve the purposes of the compact.

01 (B) Rulemaking shall occur pursuant to the criteria set forth in this 02 article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall 03 substantially conform to the principles of the "Model State Administrative Procedures 04 Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other 05 administrative procedure acts as the Interstate Commission deems appropriate 06 consistent with due process requirements under the United States Constitution as now 07 or hereafter interpreted by the U. S. Supreme Court. All rules and amendments shall 08 become binding as of the date specified, as published with the final version of the rule 09 as approved by the Interstate Commission. 10 (C) When promulgating a rule, the Interstate Commission shall, at a 11 minimum: 12 (1) Publish the proposed rule's entire text stating the reason(s) 13 for that proposed rule; and 14 (2) Allow and invite any and all persons to submit written data, 15 facts, opinions and arguments, which information shall be added to the record, 16 and be made publicly available; and 17 (3) Promulgate a final rule and its effective date, if appropriate, 18 based on input from state or local officials, or interested parties. 19 (D) Rules promulgated by the Interstate Commission shall have the 20 force and effect of administrative regulations and shall be binding in the compacting 21 states to the extent of and in the manner provided for in this compact. 22 (E) Not later than 60 days after a rule is promulgated, an interested 23 person may file a petition in the U.S. District Court for the District of Columbia or in 24 the Federal District Court where the Interstate Commission's principal office is located 25 for judicial review of such rule. If the court finds that the Interstate Commission's 26 action is not supported by substantial evidence in the rulemaking record, the court 27 shall hold the rule unlawful and set it aside. 28 (F) If a majority of the legislatures of the member states rejects a rule, 29 those states may by enactment of a statute or resolution in the same manner used to 30 adopt the compact cause that such rule shall have no further force and effect in any 31 member state.

01 (G) The existing rules governing the operation of the Interstate 02 Compact on the Placement of Children superseded by this act shall be null and void no 03 less than 12, but no more than 24 months after the first meeting of the Interstate 04 Commission created hereunder, as determined by the members during the first 05 meeting. 06 (H) Within the first 12 months of operation, the Interstate Commission 07 shall promulgate rules addressing the following: 08 (1) Transition rules 09 (2) Forms and procedures 10 (3) Time lines 11 (4) Data collection and reporting 12 (5) Rulemaking 13 (6) Visitation 14 (7) Progress reports/supervision 15 (8) Sharing of information/confidentiality 16 (9) Financing of the Interstate Commission 17 (10) Mediation, arbitration and dispute resolution 18 (11) Education, training and technical assistance 19 (12) Enforcement 20 (13) Coordination with other interstate compacts 21 (I) Upon determination by a majority of the members of the Interstate 22 Commission that an emergency exists: 23 (1) The Interstate Commission may promulgate an emergency 24 rule only if it is required to: 25 (a) Protect the children covered by this compact from 26 an imminent threat to their health, safety and well-being; or 27 (b) Prevent loss of federal or state funds; or 28 (c) Meet a deadline for the promulgation of an 29 administrative rule required by federal law. 30 (2) An emergency rule shall become effective immediately 31 upon adoption, provided that the usual rulemaking procedures provided

01 hereunder shall be retroactively applied to said rule as soon as reasonably 02 possible, but no later than 90 days after the effective date of the emergency 03 rule. 04 (3) An emergency rule shall be promulgated as provided for in 05 the rules of the Interstate Commission. 06 ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT 07 (A) Oversight 08 (1) The Interstate Commission shall oversee the administration 09 and operation of the compact. 10 (2) The executive, legislative and judicial branches of state 11 government in each member state shall enforce this compact and the rules of 12 the Interstate Commission and shall take all actions necessary and appropriate 13 to effectuate the compact's purposes and intent. The compact and its rules shall 14 be binding in the compacting states to the extent of and in the manner provided 15 for in this compact. 16 (3) All courts shall take judicial notice of the compact and the 17 rules in any judicial or administrative proceeding in a member state pertaining 18 to the subject matter of this compact. 19 (4) The Interstate Commission shall be entitled to receive 20 service of process in any action in which the validity of a compact provision or 21 rule is the issue for which a judicial determination has been sought and shall 22 have standing to intervene in any proceedings. Failure to provide service of 23 process to the Interstate Commission shall render any judgment, order or other 24 determination, however so captioned or classified, void as to the Interstate 25 Commission, this compact, its bylaws or rules of the Interstate Commission. 26 (B) Dispute Resolution 27 (1) The Interstate Commission shall attempt, upon the request 28 of a member state, to resolve disputes which are subject to the compact and 29 which may arise among member states and between member and non-member 30 states. 31 (2) The Interstate Commission shall promulgate a rule

01 providing for both mediation and binding dispute resolution for disputes 02 among compacting states. The costs of such mediation or dispute resolution 03 shall be the responsibility of the parties to the dispute. 04 (C) Enforcement 05 (1) If the Interstate Commission determines that a member state 06 has defaulted in the performance of its obligations or responsibilities under this 07 compact, its bylaws or rules, the Interstate Commission may: 08 (a) Provide remedial training and specific technical 09 assistance; or 10 (b) Provide written notice to the defaulting state and 11 other member states, of the nature of the default and the means of 12 curing the default. The Interstate Commission shall specify the 13 conditions by which the defaulting state must cure its default; or 14 (c) By majority vote of the members, initiate against a 15 defaulting member state legal action in the United States District Court 16 for the District of Columbia or, at the discretion of the Interstate 17 Commission, in the federal district where the Interstate Commission 18 has its principal office, to enforce compliance with the provisions of the 19 compact, its bylaws or rules. The relief sought may include both 20 injunctive relief and damages. In the event judicial enforcement is 21 necessary the prevailing party shall be awarded all costs of such 22 litigation including reasonable attorney's fees; or 23 (d) Avail itself of any other remedies available under 24 state law or the regulation of official or professional conduct. 25 ARTICLE XIII. FINANCING OF THE COMMISSION 26 (A) The Interstate Commission shall pay, or provide for the payment 27 of the reasonable expenses of its establishment, organization and ongoing activities. 28 (B) The Interstate Commission may levy on and collect an annual 29 assessment from each member state to cover the cost of the operations and activities of 30 the Interstate Commission and its staff which must be in a total amount sufficient to 31 cover the Interstate Commission's annual budget as approved by its members each

01 year. The aggregate annual assessment amount shall be allocated based upon a 02 formula to be determined by the Interstate Commission which shall promulgate a rule 03 binding upon all member states. 04 (C) The Interstate Commission shall not incur obligations of any kind 05 prior to securing the funds adequate to meet the same; nor shall the Interstate 06 Commission pledge the credit of any of the member states, except by and with the 07 authority of the member state. 08 (D) The Interstate Commission shall keep accurate accounts of all 09 receipts and disbursements. The receipts and disbursements of the Interstate 10 Commission shall be subject to the audit and accounting procedures established under 11 its bylaws. However, all receipts and disbursements of funds handled by the Interstate 12 Commission shall be audited yearly by a certified or licensed public accountant and 13 the report of the audit shall be included in and become part of the annual report of the 14 Interstate Commission. 15 ARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT 16 (A) Any state is eligible to become a member state. 17 (B) The compact shall become effective and binding upon legislative 18 enactment of the compact into law by no less than 35 states. Thereafter it shall become 19 effective and binding as to any other member state upon enactment of the compact 20 into law by that state. The executive heads of the state human services administration 21 with ultimate responsibility for the child welfare program of non-member states or 22 their designees shall be invited to participate in the activities of the Interstate 23 Commission on a non-voting basis prior to adoption of the compact by all states. 24 (C) The Interstate Commission may propose amendments to the 25 compact for enactment by the member states. No amendment shall become effective 26 and binding on the member states unless and until it is enacted into law by unanimous 27 consent of the member states. 28 ARTICLE XV. WITHDRAWAL AND DISSOLUTION 29 (A) Withdrawal 30 (1) Once effective, the compact shall continue in force and 31 remain binding upon each and every member state; provided that a member

01 state may withdraw from the compact specifically repealing the statute which 02 enacted the compact into law. 03 (2) Withdrawal from this compact shall be by the enactment of 04 a statute repealing the same. The effective date of withdrawal shall be the 05 effective date of the repeal of the statute. 06 (3) The withdrawing state shall immediately notify the 07 president of the Interstate Commission in writing upon the introduction of 08 legislation repealing this compact in the withdrawing state. The Interstate 09 Commission shall then notify the other member states of the withdrawing 10 state's intent to withdraw. 11 (4) The withdrawing state is responsible for all assessments, 12 obligations and liabilities incurred through the effective date of withdrawal. 13 (5) Reinstatement following withdrawal of a member state shall 14 occur upon the withdrawing state reenacting the compact or upon such later 15 date as determined by the members of the Interstate Commission. 16 (B) Dissolution of Compact 17 (1) This compact shall dissolve effective upon the date of the 18 withdrawal or default of the member state which reduces the membership in 19 the compact to one member state. 20 (2) Upon the dissolution of this compact, the compact becomes 21 null and void and shall be of no further force or effect, and the business and 22 affairs of the Interstate Commission shall be concluded and surplus funds shall 23 be distributed in accordance with the bylaws. 24 ARTICLE XVI. SEVERABILITY AND CONSTRUCTION 25 (A) The provisions of this compact shall be severable, and if any 26 phrase, clause, sentence or provision is deemed unenforceable, the remaining 27 provisions of the compact shall be enforceable. 28 (B) The provisions of this compact shall be liberally construed to 29 effectuate its purposes. 30 (C) Nothing in this compact shall be construed to prohibit the 31 concurrent applicability of other interstate compacts to which the states are members.

01 ARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS 02 (A) Other Laws 03 (1) Nothing herein prevents the enforcement of any other law 04 of a member state that is not inconsistent with this compact. 05 (2) All member states' laws conflicting with this compact or its 06 rules are superseded to the extent of the conflict. 07 (B) Binding Effect of the Compact 08 (1) All lawful actions of the Interstate Commission, including 09 all rules and bylaws promulgated by the Interstate Commission, are binding 10 upon the member states. 11 (2) All agreements between the Interstate Commission and the 12 member states are binding in accordance with their terms. 13 (3) In the event any provision of this compact exceeds the 14 constitutional limits imposed on the legislature of any member state, such 15 provision shall be ineffective to the extent of the conflict with the 16 constitutional provision in question in that member state. 17 ARTICLE XVIII. INDIAN TRIBES 18 Notwithstanding any other provision in this compact, the Interstate 19 Commission may promulgate guidelines to permit Indian tribes to utilize the compact 20 to achieve any or all of the purposes of the compact as specified in Article I. The 21 Interstate Commission shall make reasonable efforts to consult with Indian tribes in 22 promulgating guidelines to reflect the diverse circumstances of the various Indian 23 tribes. 24 * Sec. 3. AS 47.70.020 is amended to read: 25 Sec. 47.70.020. Financial responsibility. Financial responsibility for a child 26 placed in accordance with the Interstate Compact for [ON] the Placement of Children 27 shall be determined in accordance with art. VII [V] of the compact. However, in the 28 event of partial or complete default of performance under the compact, the provisions 29 of AS 47.14.100(b) apply. 30 * Sec. 4. AS 47.70.040 is amended to read: 31 Sec. 47.70.040. Agreements. The officers and agencies of this state and its

01 subdivisions having authority to place children are empowered to enter into 02 agreements with appropriate officers or agencies of or in other party states under art. 03 V(B) and art. VII(J) [ART. V(b)] of the Interstate Compact for [ON] the Placement 04 of Children. 05 * Sec. 5. AS 47.70.050 is amended to read: 06 Sec. 47.70.050. Delegation by agreement. Requirements for visitation, 07 inspection, or supervision of children, homes, institutions, or other agencies in another 08 party state that [WHICH] may apply under AS 47.14.110 shall be considered to be 09 met if performed under an agreement entered into by appropriate officers or agencies 10 of this state or a subdivision of this state as contemplated by art. V(B) and art. VII(J) 11 [ART. V(b)] of the Interstate Compact for [ON] the Placement of Children. 12 * Sec. 6. AS 47.70.060 is amended to read: 13 Sec. 47.70.060. Executive head. As used in art. VIII(B) and XIV(B) [ART. 14 VII] of the Interstate Compact for [ON] the Placement of Children, the term 15 "executive head" means the commissioner of health and social services 16 [GOVERNOR]. The commissioner is authorized to establish a central compact 17 office in accordance with the terms of art. VII(H) [GOVERNOR IS 18 AUTHORIZED TO APPOINT A COMPACT ADMINISTRATOR IN 19 ACCORDANCE WITH THE TERMS OF ART. VII]. 20 * Sec. 7. AS 47.70.080 is amended to read: 21 Sec. 47.70.080. Short title. AS 47.70.010 may be cited as the Interstate 22 Compact for [ON] the Placement of Children. 23 * Sec. 8. AS 47.70.030 and 47.70.070 are repealed. 24 * Sec. 9. The uncodified law of the State of Alaska is amended by adding a new section to 25 read: 26 INDIRECT COURT RULE AMENDMENTS. (a) Article XII(A)(4), contained in 27 AS 47.70.010, as repealed and reenacted by sec. 2 of this Act, has the effect of amending Rule 28 4, Alaska Rules of Civil Procedure, by entitling the Interstate Commission for the Placement 29 of Children to receive service of process of a judicial proceeding in this state that pertains to 30 the Interstate Compact for the Placement of Children and in which the validity of a compact 31 provision or rule is an issue for which a judicial determination has been sought.

01 (b) Article XII(A)(4), contained in AS 47.70.010, as repealed and reenacted by sec. 2 02 of this Act, has the effect of amending Rule 24(b), Alaska Rules of Civil Procedure, by 03 entitling the Interstate Commission for the Placement of Children to have standing to 04 intervene in a judicial proceeding in this state that pertains to the Interstate Compact for the 05 Placement of Children and in which the validity of a compact provision or rule is an issue for 06 which a judicial determination has been sought. 07 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 08 read: 09 CONDITIONAL EFFECT OF CERTAIN PROVISIONS. (a) Article XII(A)(4), 10 contained in AS 47.70.010, as repealed and reenacted by sec. 2 of this Act, takes effect only if 11 sec. 9(a) of this Act receives the two-thirds majority vote of each house required by art. IV, 12 sec. 15, Constitution of the State of Alaska. 13 (b) Article XII(A)(4), contained in AS 47.70.010, as repealed and reenacted by sec. 2 14 of this Act, takes effect only if sec. 9(b) of this Act receives the two-thirds majority vote of 15 each house required by art. IV, sec. 15, Constitution of the State of Alaska. 16 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 CONDITIONAL EFFECT OF ACT; COMMISSIONER'S DUTY TO NOTIFY. (a) 19 Sections 1 - 10 of this Act take effect only if at least 34 other states have ratified the Interstate 20 Compact for the Placement of Children. 21 (b) The commissioner of health and social services or the commissioner's designee 22 shall notify the lieutenant governor and the revisor of statutes when at least 34 other states 23 have ratified the Interstate Compact for the Placement of Children. 24 * Sec. 12. If secs. 1 - 10 of this Act take effect under sec. 11 of this Act, they take effect the 25 day after the date on which the commissioner of health and social services or the 26 commissioner's designee notifies the revisor of statutes that at least 34 other states have 27 ratified the Interstate Compact for the Placement of Children or July 1, 2008, whichever is 28 later.