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RSA 170-A:1 · [RSA 170-A:1 effective upon the conditions of 2022, 324:4 being met; see also RSA 170-A set out above.] 170-A:1 Interstate Compact for the Placement of Children
[RSA 170-A:1 effective upon the conditions of 2022, 324:4 being met; see also RSA 170-A set out above.] 170-A:1 Interstate Compact for the Placement of Children. – On the effective date of this chapter, based upon the enactment of the Interstate Compact for the Placement of Children into law by the thirty-fifth compacting state, the governor is authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows: ARTICLE I Purpose The purpose of this Interstate Compact for the Placement of Children is to:
Copy linkProvide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.
Copy linkFacilitate ongoing supervision of a placement, the delivery of services, and communication between the states.
Copy linkProvide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.
Copy linkProvide for the promulgation and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.
Copy linkProvide for uniform data collection and information sharing between member states under this compact.
Copy linkPromote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.
Copy linkProvide for a state's continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.
Copy linkProvide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law. ARTICLE II Definitions As used in this compact:
Copy link"Approved placement" means the public child-placing agency in the receiving state has determined that the placement is both safe and suitable for the child.
Copy link"Assessment" means an evaluation of a prospective placement by a public child-placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including, but not limited to, the child's safety and stability, health and well-being, and mental, emotional, and physical development. An assessment is only applicable to a placement by a public child-placing agency.
Copy link"Certification" means to attest, declare, or swear to before a judge or notary public.
Copy link"Default" means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact or the bylaws or rules of the Interstate Commission.
Copy link"Home study" means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located and that documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.
Copy link"Indian tribe" means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3(c) of the Alaska Native Claims Settlement Act, 43 U.S.C. section 1602(c).
Copy link"Interstate Commission for the Placement of Children" means the commission that is created under Article VIII of this compact and which is generally referred to as the "Interstate Commission."
Copy link"Legal risk placement" or "legal risk adoption" means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother's state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.
Copy link"Noncustodial parent" means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.
Copy link"Notice of residential placement" means information regarding a placement into a residential facility provided to the receiving state, including, but not limited to, the name, date, and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed. Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.
Copy link"Placement" means the act by a public or private child-placing agency intended to arrange for the care or custody of a child in another state.
Copy link"Private child-placing agency" means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.
Copy link"Provisional placement" means a determination made by the public child-placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement. Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.
Copy link"Public child-placing agency" means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether the entity acts on behalf of a state, a county, a municipality, or another governmental unit, and which facilitates, causes, or is involved in the placement of a child from one state to another.
Copy link"Receiving state" means the state to which a child is sent, brought, or caused to be sent or brought.
Copy link"Relative" means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a nonrelative with such significant ties to the child that the nonrelative may be regarded as a relative as determined by the court in the sending state.
Copy link"Residential facility" means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and that is beyond what is needed for assessment or treatment of an acute condition. For purposes of the compact, the term "residential facility" does not include institutions primarily educational in character, hospitals, or other medical facilities.
Copy link"Rule" means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact. A rule has the force and effect of an administrative rule in a member state and includes the amendment, repeal, or suspension of an existing rule.
Copy link"Service member's permanent duty station" means the military installation where an active duty United States Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.
Copy link"Service member's state of legal residence" means the state in which the active duty United States Armed Services member is considered a resident for tax and voting purposes.
Copy link"State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory of the United States.
Copy link"State court" means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained the age of 18.
Copy link"Supervision" means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this compact. ARTICLE III Applicability
Copy linkThe interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state; provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.
Copy linkThe interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:
Copy linkThe child is being placed in a residential facility in another member state and is not covered under another compact; or
Copy linkThe child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.
Copy linkThe interstate placement of any child by a public child-placing agency or private child-placing agency as a preliminary step to a possible adoption.
Copy linkThe interstate placement of a child in a custody proceeding in which a public child-placing agency is not a party; provided, however, that the placement is not intended to effectuate an adoption.
Copy linkThe interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement; provided, however, that the placement is not intended to effectuate an adoption.
Copy linkThe interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.
Copy linkThe placement of a child, not subject to paragraph I, into a residential facility by his or her parent.
Copy linkThe noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child;
Copy linkThe court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child; and
Copy linkThe court in the sending state dismisses its jurisdiction in interstate placements in which the public child-placing agency is a party to the proceeding.
Copy linkA child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.
Copy linkCases in which a child who is a United States citizen living overseas with his or her family, at least one of whom is in the United States Armed Services and stationed overseas, is removed and placed in a state.
Copy linkThe sending of a child by a public child-placing agency or a private child-placing agency for a visit as defined by the rules of the Interstate Commission.
Copy linkFor purposes of determining the applicability of this compact to the placement of a child with a family member in the United States Armed Services, the public child-placing agency or private child-placing agency may choose the state of the service member's permanent duty station or the service member's declared legal residence.
Copy linkNothing in this compact shall be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts, including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance. The Interstate Commission may, in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement, or transfer of children, promulgate similar rules to ensure the coordination of services, timely placement of children, and reduction of unnecessary or duplicative administrative or procedural requirements. ARTICLE IV Jurisdiction
Copy linkExcept as provided in Article IV, paragraph VIII, and Article V, subparagraph II(b) and (c), concerning private and independent adoptions, and in interstate placements in which the public child-placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state. Such jurisdiction shall also include the power to order the return of the child to the sending state.
Copy linkWhen an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
Copy linkIn cases that are before courts and subject to this compact, the taking of testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission, and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their code of judicial conduct and any rules promulgated by the Interstate Commission.
Copy linkIn accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:
Copy linkThe child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child-placing agency in the receiving state;
Copy linkA guardianship is created by a court in the receiving state with the concurrence of the court in the sending state;
Copy linkAn Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or
Copy linkThe public child-placing agency of the sending state requests termination and has obtained the concurrence of the public child-placing agency in the receiving state.
Copy linkWhen a sending state court terminates its jurisdiction, the receiving state child-placing agency shall be notified.
Copy linkNothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.
Copy linkNothing in this article shall limit the receiving state's ability to take emergency jurisdiction for the protection of the child.
Copy linkThe substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child, and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:
Copy linkWhen the child is a ward of another court that established jurisdiction over the child prior to the placement;
Copy linkWhen a court in the sending state has otherwise appropriately assumed jurisdiction over the child prior to the submission of the request for approval of placement.
Copy linkA final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an "approved placement" by the public child-placing agency in the receiving state. ARTICLE V Placement Evaluation
Copy linkPrior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child-placing agency shall provide a written request for assessment to the receiving state.
Copy linkFor placements by a private child-placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child-placing agencies. The required content to accompany a request for approval shall include all of the following:
Copy linkA request for approval identifying the child, the birth parents, the prospective adoptive parents, and the supervising agency, signed by the person requesting approval.
Copy linkThe appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state or, where permitted, the laws of the state where the adoption will be finalized.
Copy linkCertification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state or, where permitted, the laws of the state where finalization of the adoption will occur.
Copy linkThe sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted, received, and reviewed by the public child-placing agency in both the sending state and the receiving state.
Copy linkApproval from the public child-placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the Interstate Commission.
Copy linkThe procedures for making the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.
Copy linkUpon receipt of a request from the public child-placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child-placing agency of the sending state may request a determination for a provisional placement.
Copy linkThe public child-placing agency in the receiving state may request from the public child-placing agency or the private child-placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.
Copy linkThe public child-placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the timeframes established by the rules of the Interstate Commission.
Copy linkFor a placement by a private child-placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.
Copy linkThe Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements. ARTICLE VI Placement Authority
Copy linkExcept as otherwise provided in this compact, no child subject to this compact shall be placed in a receiving state until approval for such placement is obtained.
Copy linkIf the public child-placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed. The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission. Such determination is not subject to judicial review in the sending state.
Copy linkIf the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state's determination.
Copy linkThe administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures act.
Copy linkIf a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved; provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed. ARTICLE VII Placing Agency Responsibility
Copy linkFor the interstate placement of a child made by a public child-placing agency or state court:
Copy linkThe public child-placing agency in the sending state shall have financial responsibility for:
Copy linkThe ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and
Copy linkAs determined by the public child-placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state.
Copy linkSupervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child-placing agencies of the receiving and sending states.
Copy linkNothing in this section shall prohibit public child-placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.
Copy linkFor the placement of a child by a private child-placing agency preliminary to a possible adoption, the private child-placing agency shall be:
Copy linkLegally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption.
Copy linkThe public child-placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.
Copy linkThe public child-placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.
Copy linkNothing in this compact shall be construed to limit the authority of the public child-placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.
Copy linkEach member state shall provide for coordination among its branches of government concerning the state's participation in and compliance with the compact and Interstate Commission activities through the creation of an advisory council or use of an existing body or board.
Copy linkEach member state shall establish a central state compact office which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.
Copy linkThe public child-placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act, 25 U.S.C. section 1901 et seq., for placements subject to the provisions of this compact, prior to placement.
Copy linkWith the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact. ARTICLE VIII Interstate Commission for the Placement of Children The member states hereby establish, by way of this compact, a commission known as the "Interstate Commission for the Placement of Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall:
Copy linkBe a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.
Copy linkConsist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program. The appointed commissioner shall have the legal authority to vote on policy-related matters governed by this compact binding the state.
Copy linkEach member state represented at a meeting of the Interstate Commission is entitled to one vote.
Copy linkA majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
Copy linkA representative may delegate voting authority to another person from that state for a specified meeting.
Copy linkInclude, in addition to the commissioners of each member state, persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission. Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.
Copy linkEstablish an executive committee which shall have the authority to administer the day-to-day operations and administration of the Interstate Commission. The executive committee shall not have the power to engage in rulemaking. ARTICLE IX Powers and Duties of the Interstate Commission The Interstate Commission shall have the following powers:
Copy linkTo promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact.
Copy linkTo issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.
Copy linkTo enforce compliance with this compact or the bylaws or rules of the Interstate Commission pursuant to Article XII.
Copy linkCollect standardized data concerning the interstate placement of children subject to this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.
Copy linkTo establish and maintain offices as may be necessary for the transacting of its business.
Copy linkTo hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies and rates of compensation.
Copy linkTo establish and appoint committees and officers, including, but not limited to, an executive committee as required by Article X.
Copy linkTo accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.
Copy linkTo lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
Copy linkTo sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
Copy linkTo adopt a seal and bylaws governing the management and operation of the Interstate Commission.
Copy linkTo report annually to the legislatures, the governors, the judiciary, and the state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
Copy linkTo coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.
Copy linkTo maintain books and records in accordance with the bylaws of the Interstate Commission.
Copy linkTo perform such functions as may be necessary or appropriate to achieve the purposes of this compact. ARTICLE X Organization and Operation of the Interstate Commission
Copy linkWithin 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt rules to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.
Copy linkThe Interstate Commission's rules shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying.
Copy linkThe Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.
Copy linkPublic notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public.
Copy linkThe bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.
Copy linkThe Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The staff director shall serve as secretary to the Interstate Commission but shall not have a vote. The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.
Copy linkThe Interstate Commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee, and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.
Copy linkThe Interstate Commission's staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person. (b)(1) The liability of the Interstate Commission's staff director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties, for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.
Copy linkThe Interstate Commission shall defend the staff director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
Copy linkTo the extent not covered by the state involved, a member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. ARTICLE XI Rulemaking Functions of the Interstate Commission
Copy linkThe Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
Copy linkRulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate, consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
Copy linkAllow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record and made publicly available; and
Copy linkPromulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.
Copy linkRules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.
Copy linkNot later than 60 days after a rule is promulgated, an interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.
Copy linkIf a majority of the legislatures of the member states rejects a rule, those states may by enactment of a statute or resolution in the same manner used to adopt the compact cause that such rule shall have no further force and effect in any member state.
Copy linkThe existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this act shall be null and void no less than 12 months but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.
Copy linkWithin the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following:
Copy linkUpon determination by a majority of the members of the Interstate Commission that an emergency exists:
Copy linkProtect the children covered by this compact from an imminent threat to their health, safety, and well-being;
Copy linkMeet a deadline for the promulgation of an administrative rule required by federal law.
Copy linkAn emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the emergency rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
Copy linkAn emergency rule shall be promulgated as provided for in the rules of the Interstate Commission. ARTICLE XII Oversight, Dispute Resolution, and Enforcement
Copy linkThe Interstate Commission shall oversee the administration and operation of the compact.
Copy linkThe executive, legislative, and judicial branches of state government in each member state shall enforce this compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.
Copy linkAll courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.
Copy linkThe Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings. Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to this compact, its bylaws, or rules of the Interstate Commission.
Copy linkThe Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.
Copy linkThe Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.
Copy linkEnforcement. If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, its bylaws, or rules of the Interstate Commission, the Interstate Commission may:
Copy linkProvide written notice to the defaulting state and other member states of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default;
Copy linkBy majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the compact, its bylaws, or rules of the Interstate Commission. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees; or
Copy linkAvail itself of any other remedies available under state law or the regulation of official or professional conduct. ARTICLE XIII Financing of the Commission
Copy linkThe Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
Copy linkThe Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved by its members each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.
Copy linkThe Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligations, nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.
Copy linkThe Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. ARTICLE XIV Member States, Effective Date, and Amendment
Copy linkThe compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 states. The effective date shall be the later of July 1, 2007, or upon enactment of the compact into law by the thirty-fifth state. Thereafter, it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.
Copy linkThe Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states. ARTICLE XV Withdrawal and Dissolution
Copy linkOnce effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
Copy linkWithdrawal from this compact shall be by the enactment of a statute repealing the compact. The effective date of withdrawal shall be the effective date of the repeal of the statute.
Copy linkThe withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall then notify the other member states of the withdrawing state's intent to withdraw.
Copy linkThe withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.
Copy linkReinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the members of the Interstate Commission.
Copy linkThis compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.
Copy linkUpon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. ARTICLE XVI Severability and Construction
Copy linkThe provisions of this compact shall be severable, and, if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
Copy linkThe provisions of this compact shall be liberally construed to effectuate its purposes.
Copy linkNothing in this compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members. ARTICLE XVII Binding Effect of Compact and Other Laws
Copy linkOther laws. Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact.
Copy linkAll agreements between the Interstate Commission and the member states are binding in accordance with their terms.
Copy linkIn the event any provision of this compact exceeds the constitutional limits imposed on the legislature or executive branch of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state. ARTICLE XVIII Indian Tribes Notwithstanding any other provision in this compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article I. The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes. Source. 2022, 324:2.
Copy linkSource note
Source. 2022, 324:2.
Source history
- 1965, 366:1, eff. Sept. 6, 1965
- 2022, 324:2
Related materials
Bill relationships
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2026 SB142
reference · effective 2026-01-01
rsuant to RSA 170-H, the child welfare advisory board, the interstate compact for juveniles, pursuant to RSA 169-A, the interstate compact on the placement of children pursuant to RSA 170-A, and the compact for hard to place children, pursuant to RSA 126-D. 21-W:4 Commissioner; Compensation. I. The commissioner of the department of children's services and juvenile justice shall be appointed by the
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2026 SB142-FN
reference · effective 2026-01-01
rsuant to RSA 170-H, the child welfare advisory board, the interstate compact for juveniles, pursuant to RSA 169-A, the interstate compact on the placement of children pursuant to RSA 170-A, and the compact for hard to place children, pursuant to RSA 126-D. 21-W:4 Commissioner; Compensation. I. The commissioner of the department of children's services and juvenile justice shall be appointed by the
Opinions and discipline decisions mentioning this RSA
- 2008-133, IN RE ALEXIS O. Supreme Court opinion · October 29, 2008