N.Y. Social Services Law § 374-a: Interstate compact on the placement of children

§ 374-a. Interstate compact on the placement of children. 1. The

interstate compact on the placement of children is hereby enacted into

law and entered into with all other jurisdictions legally joining

therein in form substantially as follows:

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

ARTICLE I. PURPOSE AND POLICY

It is the purpose and policy of the party states to cooperate with

each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum

opportunity to be placed in a suitable environment and with persons or

institutions having appropriate qualifications and facilities to provide

a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be

placed may have full opportunity to ascertain the circumstances of the

proposed placement, thereby promoting full compliance with applicable

requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is

made may obtain the most complete information on the basis of which to

evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children

will be promoted.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally

subject to parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof;

a subdivision of a party state, or officer or employee thereof; a court

of a party state; a person, corporation, association, charitable agency

or other entity which sends, brings, or causes to be sent or brought any

child to another party state.

(c) "Receiving state" means the state to which a child is sent,

brought, or caused to be sent or brought, whether by public authorities

or private persons or agencies, and whether for placement with state or

local public authorities or for placement with private agencies or

persons.

(d) "Placement" means the arrangement for the care of a child in a

family free or boarding home or in a child-caring agency or institution

but does not include any institution caring for the mentally ill,

mentally defective or epileptic or any institution primarily educational

in character, and any hospital or other medical facility.

ARTICLE III. CONDITIONS FOR PLACEMENT

(a) No sending agency shall send, bring, or cause to be sent or

brought into any other party state any child for placement in foster

care or as a preliminary to a possible adoption unless the sending

agency shall comply with each and every requirement set forth in this

article and with the applicable laws of the receiving state governing

the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or

brought into a receiving state for placement in foster care or as a

preliminary to a possible adoption, the sending agency shall furnish the

appropriate public authorities in the receiving state written notice of

the intention to send, bring, or place the child in the receiving state.

The notice shall contain:

(1) The name, date and place of birth of the child.

(2) The identity and address or addresses of the parents or legal

guardian.

(3) The name and address of the person, agency or institution to or

with which the sending agency proposes to send, bring, or place the

child.

(4) A full statement of the reasons for such proposed action and

evidence of the authority pursuant to which the placement is proposed to

be made.

(c) Any public officer or agency in a receiving state which is in

receipt of a notice pursuant to paragraph (b) of this article may

request of the sending agency, or any other appropriate officer or

agency of or in the sending agency's state, and shall be entitled to

receive therefrom, such supporting or additional information as it may

deem necessary under the circumstances to carry out the purpose and

policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or

brought into the receiving state until the appropriate public

authorities in the receiving state shall notify the sending agency, in

writing, to the effect that the proposed placement does not appear to be

contrary to the interests of the child.

ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT

The sending, bringing, or causing to be sent or brought into any

receiving state of a child in violation of the terms of this compact

shall constitute a violation of the laws respecting the placement of

children of both the state in which the sending agency is located or

from which it sends or brings the child and of the receiving state.

Such violation may be punished or subjected to penalty in either

jurisdiction in accordance with its laws. In addition to liability for

any such punishment or penalty, any such violation shall constitute full

and sufficient grounds for the suspension or revocation of any license,

permit, or other legal authorization held by the sending agency which

empowers or allows it to place, or care for children.

ARTICLE V. RETENTION OF JURISDICTION

(a) The sending agency shall retain jurisdiction over the child

sufficient to determine all matters in relation to the custody,

supervision, care, treatment and disposition of the child which it would

have had if the child had remained in the sending agency's state, until

the child is adopted, reaches majority, becomes self-supporting or is

discharged with the concurrence of the appropriate authority in the

receiving state. Such jurisdiction shall also include the power to

effect or cause the return of the child or its transfer to another

location and custody pursuant to law. The sending agency shall continue

to have financial responsibility for support and maintenance of the

child during the period of the placement. Nothing contained herein shall

defeat a claim of jurisdiction by a receiving state sufficient to deal

with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an

agreement with an authorized public or private agency in the receiving

state providing for the performance of one or more services in respect

of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private

charitable agency authorized to place children in the receiving state

from performing services or acting as agent in that state for a private

charitable agency of the sending state; nor to prevent the agency in the

receiving state from discharging financial responsibility for the

support and maintenance of a child who has been placed on behalf of the

sending agency without relieving the responsibility set forth in

paragraph (a) hereof.

ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN

A child adjudicated delinquent may be placed in an institution in

another party jurisdiction pursuant to this compact, but no such

placement shall be made unless the child is given a court hearing on

notice to the parent or guardian with opportunity to be heard, prior to

his being sent to such other party jurisdiction for institutional care

and the court finds that:

1. Equivalent facilities for the child are not available in the

sending agency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best

interest of the child and will not produce undue hardship.

ARTICLE VII. COMPACT ADMINISTRATOR

The executive head of each jurisdiction party to this compact shall

designate an officer who shall be general coordinator of activities

under this compact in his jurisdiction and who, acting jointly with like

officers of other party jurisdictions, shall have power to promulgate

rules and regulations to carry out more effectively the terms and

provisions of this compact.

ARTICLE VIII. LIMITATIONS

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his

parent, step-parent, grandparent, adult brother or sister, adult uncle

or aunt, or his guardian and leaving the child with any such relative or

non-agency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving

state pursuant to any other interstate compact to which both the state

from which the child is sent or brought and the receiving state are

party, or to any other agreement between said states which has the force

of law.

ARTICLE IX. ENACTMENT AND WITHDRAWAL

This compact shall be open to joinder by any state, territory or

possession of the United States, the district of Columbia, the

commonwealth of Puerto Rico, and, with the consent of congress, the

government of Canada or any province thereof. It shall become effective

with respect to any such jurisdiction when such jurisdiction has enacted

the same into law. Withdrawal from this compact shall be by the

enactment of a statute repealing the same, but shall not take effect

until two years after the effective date of such statute and until

written notice of the withdrawal has been given by the withdrawing state

to the governor of each other party jurisdiction. Withdrawal of a party

state shall not affect the rights, duties and obligations under this

compact of any sending agency therein with respect to a placement made

prior to the effective date of withdrawal.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed to

effectuate the purposes thereof. The provisions of this compact shall be

severable and if any phrase, clause, sentence or provision of this

compact is declared to be contrary to the constitution of any party

state or of the United States or the applicability thereof to any

government, agency, person or circumstance is held invalid, the validity

of the remainder of this compact and the applicability thereof to any

other government, agency, person or circumstance shall not be affected

thereby. If this compact shall be held contrary to the constitution of

any state party thereto, the compact shall remain in full force and

effect as to the remaining states and in full force and effect as to the

state affected as to all severable matters.

2. Any requirement of this state for a license, permit, or the posting

of a bond to entitle an agency to place children shall not apply to a

public sending agency (within the meaning of the interstate compact on

the placement of children) of or in another state party to said compact.

3. Financial responsibility for any child placed pursuant to the

provisions of the interstate compact for the placement of children shall

be determined in accordance with the provisions of article five thereof

in the first instance. However, in the event of partial or complete

default of performance thereunder, the provisions of section three

hundred eighty-two of this chapter with respect to such responsibility

also may be invoked.

4. The "appropriate public authorities" as used in article three of

the interstate compact on the placement of children shall, with

reference to New York, mean the department of social services, except

that, with respect to the placement of children "adjudicated

delinquent", as that phrase is used in article six thereof, who are to

be placed in a facility operated or supervised by the division for

youth, shall mean the division for youth, and said department and

division shall receive and act with reference to notices required by

said article three.

5. As used in paragraph (a) of article five of the interstate compact

on the placement of children the phrase "appropriate authority in the

receiving state" with reference to New York state shall mean the

commissioner of social services of the social services district in which

the child may be at the time of discharge, and, with respect to children

"adjudicated delinquent", as that phrase is used in article six thereof,

who are to be discharged from a facility operated or supervised by the

division for youth, shall mean the division for youth.

6. The officers and agencies of this state and its subdivisions having

authority to place children are hereby empowered to enter into

agreements with appropriate officers or agencies of or in other party

states pursuant to paragraph (b) of article five of the interstate

compact on the placement of children. Any such agreement which contains

a financial commitment or imposes a financial obligation on this state

or subdivision or agency thereof shall not be binding unless it has the

approval in writing of the comptroller in the case of the state and of

the chief local fiscal officer in the case of a subdivision of the

state.

7. Any requirements for visitation, inspection or supervision of

children, homes, institutions or other agencies in another party state

which may apply under sections three hundred eighty-two, three hundred

eighty-six or three hundred ninety-eight of this chapter shall be deemed

to be met if performed pursuant to an agreement entered into by

appropriate officers or agencies of this state or a subdivision thereof

as contemplated by paragraph (b) of article five of the interstate

compact on the placement of children.

8. Neither the prohibition of, nor the limitations on out of state

placement of children contained in sections three hundred seventy-four

and three hundred ninety-eight of this chapter shall apply to placements

made pursuant to the interstate compact on the placement of children.

9. Any court having jurisdiction to place delinquent children may

place such a child in an institution of or in another state pursuant to

article six of the interstate compact on the placement of children and

shall retain jurisdiction as provided in article five thereof.

10. As used in article seven of the interstate compact on the

placement of children, the term "executive head" means the governor. The

governor is hereby authorized to appoint a compact administrator in

accordance with the terms of said article seven.

11. (a) In addition to the conditions for placement set forth in

subdivision one of this section, the sending agency shall, in the case

of a placement preliminary to a possible adoption, submit to the compact

administrator a full statement setting forth all fees, including the

categories of such fees, paid and to be paid by the adoptive parent to

any agency or person in exchange for the adoptive placement.

(b) The compact administrator shall not approve a proposed placement

where such placement violates subdivision six of section three hundred

seventy-four of this chapter.

12. Placement of a child in this state in violation of subdivision one

of this section by an out of state sending agency shall, in addition to

any other remedy or sanction imposed by law, subject the agency

violating such provision to a civil action for money damages including

fees, compensation and other remuneration paid by any person on account

of or incident to the placement of a child in violation of such

provision.

Placement of a child by an out of state sending agency in violation of

such provision shall subject such agency to the exercise of personal

jurisdiction over such agency by a court pursuant to subparagraph (i) of

paragraph three of subdivision (a) of section three hundred two of the

civil practice law and rules.