{"data":{"id":"us-ok/okla.-stat.-tit.-10-10-577","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10, § 10-577","heading":"Enactment of compact - Text","body":"There is hereby created the Interstate Compact for the Placement\n\nof Children. Pursuant to the terms and conditions of this compact,\n\nthe State of Oklahoma seeks to join with other member states, as\n\ndefined by this compact, in enacting this compact. This compact\n\nshall become effective upon the enactment into law by thirty-five\n\nstates. Upon the effective date of this compact, this compact shall\n\nreplace the Interstate Compact on the Placement of Children codified\n\nat Section 571 of Title 10 of the Oklahoma Statutes. The provisions\n\nof the Interstate Compact for the Placement of Children are as\n\nfollows:\n\nARTICLE I. PURPOSE\n\nThe purpose of this compact is to:\n\n1. Provide a process through which children subject to this\n\ncompact are placed in safe and suitable homes in a timely manner;\n\n2. Facilitate ongoing supervision of a placement, the delivery\n\nof services, and communication between the states;\n\n3. Provide operating procedures that will ensure that children\n\nare placed in safe and suitable homes in a timely manner;\n\n4. Provide for the promulgation and enforcement of\n\nadministrative rules implementing the provisions of this compact and\n\nregulating the covered activities of the member states;\n\n5. Provide for uniform data collection and information sharing\n\nbetween member states under this compact;\n\n6. Promote coordination between this compact, the Interstate\n\nCompact for Juveniles, the Interstate Compact on Adoption and\n\nMedical Assistance and other compacts affecting the placement of and\n\nwhich provide services to children otherwise subject to this\n\ncompact;\n\n7. Provide for a state’s continuing legal jurisdiction and\n\nresponsibility for placement and care of a child that it would have\n\nhad if the placement were intrastate; and\n\n8. Provide for the promulgation of guidelines, in collaboration\n\nwith Indian tribes, for interstate cases involving Indian children\n\nas is or may be permitted by federal law.\n\nARTICLE II. DEFINITIONS\n\nAs used in this compact:\n\n1. “Approved placement” means the public child-placing agency\n\nin the receiving state has determined that the placement is both\n\nsafe and suitable for the child;\n\n2. “Assessment” means an evaluation of a prospective placement\n\nby a public child-placing agency in the receiving state to determine\n\nif the placement meets the individualized needs of the child,\n\nincluding but not limited to the child’s safety and stability,\n\nhealth and well-being, and mental, emotional, and physical\n\ndevelopment. An assessment is only applicable to a placement by a\n\npublic child-placing agency;\n\n3. “Child” means an individual who has not attained the age of\n\neighteen (18);\n\n4. “Certification” means to attest, declare, or swear to before\n\na judge or notary public;\n\n5. “Default” means the failure of a member state to perform the\n\nobligations or responsibilities imposed upon it by this compact, or\n\nthe bylaws or rules of the Interstate Commission;\n\n6. “Home study” means an evaluation of a home environment\n\nconducted in accordance with the applicable requirements of the\n\nstate in which the home is located, and documenting the preparation\n\nand suitability of the placement resource for placement of a child\n\nin accordance with the laws and requirements of the state in which\n\nthe home is located;\n\n7. “Indian tribe” means any Indian tribe, band, nation, or\n\nother organized group or community of Indians recognized as eligible\n\nfor services provided to Indians by the Secretary of the Interior\n\nbecause of their status as Indians, including any Alaskan native\n\nvillage as defined in Section 3(c) of the Alaska Native Claims\n\nSettlement Act at 43 U.S.C., Section 1602(c);\n\n8. “Interstate Commission for the Placement of Children” means\n\nthe commission that is created under Article VIII of this compact\n\nand which is generally referred to as the Interstate Commission;\nus as Indians, including any Alaskan native\n\nvillage as defined in Section 3(c) of the Alaska Native Claims\n\nSettlement Act at 43 U.S.C., Section 1602(c);\n\n8. “Interstate Commission for the Placement of Children” means\n\nthe commission that is created under Article VIII of this compact\n\nand which is generally referred to as the Interstate Commission;\n\n9. “Jurisdiction” means the power and authority of a court to\n\nhear and decide matters;\n\n10. “Legal risk placement” or “legal risk adoption” means a\n\nplacement made preliminary to an adoption where the prospective\n\nadoptive parents acknowledge in writing that a child may be ordered\n\nreturned to the sending state or the state of residence of the birth\n\nmother, if different from the sending state, and a final decree of\n\nadoption shall not be entered in any jurisdiction until all required\n\nconsents are obtained or are dispensed with in accordance with\n\napplicable law;\n\n11. “Member state” means a state that has enacted this compact;\n\n12. “Noncustodial parent” means a person who, at the time of\n\ncommencement of court proceedings in the sending state, does not\n\nhave sole legal custody of the child or has joint legal custody of a\n\nchild, and who is not the subject of allegations or findings of\n\nchild abuse or neglect;\n\n13. “Nonmember state” means a state which has not enacted this\n\ncompact;\n\n14. “Notice of residential placement” means information\n\nregarding a placement into a residential facility provided to the\n\nreceiving state including, but not limited to, the name, date, and\n\nplace of birth of the child, the identity and address of the parent\n\nor legal guardian, evidence of authority to make the placement, and\n\nthe name and address of the facility in which the child will be\n\nplaced. Notice of residential placement shall also include\n\ninformation regarding a discharge and any unauthorized absence from\n\nthe facility;\n\n15. “Placement” means the act by a public or private child-\n\nplacing agency intended to arrange for the care or custody of a\n\nchild in another state;\n\n16. “Private child-placing agency” means any private\n\ncorporation, agency, foundation, institution, or charitable\n\norganization, or any private person or attorney that facilitates,\n\ncauses, or is involved in the placement of a child from one state to\n\nanother and that is not an instrumentality of the state or acting\n\nunder color of state law;\n\n17. “Provisional placement” means a determination made by the\n\npublic child-placing agency in the receiving state that the proposed\n\nplacement is safe and suitable, and, to the extent allowable, the\n\nreceiving state has temporarily waived its standards or requirements\n\notherwise applicable to prospective foster or adoptive parents so as\n\nnot to delay the placement. Completion of the receiving state\n\nrequirements regarding training for prospective foster or adoptive\n\nparents shall not delay an otherwise safe and suitable placement;\n\n18. “Public child-placing agency” means any government child\n\nwelfare agency or child protection agency or a private entity under\n\ncontract with such an agency, regardless of whether they act on\n\nbehalf of a state, county, municipality, or other governmental unit\n\nand which facilitates, causes, or is involved in the placement of a\n\nchild from one state to another;\n\n19. “Receiving state” means the state to which a child is sent,\n\nbrought, or caused to be sent or brought;\n\n20. “Relative” means someone who is related to the child as a\n\nparent, stepparent, sibling by half or whole blood or by adoption,\n\ngrandparent, aunt, uncle, or first cousin or a nonrelative with such\n\nsignificant ties to the child that they may be regarded as relatives\n\nas determined by the court in the sending state;\n\n21. “Residential facility” means a facility providing a level\n\nof care that is sufficient to substitute for parental responsibility\nhild as a\n\nparent, stepparent, sibling by half or whole blood or by adoption,\n\ngrandparent, aunt, uncle, or first cousin or a nonrelative with such\n\nsignificant ties to the child that they may be regarded as relatives\n\nas determined by the court in the sending state;\n\n21. “Residential facility” means a facility providing a level\n\nof care that is sufficient to substitute for parental responsibility\n\nor foster care, and is beyond what is needed for assessment or\n\ntreatment of an acute condition. For purposes of the compact,\n\nresidential facilities do not include institutions primarily\n\neducational in character, hospitals, or other medical facilities;\n\n22. “Rule” means a written directive, mandate, standard, or\n\nprinciple issued by the Interstate Commission promulgated pursuant\n\nto Article XI of this compact that is of general applicability and\n\nthat implements, interprets, or prescribes a policy or provision of\n\nthe compact. A rule has the force and effect of an administrative\n\nrule in a member state, and includes the amendment, repeal, or\n\nsuspension of an existing rule;\n\n23. “Sending state” means the state from which the placement of\n\na child is initiated;\n\n24. “Service member’s permanent duty station” means the\n\nmilitary installation where an active duty Armed Services member is\n\ncurrently assigned and is physically located under competent orders\n\nthat do not specify the duty as temporary;\n\n25. “Service member’s state of legal residence” means the state\n\nin which the active duty Armed Services member is considered a\n\nresident for tax and voting purposes;\n\n26. “State” means a state of the United States, the District of\n\nColumbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,\n\nGuam, American Samoa, the Northern Mariana Islands and any other\n\nterritory of the United States;\n\n27. “State court” means a judicial body of a state that is\n\nvested by law with responsibility for adjudicating cases involving\n\nabuse, neglect, deprivation, delinquency, or status offenses of\n\nindividuals who have not attained the age of eighteen (18); and\n\n28. “Supervision” means monitoring provided by the receiving\n\nstate once a child has been placed in a receiving state pursuant to\n\nthis compact.\n\nARTICLE III. APPLICABILITY\n\nA. Except as otherwise provided in Article III, subsection B,\n\nthis compact shall apply to:\n\n1. The interstate placement of a child subject to ongoing court\n\njurisdiction in the sending state, due to allegations or findings\n\nthat the child has been abused, neglected, or deprived as defined by\n\nthe laws of the sending state; provided, however, that the placement\n\nof such a child into a residential facility shall only require\n\nnotice of residential placement to the receiving state prior to\n\nplacement;\n\n2. The interstate placement of a child adjudicated delinquent\n\nor unmanageable based on the laws of the sending state and subject\n\nto ongoing court jurisdiction of the sending state if:\n\na. the child is being placed in a residential facility in\n\nanother member state and is not covered under another\n\ncompact, or\n\nb. the child is being placed in another member state and\n\nthe determination of safety and suitability of the\n\nplacement and services required is not provided\n\nthrough another compact; and\n\n3. The interstate placement of any child by a public child-\n\nplacing agency or private child-placing agency as defined in this\n\ncompact as a preliminary step to a possible adoption.\n\nB. The provisions of this compact shall not apply to:\n\n1. The interstate placement of a child in a custody proceeding\n\nin which a public child-placing agency is not a party, provided the\n\nplacement is not intended to effectuate an adoption;\n\n2. The interstate placement of a child with a nonrelative in a\n\nreceiving state by a parent with the legal authority to make such a\n\nplacement, provided the placement is not intended to effectuate an\n\nadoption;\n:\n\n1. The interstate placement of a child in a custody proceeding\n\nin which a public child-placing agency is not a party, provided the\n\nplacement is not intended to effectuate an adoption;\n\n2. The interstate placement of a child with a nonrelative in a\n\nreceiving state by a parent with the legal authority to make such a\n\nplacement, provided the placement is not intended to effectuate an\n\nadoption;\n\n3. The interstate placement of a child by one relative with the\n\nlawful authority to make such a placement directly with a relative\n\nin a receiving state;\n\n4. The placement of a child, not subject to Article III,\n\nsubsection A, into a residential facility by the child's parent;\n\n5. The placement of a child with a noncustodial parent provided\n\nthat:\n\na. the noncustodial parent proves to the satisfaction of\n\na court in the sending state a substantial\n\nrelationship with the child,\n\nb. the court in the sending state makes a written finding\n\nthat placement with the noncustodial parent is in the\n\nbest interests of the child, and\n\nc. the court in the sending state dismisses its\n\njurisdiction over the child’s case;\n\n6. A child entering the United States from a foreign country\n\nfor the purpose of adoption or leaving the United States to go to a\n\nforeign country for the purpose of adoption in that country;\n\n7. Cases in which a U.S. citizen child living overseas with the\n\nchild's family, at least one of whom is in the U.S. Armed Services,\n\nand who is stationed overseas, is removed and placed in a state; or\n\n8. The sending of a child by a public child-placing agency or a\n\nprivate child-placing agency for a visit as defined by the rules of\n\nthe Interstate Commission.\n\nC. For purposes of determining the applicability of this\n\ncompact to the placement of a child with a family in the Armed\n\nServices, the public child-placing agency or private child-placing\n\nagency may choose the state of the service member’s permanent duty\n\nstation or the service member’s declared legal residence.\n\nD. Nothing in this compact shall be construed to prohibit the\n\nconcurrent application of the provisions of this compact with other\n\napplicable interstate compacts including the Interstate Compact for\n\nJuveniles and the Interstate Compact on Adoption and Medical\n\nAssistance. The Interstate Commission may in cooperation with other\n\ninterstate compact commissions having responsibility for the\n\ninterstate movement, placement or transfer of children, promulgate\n\nlike rules to ensure the coordination of services, timely placement\n\nof children, and the reduction of unnecessary or duplicative\n\nadministrative or procedural requirements.\n\nARTICLE IV. JURISDICTION\n\nA. Except as provided in Article IV, subsection G and Article\n\nV, subsection B, paragraphs 2 and 3 concerning private and\n\nindependent adoption and in interstate placements in which the\n\npublic child-placing agency is not a party to a custody proceeding,\n\nthe sending state shall retain jurisdiction over a child with\n\nrespect to all matters of custody and disposition of the child which\n\nit would have had if the child had remained in the sending state.\n\nSuch jurisdiction shall also include the power to order the return\n\nof the child to the sending state.\n\nB. When an issue of child protection or custody is brought\n\nbefore a court in the receiving state, such court shall confer with\n\nthe court of the sending state to determine the most appropriate\n\nforum for adjudication.\n\nC. In accordance with its own laws, the court in the sending\n\nstate shall have authority to terminate its jurisdiction if:\n\n1. The child is reunified with the parent in the receiving\n\nstate who is the subject of allegations or findings of abuse or\n\nneglect, only with the concurrence of the public child-placing\n\nagency in the receiving state;\n\n2. The child is adopted;\n\n3. The child reaches the age of majority under the laws of the\n\nsending state;\n\nate its jurisdiction if:\n\n1. The child is reunified with the parent in the receiving\n\nstate who is the subject of allegations or findings of abuse or\n\nneglect, only with the concurrence of the public child-placing\n\nagency in the receiving state;\n\n2. The child is adopted;\n\n3. The child reaches the age of majority under the laws of the\n\nsending state;\n\n4. The child achieves legal independence pursuant to the laws\n\nof the sending state;\n\n5. A guardianship is created by a court in the receiving state\n\nwith the concurrence of the court in the sending state;\n\n6. An Indian tribe has petitioned for and received jurisdiction\n\nfrom the court in the sending state; or\n\n7. The public child-placing agency of the sending state\n\nrequests termination and has obtained the concurrence of the public\n\nchild-placing agency in the receiving state.\n\nD. When a sending state court terminates its jurisdiction, the\n\nreceiving state child-placing agency shall be notified.\n\nE. Nothing in this article shall defeat a claim of jurisdiction\n\nby a receiving state court sufficient to deal with an act of\n\ntruancy, delinquency, crime, or behavior involving a child as\n\ndefined by the laws of the receiving state committed by the child in\n\nthe receiving state which would be a violation of its laws.\n\nF. Nothing in this article shall limit the receiving state’s\n\nability to take emergency jurisdiction for the protection of the\n\nchild.\n\nG. The substantive laws of the state in which an adoption will\n\nbe finalized shall solely govern all issues relating to the adoption\n\nof the child and the court in which the adoption proceeding is filed\n\nshall have subject matter jurisdiction regarding all substantive\n\nissues relating to the adoption except:\n\n1. When the child is a ward of another court that established\n\njurisdiction over the child prior to the placement;\n\n2. When the child is in the legal custody of a public agency in\n\nthe sending state; or\n\n3. When a court in the sending state has otherwise\n\nappropriately assumed jurisdiction over the child, prior to the\n\nsubmission of the request for approval of placement.\n\nH. A final decree of adoption shall not be entered in any\n\njurisdiction until the placement is authorized as an “approved\n\nplacement” by the public child-placing agency in the receiving\n\nstate.\n\nARTICLE V. PLACEMENT EVALUATION\n\nA. Prior to sending, bringing, or causing a child to be sent or\n\nbrought into a receiving state, the public child-placing agency\n\nshall provide a written request for assessment to the receiving\n\nstate.\n\nB. For placements by a private child-placing agency, a child\n\nmay be sent or brought, or caused to be sent or brought, into a\n\nreceiving state, upon receipt and immediate review of the required\n\ncontent in a request for approval of a placement in both the sending\n\nand receiving state public child-placing agency. The required\n\ncontent to accompany a request for approval shall include the\n\nfollowing:\n\n1. A request for approval identifying the child, birth\n\nparent(s), the prospective adoptive parent(s), and the supervising\n\nagency, signed by the person requesting approval;\n\n2. The appropriate consents or relinquishments signed by the\n\nbirth parents in accordance with the laws of the sending state, or\n\nwhere permitted the laws of the state where the adoption will be\n\nfinalized;\n\n3. Certification by a licensed attorney or authorized agent of\n\na private adoption agency that the consent or relinquishment is in\n\ncompliance with the applicable laws of the sending state, or where\n\npermitted the laws of the state where finalization of the adoption\n\nwill occur;\n\n4. A home study; and\n\n5. An acknowledgment of legal risk signed by the prospective\n\nadoptive parents.\n\nC. The sending state and the receiving state may request\n\nadditional information or documents prior to finalization of an\n\napproved placement, but they may not delay travel by the prospective\nsending state, or where\n\npermitted the laws of the state where finalization of the adoption\n\nwill occur;\n\n4. A home study; and\n\n5. An acknowledgment of legal risk signed by the prospective\n\nadoptive parents.\n\nC. The sending state and the receiving state may request\n\nadditional information or documents prior to finalization of an\n\napproved placement, but they may not delay travel by the prospective\n\nadoptive parents with the child if the required content for approval\n\nhas been submitted, received, and reviewed by the public child-\n\nplacing agency in both the sending state and the receiving state.\n\nD. Approval from the public child-placing agency in the\n\nreceiving state for a provisional or approved placement is required\n\nas provided for in the rules of the Interstate Commission.\n\nE. The procedures for making and the request for an assessment\n\nshall contain all information and be in such form as provided for in\n\nthe rules of the Interstate Commission.\n\nF. Upon receipt of a request from the public child-placing\n\nagency of the sending state, the receiving state shall initiate an\n\nassessment of the proposed placement to determine its safety and\n\nsuitability. If the proposed placement is a placement with a\n\nrelative, the public child-placing agency of the sending state may\n\nrequest a determination for a provisional placement.\n\nG. The public child-placing agency in the receiving state may\n\nrequest from the public child-placing agency or the private child-\n\nplacing agency in the sending state, and shall be entitled to\n\nreceive supporting or additional information necessary to complete\n\nthe assessment or approve the placement.\n\nH. The public child-placing agency in the receiving state shall\n\napprove a provisional placement and complete or arrange for the\n\ncompletion of the assessment within the time frames established by\n\nthe rules of the Interstate Commission.\n\nI. For a placement by a private child-placing agency, the\n\nsending state shall not impose any additional requirements to\n\ncomplete the home study that are not required by the receiving\n\nstate, unless the adoption is finalized in the sending state.\n\nJ. The Interstate Commission may develop uniform standards for\n\nthe assessment of the safety and suitability of interstate\n\nplacements.\n\nARTICLE VI. PLACEMENT AUTHORITY\n\nA. Except as provided in this compact, no child subject to this\n\ncompact shall be placed into a receiving state until approval for\n\nthe placement is obtained.\n\nB. If the public child-placing agency in the receiving state\n\ndoes not approve the proposed placement then the child shall not be\n\nplaced. The receiving state shall provide written documentation of\n\nany such determination in accordance with the rules promulgated by\n\nthe Interstate Commission. Such determination is not subject to\n\njudicial review in the sending state.\n\nC. If the proposed placement is not approved, any interested\n\nparty shall have standing to seek an administrative review of the\n\nreceiving state’s determination.\n\n1. The administrative review and any further judicial review\n\nassociated with the determination shall be conducted in the\n\nreceiving state pursuant to its applicable administrative\n\nprocedures.\n\n2. If a determination not to approve the placement of a child\n\nin the receiving state is overturned upon review, the placement\n\nshall be deemed approved; provided, however, that all administrative\n\nor judicial remedies have been exhausted or the time for such\n\nremedies has passed.\n\nARTICLE VII. PLACING AGENCY RESPONSIBILITY\n\nA. For the interstate placement of a child made by a public\n\nchild-placing agency or state court:\n\n1. The public child-placing agency in the sending state shall\n\nhave financial responsibility for:\n\na. the ongoing support and maintenance for the child\n\nduring the period of the placement, unless otherwise\n\nprovided for in the receiving state, and\n\nb. as determined by the public child-placing agency in\nFor the interstate placement of a child made by a public\n\nchild-placing agency or state court:\n\n1. The public child-placing agency in the sending state shall\n\nhave financial responsibility for:\n\na. the ongoing support and maintenance for the child\n\nduring the period of the placement, unless otherwise\n\nprovided for in the receiving state, and\n\nb. as determined by the public child-placing agency in\n\nthe sending state, services for the child beyond the\n\npublic services for which the child is eligible in the\n\nreceiving state;\n\n2. The receiving state shall only have financial responsibility\n\nfor:\n\na. any assessment conducted by the receiving state, and\n\nb. supervision conducted by the receiving state at the\n\nlevel necessary to support the placement as agreed\n\nupon by the public child-placing agencies of the\n\nreceiving and sending state; and\n\n3. Nothing in this provision shall prohibit public child-\n\nplacing agencies in the sending state from entering into agreements\n\nwith licensed agencies or persons in the receiving state to conduct\n\nassessments and provide supervision.\n\nB. For the placement of a child by a private child-placing\n\nagency preliminary to a possible adoption, the private child-placing\n\nagency shall be:\n\n1. Legally responsible for the child during the period of\n\nplacement as provided for in the law of the sending state until the\n\nfinalization of the adoption; and\n\n2. Financially responsible for the child absent a contractual\n\nagreement to the contrary.\n\nC. The public child-placing agency in the receiving state shall\n\nprovide timely assessments, as provided for in the rules of the\n\nInterstate Commission.\n\nD. The public child-placing agency in the receiving state shall\n\nprovide, or arrange for the provision of, supervision and services\n\nfor the child, including timely reports, during the period of the\n\nplacement.\n\nE. Nothing in this compact shall be construed as to limit the\n\nauthority of the public child-placing agency in the receiving state\n\nfrom contracting with a licensed agency or person in the receiving\n\nstate for an assessment or the provision of supervision or services\n\nfor the child or otherwise authorizing the provision of supervision\n\nor services by a licensed agency during the period of placement.\n\nF. Each member state shall provide for coordination among its\n\nbranches of government concerning the state’s participation in, and\n\ncompliance with, the compact and Interstate Commission activities,\n\nthrough the creation of an advisory council or use of an existing\n\nbody or board.\n\nG. Each member state shall establish a central state compact\n\noffice, which shall be responsible for state compliance with the\n\ncompact and the rules of the Interstate Commission.\n\nH. The public child-placing agency in the sending state shall\n\noversee compliance with the provisions of the Indian Child Welfare\n\nAct, 25 U.S.C., Section 1901 et seq., for placements subject to the\n\nprovisions of this compact, prior to placement.\n\nI. With the consent of the Interstate Commission, states may\n\nenter into limited agreements that facilitate the timely assessment\n\nand provision of services and supervision of placements under this\n\ncompact.\n\nARTICLE VIII. INTERSTATE COMMISSION FOR\n\nTHE PLACEMENT OF CHILDREN\n\nThe member states hereby establish, by way of this compact, a\n\ncommission known as the “Interstate Commission for the Placement of\n\nChildren”. The activities of the Interstate Commission are the\n\nformation of public policy and are a discretionary state function.\n\nThe Interstate Commission shall:\n\n1. Be a joint commission of the member states and shall have\n\nthe responsibilities, powers, and duties set forth herein, and such\n\nadditional powers as may be conferred upon it by subsequent\n\nconcurrent action of the respective Legislatures of the member\n\nstates;\n\n2. Consist of one commissioner from each member state who shall\nate Commission shall:\n\n1. Be a joint commission of the member states and shall have\n\nthe responsibilities, powers, and duties set forth herein, and such\n\nadditional powers as may be conferred upon it by subsequent\n\nconcurrent action of the respective Legislatures of the member\n\nstates;\n\n2. Consist of one commissioner from each member state who shall\n\nbe appointed by the executive head of the state human services\n\nadministration with ultimate responsibility for the child welfare\n\nprogram. The appointed commissioner shall have the legal authority\n\nto vote on policy-related matters governed by this compact binding\n\nthe state.\n\na. Each member state represented at a meeting of the\n\nInterstate Commission is entitled to one vote.\n\nb. A majority of the member states shall constitute a\n\nquorum for the transaction of business, unless a\n\nlarger quorum is required by the bylaws of the\n\nInterstate Commission.\n\nc. A representative shall not delegate a vote to another\n\nmember state.\n\nd. A representative may delegate voting authority to\n\nanother person from their state for a specified\n\nmeeting;\n\n3. In addition to the commissioners of each member state,\n\ninclude persons who are members of interested organizations as\n\ndefined in the bylaws or rules of the Interstate Commission. Such\n\nmembers shall be ex officio and shall not be entitled to vote on any\n\nmatter before the Interstate Commission; and\n\n4. Establish an executive committee which shall have the\n\nauthority to administer the day-to-day operations and administration\n\nof the Interstate Commission. The Executive Committee shall not\n\nhave the power to engage in rulemaking.\n\nARTICLE IX. POWERS AND DUTIES OF THE INTERSTATE COMMISSION\n\nThe Interstate Commission shall have the following powers:\n\n1. To promulgate rules and take all necessary actions to effect\n\nthe goals, purposes, and obligations as enumerated in this compact;\n\n2. To provide for dispute resolution among member states;\n\n3. To issue, upon request of a member state, advisory opinions\n\nconcerning the meaning or interpretation of the interstate compact,\n\nits bylaws, rules, or actions;\n\n4. To enforce compliance with this compact or the bylaws or\n\nrules of the Interstate Commission pursuant to Article XII;\n\n5. To collect standardized data concerning the interstate\n\nplacement of children subject to this compact as directed through\n\nits rules which shall specify the data to be collected, the means of\n\ncollection, and data exchange and reporting requirements;\n\n6. To establish and maintain offices as may be necessary for\n\nthe transacting of its business;\n\n7. To purchase and maintain insurance and bonds;\n\n8. To hire or contract for services of personnel or consultants\n\nas necessary to carry out its functions under the compact and\n\nestablish personnel qualification policies and rates of\n\ncompensation;\n\n9. To establish and appoint committees and officers including,\n\nbut not limited to, an executive committee as required by Article X;\n\n10. To accept any and all donations and grants of money,\n\nequipment, supplies, materials, and services, and to receive,\n\nutilize, and dispose thereof;\n\n11. To lease, purchase, accept contributions or donations of,\n\nor otherwise to own, hold, improve, or use any property, real,\n\npersonal, or mixed;\n\n12. To sell, convey, mortgage, pledge, lease, exchange,\n\nabandon, or otherwise dispose of any property, real, personal, or\n\nmixed;\n\n13. To establish a budget and make expenditures;\n\n14. To adopt a seal and bylaws governing the management and\n\noperation of the Interstate Commission;\n\n15. To report annually to the Legislatures, Governors, the\n\njudiciary, and state advisory councils of the member states\n\nconcerning the activities of the Interstate Commission during the\n\npreceding year. Such reports shall also include any recommendations\n\nthat may have been adopted by the Interstate Commission;\nseal and bylaws governing the management and\n\noperation of the Interstate Commission;\n\n15. To report annually to the Legislatures, Governors, the\n\njudiciary, and state advisory councils of the member states\n\nconcerning the activities of the Interstate Commission during the\n\npreceding year. Such reports shall also include any recommendations\n\nthat may have been adopted by the Interstate Commission;\n\n16. To coordinate and provide education, training, and public\n\nawareness regarding the interstate movement of children for\n\nofficials involved in such activity;\n\n17. To maintain books and records in accordance with the bylaws\n\nof the Interstate Commission; and\n\n18. To perform such functions as may be necessary or\n\nappropriate to achieve the purposes of this compact.\n\nARTICLE X. ORGANIZATION AND OPERATION OF THE\n\nINTERSTATE COMMISSION\n\nA. Bylaws.\n\n1. Within twelve (12) months after the first Interstate\n\nCommission meeting, the Interstate Commission shall adopt bylaws to\n\ngovern its conduct as may be necessary or appropriate to carry out\n\nthe purposes of the compact.\n\n2. The bylaws and rules of the Interstate Commission shall\n\nestablish conditions and procedures under which the Interstate\n\nCommission shall make its information and official records available\n\nto the public for inspection or copying. The Interstate Commission\n\nmay exempt from disclosure information or official records to the\n\nextent they would adversely affect personal privacy rights or\n\nproprietary interests.\n\nB. Meetings.\n\n1. The Interstate Commission shall meet at least once each\n\ncalendar year. The chairperson may call additional meetings, and\n\nupon the request of a simple majority of the member states shall\n\ncall additional meetings.\n\n2. Public notice shall be given by the Interstate Commission of\n\nall meetings and all meetings shall be open to the public, except as\n\nset forth in the rules or as otherwise provided in the compact. The\n\nInterstate Commission and its committees may close a meeting, or\n\nportion thereof, where it determines by two-thirds (2/3) vote that\n\nan open meeting would be likely to:\n\na. relate solely to the Interstate Commission’s internal\n\npersonnel practices and procedures,\n\nb. disclose matters specifically exempted from disclosure\n\nby federal law,\n\nc. disclose financial or commercial information which is\n\nprivileged, proprietary, or confidential in nature,\n\nd. involve accusing a person of a crime, or formally\n\ncensuring a person,\n\ne. disclose information of a personal nature where\n\ndisclosure would constitute a clearly unwarranted\n\ninvasion of personal privacy or physically endanger\n\none or more persons,\n\nf. disclose investigative records compiled for law\n\nenforcement purposes, or\n\ng. specifically relate to the Interstate Commission’s\n\nparticipation in a civil action or other legal\n\nproceeding.\n\n3. For a meeting, or portion of a meeting, closed pursuant to\n\nthis provision, the Interstate Commission’s legal counsel or\n\ndesignee shall certify that the meeting may be closed and shall\n\nreference each relevant exemption provision. The Interstate\n\nCommission shall keep minutes which shall fully and clearly describe\n\nall matters discussed in a meeting and shall provide a full and\n\naccurate summary of actions taken and the reasons therefor,\n\nincluding a description of the views expressed and the record of a\n\nroll-call vote. All documents considered in connection with an\n\naction shall be identified in such minutes. All minutes and\n\ndocuments of a closed meeting shall remain under seal, subject to\n\nrelease by a majority vote of the Interstate Commission or by court\n\norder.\n\n4. The bylaws may provide for meetings of the Interstate\n\nCommission to be conducted by telecommunication or other electronic\n\ncommunication.\n\nC. Officers and Staff.\n\n1. The Interstate Commission may, through its executive\n\ncommittee, appoint or retain a staff director for such period, upon\nremain under seal, subject to\n\nrelease by a majority vote of the Interstate Commission or by court\n\norder.\n\n4. The bylaws may provide for meetings of the Interstate\n\nCommission to be conducted by telecommunication or other electronic\n\ncommunication.\n\nC. Officers and Staff.\n\n1. The Interstate Commission may, through its executive\n\ncommittee, appoint or retain a staff director for such period, upon\n\nsuch terms and conditions and for such compensation as the\n\nInterstate Commission may deem appropriate. The staff director\n\nshall serve as secretary to the Interstate Commission, but shall not\n\nhave a vote. The staff director may hire and supervise such other\n\nstaff as may be authorized by the Interstate Commission.\n\n2. The Interstate Commission shall elect, from among its\n\nmembers, a chairperson and a vice-chairperson of the executive\n\ncommittee and other necessary officers, each of whom shall have such\n\nauthority and duties as may be specified in the bylaws.\n\nD. Qualified Immunity, Defense and Indemnification.\n\nThe Interstate Commission’s staff director and its employees\n\nshall be immune from suit and liability, either personally or in\n\ntheir official capacity, for a claim for damage to or loss of\n\nproperty or personal injury or other civil liability caused or\n\narising out of or relating to an actual or alleged act, error, or\n\nomission that occurred, or that such person had a reasonable basis\n\nfor believing occurred within the scope of Commission employment,\n\nduties, or responsibilities; provided, that such person shall not be\n\nprotected from suit or liability for damage, loss, injury, or\n\nliability caused by a criminal act or the intentional or willful and\n\nwanton misconduct of such person.\n\n1. The liability of the Interstate Commission’s staff director\n\nand employees or Interstate Commission representatives, acting\n\nwithin the scope of such person’s employment or duties for acts,\n\nerrors, or omissions occurring within such person’s state may not\n\nexceed the limits of liability set forth under the Constitution and\n\nlaws of that state for state officials, employees, and agents. The\n\nInterstate Commission is considered to be an instrumentality of the\n\nstates for the purposes of any such action. Nothing in this\n\nsubsection shall be construed to protect such person from suit or\n\nliability for damage, loss, injury, or liability caused by a\n\ncriminal act or the intentional or willful and wanton misconduct of\n\nsuch person.\n\n2. The Interstate Commission shall defend the staff director\n\nand its employees and, subject to the approval of the Attorney\n\nGeneral or other appropriate legal counsel of the member state,\n\nshall defend the commissioner of a member state in a civil action\n\nseeking to impose liability arising out of an actual or alleged act,\n\nerror or omission that occurred within the scope of Interstate\n\nCommission employment, duties or responsibilities, or that the\n\ndefendant had a reasonable basis for believing occurred within the\n\nscope of Interstate Commission employment, duties, or\n\nresponsibilities, provided that the actual or alleged act, error, or\n\nomission did not result from intentional or willful and wanton\n\nmisconduct on the part of such person.\n\n3. To the extent not covered by the state involved, member\n\nstate, or the Interstate Commission, the representatives or\n\nemployees of the Interstate Commission shall be held harmless in the\n\namount of a settlement or judgment, including attorney fees and\n\ncosts, obtained against such persons arising out of an actual or\n\nalleged act, error, or omission that occurred within the scope of\n\nInterstate Commission employment, duties, or responsibilities, or\n\nthat such persons had a reasonable basis for believing occurred\n\nwithin the scope of Interstate Commission employment, duties, or\n\nresponsibilities, provided that the actual or alleged act, error, or\ncosts, obtained against such persons arising out of an actual or\n\nalleged act, error, or omission that occurred within the scope of\n\nInterstate Commission employment, duties, or responsibilities, or\n\nthat such persons had a reasonable basis for believing occurred\n\nwithin the scope of Interstate Commission employment, duties, or\n\nresponsibilities, provided that the actual or alleged act, error, or\n\nomission did not result from intentional or willful and wanton\n\nmisconduct on the part of such persons.\n\nARTICLE XI. RULEMAKING FUNCTIONS OF\n\nTHE INTERSTATE COMMISSION\n\nA. The Interstate Commission shall promulgate and publish rules\n\nin order to effectively and efficiently achieve the purposes of the\n\ncompact.\n\nB. Rulemaking shall occur pursuant to the criteria set forth in\n\nthis article and the bylaws and rules adopted pursuant thereto.\n\nSuch rulemaking shall substantially conform to the principles of the\n\n“Model State Administrative Procedures Act”, 1981 Act, Uniform Laws\n\nAnnotated, Vol. 15, p. 1 (2000), or such other administrative\n\nprocedure acts as the Interstate Commission deems appropriate and\n\nconsistent with due process requirements under the United States\n\nConstitution as now or hereafter interpreted by the U.S. Supreme\n\nCourt. All rules and amendments shall become binding as of the date\n\nspecified, as published with the final version of the rule as\n\napproved by the Interstate Commission.\n\nC. When promulgating a rule, the Interstate Commission shall,\n\nat a minimum:\n\n1. Publish the entire text of the proposed rule stating the\n\nreason(s) for that proposed rule;\n\n2. Allow and invite any and all persons to submit written data,\n\nfacts, opinions, and arguments, which information shall be added to\n\nthe record and be made publicly available; and\n\n3. Promulgate a final rule and its effective date, if\n\nappropriate, based on input from state or local officials, or\n\ninterested parties.\n\nD. Rules promulgated by the Interstate Commission shall have\n\nthe force and effect of administrative rules and shall be binding in\n\nthe compacting states to the extent and in the manner provided for\n\nin this compact.\n\nE. Not later than sixty (60) days after a rule is promulgated,\n\nan interested person may file a petition in the U.S. District Court\n\nfor the District of Columbia or in the Federal District Court where\n\nthe Interstate Commission’s principal office is located for judicial\n\nreview of such rule. If the court finds that the action of the\n\nInterstate Commission is not supported by substantial evidence in\n\nthe rulemaking record, the court shall hold the rule unlawful and\n\nset it aside.\n\nF. If a majority of the Legislatures of the member states\n\nrejects a rule, those states may by enactment of a statute or\n\nresolution in the same manner used to adopt the compact cause that\n\nrule to have no further force and effect in any member state.\n\nG. The existing rules governing the operation of the Interstate\n\nCompact on the Placement of Children superseded by this act shall be\n\nnull and void no less than twelve (12), but no more than twenty-four\ns\n\nrejects a rule, those states may by enactment of a statute or\n\nresolution in the same manner used to adopt the compact cause that\n\nrule to have no further force and effect in any member state.\n\nG. The existing rules governing the operation of the Interstate\n\nCompact on the Placement of Children superseded by this act shall be\n\nnull and void no less than twelve (12), but no more than twenty-four\n\n(24) months after the first meeting of the Interstate Commission\n\ncreated hereunder, as determined by the members during the first\n\nmeeting.\n\nH. Within the first twelve (12) months of operation, the\n\nInterstate Commission shall promulgate rules addressing the\n\nfollowing:\n\n1. Transition rules;\n\n2. Forms and procedures;\n\n3. Time lines;\n\n4. Data collection and reporting;\n\n5. Rulemaking;\n\n6. Visitation;\n\n7. Progress reports/supervision;\n\n8. Sharing of information/confidentiality;\n\n9. Financing of the Interstate Commission;\n\n10. Mediation, arbitration, and dispute resolution;\n\n11. Education, training, and technical assistance;\n\n12. Enforcement; and\n\n13. Coordination with other interstate compacts.\n\nI. 1. Upon determination by a majority of the members of the\n\nInterstate Commission that an emergency exists the Interstate\n\nCommission may promulgate an emergency rule only if it is required\n\nto:\n\na. protect the children covered by this compact from an\n\nimminent threat to their health, safety and well-\n\nbeing,\n\nb. prevent loss of federal or state funds, or\n\nc. meet a deadline for the promulgation of an\n\nadministrative rule required by federal law.\n\n2. An emergency rule shall become effective immediately upon\n\nadoption; provided, that the usual rulemaking procedures provided\n\nhereunder shall be retroactively applied to said rule as soon as\n\nreasonably possible, but no later than ninety (90) days after the\n\neffective date of the emergency rule.\n\n3. An emergency rule shall be promulgated as provided for in\n\nthe rules of the Interstate Commission.\n\nARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT\n\nA. Oversight.\n\n1. The Interstate Commission shall oversee the administration\n\nand operation of the compact.\n\n2. The executive, legislative, and judicial branches of state\n\ngovernment in each member state shall enforce this compact and the\n\nrules of the Interstate Commission and shall take all actions\n\nnecessary and appropriate to effectuate the purposes and intent of\n\nthe compact. The compact and its rules shall be binding in the\n\ncompacting states to the extent and in the manner provided for in\n\nthis compact.\n\n3. All courts shall take judicial notice of the compact and the\n\nrules in any judicial or administrative proceeding in a member state\n\npertaining to the subject matter of this compact.\n\n4. The Interstate Commission shall be entitled to receive\n\nservice of process in any action in which the validity of a compact\n\nprovision or rule is the issue for which a judicial determination\n\nhas been sought and shall have standing to intervene in any\n\nproceedings. Failure to provide service of process to the\n\nInterstate Commission shall render any judgment, order, or other\n\ndetermination, however so captioned or classified, void as to the\n\nInterstate Commission, this compact, its bylaws or rules of the\n\nInterstate Commission.\n\nB. Dispute Resolution.\n\n1. The Interstate Commission shall attempt, upon the request of\n\na member state, to resolve disputes which are subject to the compact\n\nand which may arise among member states and between member and\n\nnonmember states.\n\n2. The Interstate Commission shall promulgate a rule providing\n\nfor both mediation and binding dispute resolution for disputes among\n\ncompacting states. The costs of such mediation or dispute\n\nresolution shall be the responsibility of the parties to the\n\ndispute.\n\nC. Enforcement.\n\nIf the Interstate Commission determines that a member state has\n\ndefaulted in the performance of its obligations or responsibilities\nate Commission shall promulgate a rule providing\n\nfor both mediation and binding dispute resolution for disputes among\n\ncompacting states. The costs of such mediation or dispute\n\nresolution shall be the responsibility of the parties to the\n\ndispute.\n\nC. Enforcement.\n\nIf the Interstate Commission determines that a member state has\n\ndefaulted in the performance of its obligations or responsibilities\n\nunder this compact, its bylaws, or rules, the Interstate Commission\n\nmay:\n\n1. Provide remedial training and specific technical assistance;\n\n2. Provide written notice to the defaulting state and other\n\nmember state of the nature of the default and the means of curing\n\nthe default. The Interstate Commission shall specify the conditions\n\nby which the defaulting state must cure its default;\n\n3. By majority vote of the members, initiate against a\n\ndefaulting member state legal action in the United States District\n\nCourt for the District of Columbia or, at the discretion of the\n\nInterstate Commission, in the federal district where the Interstate\n\nCommission has its principal offices, to enforce compliance with the\n\nprovisions of the compact, its bylaws, or rules. The relief sought\n\nmay include both injunctive relief and damages. In the event\n\njudicial enforcement is necessary the prevailing party shall be\n\nawarded all costs of the litigation including reasonable attorney\n\nfees; or\n\n4. Avail itself of any other remedies available under state law\n\nor the regulation of official or professional conduct.\n\nARTICLE XIII. FINANCING OF THE COMMISSION\n\nA. The Interstate Commission shall pay or provide for the\n\npayment of the reasonable expenses of its establishment,\n\norganization, and ongoing activities.\n\nB. The Interstate Commission may levy on and collect an annual\n\nassessment from each member state to cover the cost of the\n\noperations and activities of the Interstate Commission and its staff\n\nwhich shall be in a total amount sufficient to cover the Interstate\n\nCommission’s annual budget as approved by its members each year.\n\nThe aggregate annual assessment amount shall be allocated based upon\n\na formula to be determined by the Interstate Commission which shall\n\npromulgate a rule binding upon all member states.\n\nC. The Interstate Commission shall not incur obligations of any\n\nkind prior to securing the funds adequate to meet the same; nor\n\nshall the Interstate Commission pledge the credit of any of the\n\nmember states, except by and with the authority of the member state.\n\nD. The Interstate Commission shall keep accurate accounts of\n\nall receipts and disbursements. The receipts and disbursements of\n\nthe Interstate Commission shall be subject to the audit and\n\naccounting procedures established under its bylaws. However, all\n\nreceipts and disbursements of funds handled by the Interstate\n\nCommission shall be audited yearly by a certified or licensed public\n\naccountant and the report of the audit shall be included in and\n\nbecome part of the annual report of the Interstate Commission.\n\nARTICLE XIV. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT\n\nA. Any state is eligible to become a member state.\n\nB. The compact shall become effective and binding upon\n\nlegislative enactment of the compact into law by no less than\n\nthirty-five states. The effective date shall be the later of July\n\n1, 2008, or upon enactment of the compact into law by the thirty-\n\nfifth state. Thereafter it shall become effective and binding as to\n\nany other member state upon enactment of the compact into law by\n\nthat state. The executive heads of the state human services\n\nadministration with ultimate responsibility for the child welfare\n\nprogram of nonmember states or their designees shall be invited to\n\nparticipate in the activities of the Interstate Commission on a\n\nnonvoting basis prior to adoption of the compact by all states.\n\nC. The Interstate Commission may propose amendments to the\nct into law by\n\nthat state. The executive heads of the state human services\n\nadministration with ultimate responsibility for the child welfare\n\nprogram of nonmember states or their designees shall be invited to\n\nparticipate in the activities of the Interstate Commission on a\n\nnonvoting basis prior to adoption of the compact by all states.\n\nC. The Interstate Commission may propose amendments to the\n\ncompact for enactment by the member states. No amendment shall\n\nbecome effective and binding on the member states unless and until\n\nit is enacted into law by unanimous consent of the member states.\n\nARTICLE XV. WITHDRAWAL AND DISSOLUTION\n\nA. Withdrawal.\n\n1. Once effective, the compact shall continue in force and\n\nremain binding upon each and every member state; provided, that a\n\nmember state may withdraw from the compact by specifically repealing\n\nthe statute which enacted the compact into law.\n\n2. Withdrawal from this compact shall be by the enactment of a\n\nstatute repealing the same. The effective date of withdrawal shall\n\nbe the effective date of the repeal of the statute.\n\n3. The withdrawing state shall immediately notify the president\n\nof the Interstate Commission in writing upon the introduction of\n\nlegislation repealing this compact in the withdrawing state. The\n\nInterstate Commission shall then notify the other member states of\n\nthe withdrawing state’s intent to withdraw.\n\n4. The withdrawing state is responsible for all assessments,\n\nobligations and liabilities incurred through the effective date of\n\nwithdrawal.\n\n5. Reinstatement following withdrawal of a member state shall\n\noccur upon the withdrawing state reenacting the compact or upon such\n\nlater date as determined by the members of the Interstate\n\nCommission.\n\nB. Dissolution of Compact.\n\n1. This compact shall dissolve effective upon the date of the\n\nwithdrawal or default of the member state which reduces the\n\nmembership in the compact to one member state.\n\n2. Upon the dissolution of this compact, the compact becomes\n\nnull and void and shall be of no further force or effect, and the\n\nbusiness and affairs of the Interstate Commission shall be concluded\n\nand surplus funds shall be distributed in accordance with the\n\nbylaws.\n\nARTICLE XVI. SEVERABILITY AND CONSTRUCTION\n\nA. The provisions of this compact shall be severable, and if\n\nany phrase, clause, sentence or provision is deemed unenforceable,\n\nthe remaining provisions of the compact shall be enforceable.\n\nB. The provisions of this compact shall be liberally construed\n\nto effectuate its purposes.\n\nC. Nothing in this compact shall be construed to prohibit the\n\nconcurrent applicability of other interstate compacts to which the\n\nstates are members.\n\nARTICLE XVII. BINDING EFFECT OF COMPACT AND OTHER LAWS\n\nA. Other Laws.\n\nNothing herein prevents the enforcement of any other law of a\n\nmember state that is not inconsistent with this compact.\n\nB. Binding Effect of the Compact.\n\n1. All lawful actions of the Interstate Commission, including\n\nall rules and bylaws promulgated by the Interstate Commission, are\n\nbinding upon the member states.\n\n2. All agreements between the Interstate Commission and the\n\nmember states are binding in accordance with their terms.\n\n3. In the event any provision of this compact exceeds the\n\nconstitutional limits imposed on the Legislature of any member\n\nstate, such provision shall be ineffective to the extent of the\n\nconflict with the constitutional provision in question in that\n\nmember state.\n\nARTICLE XVIII. INDIAN TRIBES\n\nNotwithstanding any other provision in this compact, the\n\nInterstate Commission may promulgate guidelines to permit Indian\n\ntribes to utilize the compact to achieve any or all of the purposes\n\nof the compact as specified in Article I. The Interstate Commission\n\nshall make reasonable efforts to consult with Indian tribes in\nprovision in question in that\n\nmember state.\n\nARTICLE XVIII. INDIAN TRIBES\n\nNotwithstanding any other provision in this compact, the\n\nInterstate Commission may promulgate guidelines to permit Indian\n\ntribes to utilize the compact to achieve any or all of the purposes\n\nof the compact as specified in Article I. The Interstate Commission\n\nshall make reasonable efforts to consult with Indian tribes in\n\npromulgating guidelines to reflect the diverse circumstances of the\n\nvarious Indian tribes.","path":["OK Code","Title 10"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"846dd5c840194b3deca80f055de46ce834a29bc23bc06e7fba42b73903341927","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10-10-557.9","next":"us-ok/okla.-stat.-tit.-10-10-58"},"notice":"GroundRules: Original legal text. Not legal advice."}