Idaho State Statutes - Idaho Attorney Directory

The governor is hereby 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 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 the child's 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 herein.
(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, stepparent, grandparent, adult brother or sister, adult uncle or aunt,
or his guardian and leaving the child with any such relative or nonagency
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 (2) 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 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.

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