Okla. Stat. tit. 10, § 10-577

There is hereby created the Interstate Compact for the Placement

of Children. Pursuant to the terms and conditions of this compact,

the State of Oklahoma seeks to join with other member states, as

defined by this compact, in enacting this compact. This compact

shall become effective upon the enactment into law by thirty-five

states. Upon the effective date of this compact, this compact shall

replace the Interstate Compact on the Placement of Children codified

at Section 571 of Title 10 of the Oklahoma Statutes. The provisions

of the Interstate Compact for the Placement of Children are as

follows:

ARTICLE I. PURPOSE

The purpose of this compact is to:

1. Provide a process through which children subject to this

compact are placed in safe and suitable homes in a timely manner;

2. Facilitate ongoing supervision of a placement, the delivery

of services, and communication between the states;

3. Provide operating procedures that will ensure that children

are placed in safe and suitable homes in a timely manner;

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4. Provide for the promulgation and enforcement of

administrative rules implementing the provisions of this compact and

regulating the covered activities of the member states;

5. Provide for uniform data collection and information sharing

between member states under this compact;

6. Promote 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;

7. Provide 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; and

8. Provide 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:

1. “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;

2. “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;

3. “Child” means an individual who has not attained the age of

eighteen (18);

4. “Certification” means to attest, declare, or swear to before

a judge or notary public;

5. “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;

6. “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 documenting the preparation

and 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;

7. “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 at 43 U.S.C., Section 1602(c);

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8. “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;
us as Indians, including any Alaskan native

village as defined in Section 3(c) of the Alaska Native Claims

Settlement Act at 43 U.S.C., Section 1602(c);

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8. “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;

9. “Jurisdiction” means the power and authority of a court to

hear and decide matters;

10. “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 may be ordered

returned to the sending state or the state of residence of the birth

mother, 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;

11. “Member state” means a state that has enacted this compact;

12. “Noncustodial parent” means a person who, at the time of

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;

13. “Nonmember state” means a state which has not enacted this

compact;

14. “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;

15. “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;

16. “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;

17. “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

not to 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;

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18. “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 they act on

behalf of a state, county, municipality, or other governmental unit

and which facilitates, causes, or is involved in the placement of a

child from one state to another;

19. “Receiving state” means the state to which a child is sent,

brought, or caused to be sent or brought;

20. “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 they may be regarded as relatives

as determined by the court in the sending state;

21. “Residential facility” means a facility providing a level

of care that is sufficient to substitute for parental responsibility
hild 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 they may be regarded as relatives

as determined by the court in the sending state;

21. “Residential facility” means a facility providing a level

of care that is sufficient to substitute for parental responsibility

or foster care, and is beyond what is needed for assessment or

treatment of an acute condition. For purposes of the compact,

residential facilities do not include institutions primarily

educational in character, hospitals, or other medical facilities;

22. “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;

23. “Sending state” means the state from which the placement of

a child is initiated;

24. “Service member’s permanent duty station” means the

military installation where an active duty Armed Services member is

currently assigned and is physically located under competent orders

that do not specify the duty as temporary;

25. “Service member’s state of legal residence” means the state

in which the active duty Armed Services member is considered a

resident for tax and voting purposes;

26. “State” means a state of the United States, the District of

Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands,

Guam, American Samoa, the Northern Mariana Islands and any other

territory of the United States;

27. “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 eighteen (18); and

28. “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

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A. Except as otherwise provided in Article III, subsection B,

this compact shall apply to:

1. The 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;

2. The 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:

a. the child is being placed in a residential facility in

another member state and is not covered under another

compact, or

b. the 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; and

3. The interstate placement of any child by a public child-

placing agency or private child-placing agency as defined in this

compact as a preliminary step to a possible adoption.

B. The provisions of this compact shall not apply to:

1. The interstate placement of a child in a custody proceeding

in which a public child-placing agency is not a party, provided the

placement is not intended to effectuate an adoption;

2. The 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 the placement is not intended to effectuate an

adoption;
:

1. The interstate placement of a child in a custody proceeding

in which a public child-placing agency is not a party, provided the

placement is not intended to effectuate an adoption;

2. The 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 the placement is not intended to effectuate an

adoption;

3. The 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;

4. The placement of a child, not subject to Article III,

subsection A, into a residential facility by the child's parent;

5. The placement of a child with a noncustodial parent provided

that:

a. the noncustodial parent proves to the satisfaction of

a court in the sending state a substantial

relationship with the child,

b. the court in the sending state makes a written finding

that placement with the noncustodial parent is in the

best interests of the child, and

c. the court in the sending state dismisses its

jurisdiction over the child’s case;

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6. A 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;

7. Cases in which a U.S. citizen child living overseas with the

child's family, at least one of whom is in the U.S. Armed Services,

and who is stationed overseas, is removed and placed in a state; or

8. The 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.

C. For purposes of determining the applicability of this

compact to the placement of a child with a family in the 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.

D. Nothing 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

like rules to ensure the coordination of services, timely placement

of children, and the reduction of unnecessary or duplicative

administrative or procedural requirements.

ARTICLE IV. JURISDICTION

A. Except as provided in Article IV, subsection G and Article

V, subsection B, paragraphs 2 and 3 concerning private and

independent adoption 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.

B. When 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.

C. In accordance with its own laws, the court in the sending

state shall have authority to terminate its jurisdiction if:

1. The 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;

2. The child is adopted;

3. The child reaches the age of majority under the laws of the

sending state;

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ate its jurisdiction if:

1. The 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;

2. The child is adopted;

3. The child reaches the age of majority under the laws of the

sending state;

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4. The child achieves legal independence pursuant to the laws

of the sending state;

5. A guardianship is created by a court in the receiving state

with the concurrence of the court in the sending state;

6. An Indian tribe has petitioned for and received jurisdiction

from the court in the sending state; or

7. The 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.

D. When a sending state court terminates its jurisdiction, the

receiving state child-placing agency shall be notified.

E. Nothing 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.

F. Nothing in this article shall limit the receiving state’s

ability to take emergency jurisdiction for the protection of the

child.

G. The 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:

1. When the child is a ward of another court that established

jurisdiction over the child prior to the placement;

2. When the child is in the legal custody of a public agency in

the sending state; or

3. When 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.

H. A 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

A. Prior 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.

B. For 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 agency. The required

content to accompany a request for approval shall include the

following:

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1. A request for approval identifying the child, birth

parent(s), the prospective adoptive parent(s), and the supervising

agency, signed by the person requesting approval;

2. The 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;

3. Certification 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;

4. A home study; and

5. An acknowledgment of legal risk signed by the prospective

adoptive parents.

C. The 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
sending state, or where

permitted the laws of the state where finalization of the adoption

will occur;

4. A home study; and

5. An acknowledgment of legal risk signed by the prospective

adoptive parents.

C. The 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.

D. Approval 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.

E. The procedures for making and the request for an assessment

shall contain all information and be in such form as provided for in

the rules of the Interstate Commission.

F. Upon 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.

G. The 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.

H. The 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 time frames established by

the rules of the Interstate Commission.

I. For 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.

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J. The Interstate Commission may develop uniform standards for

the assessment of the safety and suitability of interstate

placements.

ARTICLE VI. PLACEMENT AUTHORITY

A. Except as provided in this compact, no child subject to this

compact shall be placed into a receiving state until approval for

the placement is obtained.

B. If 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.

C. If the proposed placement is not approved, any interested

party shall have standing to seek an administrative review of the

receiving state’s determination.

1. The administrative review and any further judicial review

associated with the determination shall be conducted in the

receiving state pursuant to its applicable administrative

procedures.

2. If a determination not to approve the placement of a 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

A. For the interstate placement of a child made by a public

child-placing agency or state court:

1. The public child-placing agency in the sending state shall

have financial responsibility for:

a. the ongoing support and maintenance for the child

during the period of the placement, unless otherwise

provided for in the receiving state, and

b. as determined by the public child-placing agency in
For the interstate placement of a child made by a public

child-placing agency or state court:

1. The public child-placing agency in the sending state shall

have financial responsibility for:

a. the ongoing support and maintenance for the child

during the period of the placement, unless otherwise

provided for in the receiving state, and

b. as 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;

2. The receiving state shall only have financial responsibility

for:

a. any assessment conducted by the receiving state, and

b. supervision 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 state; and

3. Nothing in this provision shall prohibit public child-

placing agencies in the sending state from entering into agreements

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with licensed agencies or persons in the receiving state to conduct

assessments and provide supervision.

B. For the placement of a child by a private child-placing

agency preliminary to a possible adoption, the private child-placing

agency shall be:

1. Legally 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; and

2. Financially responsible for the child absent a contractual

agreement to the contrary.

C. The public child-placing agency in the receiving state shall

provide timely assessments, as provided for in the rules of the

Interstate Commission.

D. The 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.

E. Nothing in this compact shall be construed as 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.

F. Each 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.

G. Each 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.

H. The 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.

I. With 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:

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1. Be 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;

2. Consist of one commissioner from each member state who shall
ate Commission shall:

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1. Be 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;

2. Consist 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.

a. Each member state represented at a meeting of the

Interstate Commission is entitled to one vote.

b. A 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.

c. A representative shall not delegate a vote to another

member state.

d. A representative may delegate voting authority to

another person from their state for a specified

meeting;

3. In addition to the commissioners of each member state,

include 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; and

4. Establish 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:

1. To promulgate rules and take all necessary actions to effect

the goals, purposes, and obligations as enumerated in this compact;

2. To provide for dispute resolution among member states;

3. To issue, upon request of a member state, advisory opinions

concerning the meaning or interpretation of the interstate compact,

its bylaws, rules, or actions;

4. To enforce compliance with this compact or the bylaws or

rules of the Interstate Commission pursuant to Article XII;

5. To collect 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;

6. To establish and maintain offices as may be necessary for

the transacting of its business;

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7. To purchase and maintain insurance and bonds;

8. To 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;

9. To establish and appoint committees and officers including,

but not limited to, an executive committee as required by Article X;

10. To accept any and all donations and grants of money,

equipment, supplies, materials, and services, and to receive,

utilize, and dispose thereof;

11. To lease, purchase, accept contributions or donations of,

or otherwise to own, hold, improve, or use any property, real,

personal, or mixed;

12. To sell, convey, mortgage, pledge, lease, exchange,

abandon, or otherwise dispose of any property, real, personal, or

mixed;

13. To establish a budget and make expenditures;

14. To adopt a seal and bylaws governing the management and

operation of the Interstate Commission;

15. To report annually to the Legislatures, Governors, the

judiciary, and 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;
seal and bylaws governing the management and

operation of the Interstate Commission;

15. To report annually to the Legislatures, Governors, the

judiciary, and 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;

16. To coordinate and provide education, training, and public

awareness regarding the interstate movement of children for

officials involved in such activity;

17. To maintain books and records in accordance with the bylaws

of the Interstate Commission; and

18. To 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

A. Bylaws.

1. Within twelve (12) months after the first Interstate

Commission meeting, the Interstate Commission shall adopt bylaws to

govern its conduct as may be necessary or appropriate to carry out

the purposes of the compact.

2. The bylaws and rules of the Interstate Commission 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. The Interstate Commission

may exempt from disclosure information or official records to the

extent they would adversely affect personal privacy rights or

proprietary interests.

B. Meetings.

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1. The 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.

2. Public notice shall be given by the Interstate Commission of

all meetings and all meetings shall be open to the public, except as

set forth in the rules or as otherwise provided in the compact. The

Interstate Commission and its committees may close a meeting, or

portion thereof, where it determines by two-thirds (2/3) vote that

an open meeting would be likely to:

a. relate solely to the Interstate Commission’s internal

personnel practices and procedures,

b. disclose matters specifically exempted from disclosure

by federal law,

c. disclose financial or commercial information which is

privileged, proprietary, or confidential in nature,

d. involve accusing a person of a crime, or formally

censuring a person,

e. disclose information of a personal nature where

disclosure would constitute a clearly unwarranted

invasion of personal privacy or physically endanger

one or more persons,

f. disclose investigative records compiled for law

enforcement purposes, or

g. specifically relate to the Interstate Commission’s

participation in a civil action or other legal

proceeding.

3. For a meeting, or portion of a meeting, closed pursuant to

this provision, the Interstate Commission’s legal counsel or

designee shall certify that the meeting may be closed and shall

reference each relevant exemption provision. The Interstate

Commission shall keep minutes which shall fully and clearly describe

all matters discussed in a meeting and shall provide a full and

accurate summary of actions taken and the reasons therefor,

including a description of the views expressed and the record of a

roll-call vote. All documents considered in connection with an

action shall be identified in such minutes. All minutes and

documents of a closed meeting shall remain under seal, subject to

release by a majority vote of the Interstate Commission or by court

order.

4. The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or other electronic

communication.

C. Officers and Staff.

1. The Interstate Commission may, through its executive

committee, appoint or retain a staff director for such period, upon
remain under seal, subject to

release by a majority vote of the Interstate Commission or by court

order.

4. The bylaws may provide for meetings of the Interstate

Commission to be conducted by telecommunication or other electronic

communication.

C. Officers and Staff.

1. The 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

Oklahoma Statutes - Title 10. Children Page 136

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.

2. The 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.

D. Qualified Immunity, Defense and Indemnification.

The 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 Commission employment,

duties, or responsibilities; provided, 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.

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.

2. The 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 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.

3. To the extent not covered by the state involved, member

state, or the Interstate Commission, the representatives or

employees of the Interstate Commission shall be held harmless in the

Oklahoma Statutes - Title 10. Children Page 137

amount of a settlement or judgment, including attorney 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 that the actual or alleged act, error, or
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 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

A. The Interstate Commission shall promulgate and publish rules

in order to effectively and efficiently achieve the purposes of the

compact.

B. Rulemaking 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 and

consistent with due process requirements under the United States

Constitution as now or hereafter interpreted by the U.S. 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.

C. When promulgating a rule, the Interstate Commission shall,

at a minimum:

1. Publish the entire text of the proposed rule stating the

reason(s) for that proposed rule;

2. Allow and invite any and all persons to submit written data,

facts, opinions, and arguments, which information shall be added to

the record and be made publicly available; and

3. Promulgate a final rule and its effective date, if

appropriate, based on input from state or local officials, or

interested parties.

D. Rules 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.

E. Not later than sixty (60) days after a rule is promulgated,

an interested person may file a petition in the U.S. 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 action of the

Interstate Commission is not supported by substantial evidence in

the rulemaking record, the court shall hold the rule unlawful and

set it aside.

Oklahoma Statutes - Title 10. Children Page 138

F. If 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

rule to have no further force and effect in any member state.

G. The 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 twelve (12), but no more than twenty-four
s

rejects a rule, those states may by enactment of a statute or

resolution in the same manner used to adopt the compact cause that

rule to have no further force and effect in any member state.

G. The 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 twelve (12), but no more than twenty-four

(24) months after the first meeting of the Interstate Commission

created hereunder, as determined by the members during the first

meeting.

H. Within the first twelve (12) months of operation, the

Interstate Commission shall promulgate rules addressing the

following:

1. Transition rules;

2. Forms and procedures;

3. Time lines;

4. Data collection and reporting;

5. Rulemaking;

6. Visitation;

7. Progress reports/supervision;

8. Sharing of information/confidentiality;

9. Financing of the Interstate Commission;

10. Mediation, arbitration, and dispute resolution;

11. Education, training, and technical assistance;

12. Enforcement; and

13. Coordination with other interstate compacts.

I. 1. Upon determination by a majority of the members of the

Interstate Commission that an emergency exists the Interstate

Commission may promulgate an emergency rule only if it is required

to:

a. protect the children covered by this compact from an

imminent threat to their health, safety and well-

being,

b. prevent loss of federal or state funds, or

c. meet a deadline for the promulgation of an

administrative rule required by federal law.

2. An emergency rule shall become effective immediately upon

adoption; provided, that the usual rulemaking procedures provided

hereunder shall be retroactively applied to said rule as soon as

reasonably possible, but no later than ninety (90) days after the

effective date of the emergency rule.

3. An emergency rule shall be promulgated as provided for in

the rules of the Interstate Commission.

ARTICLE XII. OVERSIGHT, DISPUTE RESOLUTION, ENFORCEMENT

A. Oversight.

1. The Interstate Commission shall oversee the administration

and operation of the compact.

Oklahoma Statutes - Title 10. Children Page 139

2. The 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 purposes and intent of

the compact. The compact and its rules shall be binding in the

compacting states to the extent and in the manner provided for in

this compact.

3. All 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.

4. The 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 the

Interstate Commission, this compact, its bylaws or rules of the

Interstate Commission.

B. Dispute Resolution.

1. The 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.

2. The 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.

C. Enforcement.

If the Interstate Commission determines that a member state has

defaulted in the performance of its obligations or responsibilities
ate 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.

C. Enforcement.

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, the Interstate Commission

may:

1. Provide remedial training and specific technical assistance;

2. Provide written notice to the defaulting state and other

member state 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;

3. By 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 offices, to enforce compliance with the

provisions of the compact, its bylaws, or rules. The relief sought

may include both injunctive relief and damages. In the event

judicial enforcement is necessary the prevailing party shall be

Oklahoma Statutes - Title 10. Children Page 140

awarded all costs of the litigation including reasonable attorney

fees; or

4. Avail itself of any other remedies available under state law

or the regulation of official or professional conduct.

ARTICLE XIII. FINANCING OF THE COMMISSION

A. The Interstate Commission shall pay or provide for the

payment of the reasonable expenses of its establishment,

organization, and ongoing activities.

B. The 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 shall 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.

C. The Interstate Commission shall not incur obligations of any

kind prior to securing the funds adequate to meet the same; nor

shall the Interstate Commission pledge the credit of any of the

member states, except by and with the authority of the member state.

D. The 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

A. Any state is eligible to become a member state.

B. The compact shall become effective and binding upon

legislative enactment of the compact into law by no less than

thirty-five states. The effective date shall be the later of July

1, 2008, 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.

C. The Interstate Commission may propose amendments to the
ct 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.

C. The 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

A. Withdrawal.

Oklahoma Statutes - Title 10. Children Page 141

1. Once 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.

2. Withdrawal from this compact shall be by the enactment of a

statute repealing the same. The effective date of withdrawal shall

be the effective date of the repeal of the statute.

3. The 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.

4. The withdrawing state is responsible for all assessments,

obligations and liabilities incurred through the effective date of

withdrawal.

5. Reinstatement 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.

B. Dissolution of Compact.

1. This 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.

2. Upon 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

A. The 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.

B. The provisions of this compact shall be liberally construed

to effectuate its purposes.

C. Nothing 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

A. Other Laws.

Nothing herein prevents the enforcement of any other law of a

member state that is not inconsistent with this compact.

B. Binding Effect of the Compact.

1. All lawful actions of the Interstate Commission, including

all rules and bylaws promulgated by the Interstate Commission, are

binding upon the member states.

2. All agreements between the Interstate Commission and the

member states are binding in accordance with their terms.

Oklahoma Statutes - Title 10. Children Page 142

3. In the event any provision of this compact exceeds the

constitutional limits imposed on the Legislature 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
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.