N.D. Cent. Code § 14-13-01 Establishment of interstate compact - Text
14-13-01. Establishment of interstate compact - Text
The Interstate Compact on the Placement of Children is hereby enacted into law and
entered into with all other jurisdictions legally joining therein in form substantially as follows:
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:
1. 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.
2. 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.
3. 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.
4. Appropriate jurisdictional arrangements for the care of children will be promoted.
ARTICLE II - DEFINITIONS
As used in this compact:
1. "Child" means a person who, by reason of minority, is legally subject to parental,
guardianship, or similar control.
2. "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.
3. "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.
4. "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.
ARTICLE III - CONDITIONS FOR PLACEMENT
1. No sending agency may 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 complies 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.
2. 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 must contain:
a. The name, date, and place of birth of the child.
b. The identity and address or addresses of the parents or legal guardian.
c. 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.
d. 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.
3. Any public officer or agency in a receiving state which is in receipt of a notice pursuant
to paragraph 2 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 is 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.
4. The child may 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 constitutes 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 constitutes 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
1. 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 also includes the power to effect or cause the return of the child or its
transfer to another location and custody pursuant to law. The sending agency shall
continue to have financial responsibility for support and maintenance of the child
during the period of the placement. Nothing contained herein may defeat a claim of
jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime
committed therein.
2. 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.
3. Nothing in this compact may 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 1 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 may be made unless the child is given a court
hearing on notice to the parent or guardian with opportunity to be heard, prior to the child 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
must be general coordinator of activities under this compact in the officer's 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 does not apply to:
1. The sending or bringing of a child into a receiving state by the child's parent,
stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child's
guardian and leaving the child with any such relative or nonagency guardian in the
receiving state.
2. 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 is 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 becomes effective with respect to any
such jurisdiction when such jurisdiction has enacted the same into law. Withdrawal from this
compact must be by the enactment of a statute repealing the same, but does not take effect
until two years after the effective date of such statute and until written notice of the withdrawal
has been given by the withdrawing state to the governor of each other party jurisdiction.
Withdrawal of a party state does 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 must be liberally construed to effectuate the purposes
thereof. The provisions of this compact are 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 is not affected thereby. If this compact is held
contrary to the constitution of any state party thereto, the compact must remain in full force and
effect as to the remaining states and in full force as to the state affected as to all severable
matters.