§ 374-a. Interstate compact on the placement of children. 1. The
interstate compact on the placement of children is hereby enacted into
law and entered into with all other jurisdictions legally joining
therein in form substantially as follows:

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN

ARTICLE I. PURPOSE AND POLICY

It is the purpose and policy of the party states to cooperate with
each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum
opportunity to be placed in a suitable environment and with persons or
institutions having appropriate qualifications and facilities to provide
a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be
placed may have full opportunity to ascertain the circumstances of the
proposed placement, thereby promoting full compliance with applicable
requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is
made may obtain the most complete information on the basis of which to
evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children
will be promoted.

ARTICLE II. DEFINITIONS

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally
subject to parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof;
a subdivision of a party state, or officer or employee thereof; a court
of a party state; a person, corporation, association, charitable agency
or other entity which sends, brings, or causes to be sent or brought any
child to another party state.

(c) "Receiving state" means the state to which a child is sent,
brought, or caused to be sent or brought, whether by public authorities
or private persons or agencies, and whether for placement with state or
local public authorities or for placement with private agencies or
persons.

(d) "Placement" means the arrangement for the care of a child in a
family free or boarding home or in a child-caring agency or institution
but does not include any institution caring for the mentally ill,
mentally defective or epileptic or any institution primarily educational
in character, and any hospital or other medical facility.

ARTICLE III. CONDITIONS FOR PLACEMENT

(a) No sending agency shall send, bring, or cause to be sent or
brought into any other party state any child for placement in foster
care or as a preliminary to a possible adoption unless the sending
agency shall comply with each and every requirement set forth in this
article and with the applicable laws of the receiving state governing
the placement of children therein.

(b) Prior to sending, bringing or causing any child to be sent or
brought into a receiving state for placement in foster care or as a
preliminary to a possible adoption, the sending agency shall furnish the
appropriate public authorities in the receiving state written notice of
the intention to send, bring, or place the child in the receiving state.
The notice shall contain:

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

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

(3) The name and address of the person, agency or institution to or
with which the sending agency proposes to send, bring, or place the
child.

(4) A full statement of the reasons for such proposed action and
evidence of the authority pursuant to which the placement is proposed to
be made.

(c) Any public officer or agency in a receiving state which is in
receipt of a notice pursuant to paragraph (b) of this article may
request of the sending agency, or any other appropriate officer or
agency of or in the sending agency's state, and shall be entitled to
receive therefrom, such supporting or additional information as it may
deem necessary under the circumstances to carry out the purpose and
policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or
brought into the receiving state until the appropriate public
authorities in the receiving state shall notify the sending agency, in
writing, to the effect that the proposed placement does not appear to be
contrary to the interests of the child.

ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT

The sending, bringing, or causing to be sent or brought into any
receiving state of a child in violation of the terms of this compact
shall constitute a violation of the laws respecting the placement of
children of both the state in which the sending agency is located or
from which it sends or brings the child and of the receiving state.
Such violation may be punished or subjected to penalty in either
jurisdiction in accordance with its laws. In addition to liability for
any such punishment or penalty, any such violation shall constitute full
and sufficient grounds for the suspension or revocation of any license,
permit, or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children.

ARTICLE V. RETENTION OF JURISDICTION

(a) The sending agency shall retain jurisdiction over the child
sufficient to determine all matters in relation to the custody,
supervision, care, treatment and disposition of the child which it would
have had if the child had remained in the sending agency's state, until
the child is adopted, reaches majority, becomes self-supporting or is
discharged with the concurrence of the appropriate authority in the
receiving state. Such jurisdiction shall also include the power to
effect or cause the return of the child or its transfer to another
location and custody pursuant to law. The sending agency shall continue
to have financial responsibility for support and maintenance of the
child during the period of the placement. Nothing contained herein shall
defeat a claim of jurisdiction by a receiving state sufficient to deal
with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an
agreement with an authorized public or private agency in the receiving
state providing for the performance of one or more services in respect
of such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private
charitable agency authorized to place children in the receiving state
from performing services or acting as agent in that state for a private
charitable agency of the sending state; nor to prevent the agency in the
receiving state from discharging financial responsibility for the
support and maintenance of a child who has been placed on behalf of the
sending agency without relieving the responsibility set forth in
paragraph (a) hereof.

ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN

A child adjudicated delinquent may be placed in an institution in
another party jurisdiction pursuant to this compact, but no such
placement shall be made unless the child is given a court hearing on
notice to the parent or guardian with opportunity to be heard, prior to
his being sent to such other party jurisdiction for institutional care
and the court finds that:

1. Equivalent facilities for the child are not available in the
sending agency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best
interest of the child and will not produce undue hardship.

ARTICLE VII. COMPACT ADMINISTRATOR

The executive head of each jurisdiction party to this compact shall
designate an officer who shall be general coordinator of activities
under this compact in his jurisdiction and who, acting jointly with like
officers of other party jurisdictions, shall have power to promulgate
rules and regulations to carry out more effectively the terms and
provisions of this compact.

ARTICLE VIII. LIMITATIONS

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his
parent, step-parent, grandparent, adult brother or sister, adult uncle
or aunt, or his guardian and leaving the child with any such relative or
non-agency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving
state pursuant to any other interstate compact to which both the state
from which the child is sent or brought and the receiving state are
party, or to any other agreement between said states which has the force
of law.

ARTICLE IX. ENACTMENT AND WITHDRAWAL

This compact shall be open to joinder by any state, territory or
possession of the United States, the district of Columbia, the
commonwealth of Puerto Rico, and, with the consent of congress, the
government of Canada or any province thereof. It shall become effective
with respect to any such jurisdiction when such jurisdiction has enacted
the same into law. Withdrawal from this compact shall be by the
enactment of a statute repealing the same, but shall not take effect
until two years after the effective date of such statute and until
written notice of the withdrawal has been given by the withdrawing state
to the governor of each other party jurisdiction. Withdrawal of a party
state shall not affect the rights, duties and obligations under this
compact of any sending agency therein with respect to a placement made
prior to the effective date of withdrawal.

ARTICLE X. CONSTRUCTION AND SEVERABILITY

The provisions of this compact shall be liberally construed to
effectuate the purposes thereof. The provisions of this compact shall be
severable and if any phrase, clause, sentence or provision of this
compact is declared to be contrary to the constitution of any party
state or of the United States or the applicability thereof to any
government, agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof to any
other government, agency, person or circumstance shall not be affected
thereby. If this compact shall be held contrary to the constitution of
any state party thereto, the compact shall remain in full force and
effect as to the remaining states and in full force and effect as to the
state affected as to all severable matters.

2. Any requirement of this state for a license, permit, or the posting
of a bond to entitle an agency to place children shall not apply to a
public sending agency (within the meaning of the interstate compact on
the placement of children) of or in another state party to said compact.

3. Financial responsibility for any child placed pursuant to the
provisions of the interstate compact for the placement of children shall
be determined in accordance with the provisions of article five thereof
in the first instance. However, in the event of partial or complete
default of performance thereunder, the provisions of section three
hundred eighty-two of this chapter with respect to such responsibility
also may be invoked.

4. The "appropriate public authorities" as used in article three of
the interstate compact on the placement of children shall, with
reference to New York, mean the department of social services, except
that, with respect to the placement of children "adjudicated
delinquent", as that phrase is used in article six thereof, who are to
be placed in a facility operated or supervised by the division for
youth, shall mean the division for youth, and said department and
division shall receive and act with reference to notices required by
said article three.

5. As used in paragraph (a) of article five of the interstate compact
on the placement of children the phrase "appropriate authority in the
receiving state" with reference to New York state shall mean the
commissioner of social services of the social services district in which
the child may be at the time of discharge, and, with respect to children
"adjudicated delinquent", as that phrase is used in article six thereof,
who are to be discharged from a facility operated or supervised by the
division for youth, shall mean the division for youth.

6. The officers and agencies of this state and its subdivisions having
authority to place children are hereby empowered to enter into
agreements with appropriate officers or agencies of or in other party
states pursuant to paragraph (b) of article five of the interstate
compact on the placement of children. Any such agreement which contains
a financial commitment or imposes a financial obligation on this state
or subdivision or agency thereof shall not be binding unless it has the
approval in writing of the comptroller in the case of the state and of
the chief local fiscal officer in the case of a subdivision of the
state.

7. Any requirements for visitation, inspection or supervision of
children, homes, institutions or other agencies in another party state
which may apply under sections three hundred eighty-two, three hundred
eighty-six or three hundred ninety-eight of this chapter shall be deemed
to be met if performed pursuant to an agreement entered into by
appropriate officers or agencies of this state or a subdivision thereof
as contemplated by paragraph (b) of article five of the interstate
compact on the placement of children.

8. Neither the prohibition of, nor the limitations on out of state
placement of children contained in sections three hundred seventy-four
and three hundred ninety-eight of this chapter shall apply to placements
made pursuant to the interstate compact on the placement of children.

9. Any court having jurisdiction to place delinquent children may
place such a child in an institution of or in another state pursuant to
article six of the interstate compact on the placement of children and
shall retain jurisdiction as provided in article five thereof.

10. As used in article seven of the interstate compact on the
placement of children, the term "executive head" means the governor. The
governor is hereby authorized to appoint a compact administrator in
accordance with the terms of said article seven.

11. (a) In addition to the conditions for placement set forth in
subdivision one of this section, the sending agency shall, in the case
of a placement preliminary to a possible adoption, submit to the compact
administrator a full statement setting forth all fees, including the
categories of such fees, paid and to be paid by the adoptive parent to
any agency or person in exchange for the adoptive placement.

(b) The compact administrator shall not approve a proposed placement
where such placement violates subdivision six of section three hundred
seventy-four of this chapter.

12. Placement of a child in this state in violation of subdivision one
of this section by an out of state sending agency shall, in addition to
any other remedy or sanction imposed by law, subject the agency
violating such provision to a civil action for money damages including
fees, compensation and other remuneration paid by any person on account
of or incident to the placement of a child in violation of such
provision.

Placement of a child by an out of state sending agency in violation of
such provision shall subject such agency to the exercise of personal
jurisdiction over such agency by a court pursuant to subparagraph (i) of
paragraph three of subdivision (a) of section three hundred two of the
civil practice law and rules.