By: Moncrief S.B. No. 169
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the interstate placement of and assistance to children;
1-2 creating offenses and providing penalties.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 45, Human Resources Code, is amended to
1-5 read as follows:
1-6 CHAPTER 45. INTERSTATE PLACEMENT OF CHILDREN
1-7 SUBCHAPTER A. INTERSTATE COMPACT ON ADOPTION AND MEDICAL
1-8 ASSISTANCE <PLACEMENT OF CHILDREN FROM ANOTHER STATE>
1-9 Section
1-10 45.001. Adoption of Compact; Text <Definitions>
1-11 45.002. Authority of the Department of Protective and Regulatory
1-12 Services <Required Notice of Intention to Place a Child>
1-13 45.003. Compact Administration <Responsibilities of Sending
1-14 Agency>
1-15 45.004. Supplementary Agreements <Delinquent Child>
1-16 45.005. Payments by State <Private Charitable Agencies>
1-17 45.006. Penalties <Exemptions>
1-18 <45.007. Penalties>
1-19 (Sections 45.007<45.008>-45.020 reserved for expansion)
1-20 SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
1-21 45.021. Adoption of Compact; Text
1-22 45.022. Compact Authority <Definitions>
1-23 45.023. Financial Responsibility for Child
2-1 45.024. Approval of Placement <or Discharge>
2-2 45.025. Placement in Another State
2-3 45.026. Penalties <Compact Administrator>
2-4 <45.028. Notice of Meetings>
2-5 SUBCHAPTER A. INTERSTATE COMPACT ON ADOPTION AND MEDICAL
2-6 ASSISTANCE <PLACEMENT OF CHILDREN FROM ANOTHER STATE>
2-7 Sec. 45.001. ADOPTION OF COMPACT; TEXT. The Interstate
2-8 Compact on Adoption and Medical Assistance is adopted by this state
2-9 and entered into with all other jurisdictions joining therein in
2-10 form substantially as provided under this subchapter.
2-11 INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
2-12 ARTICLE I. FINDINGS
2-13 The legislature finds that:
2-14 (a) Finding adoptive families for children for whom state
2-15 assistance is desirable, pursuant to Chapter 47, Human Resources
2-16 Code, and assuring the protection of the interest of the children
2-17 affected during the entire assistance period require special
2-18 measures when the adoptive parents move to other states or are
2-19 residents of another state.
2-20 (b) The provision of medical and other necessary services
2-21 for children, with state assistance, encounters special
2-22 difficulties when the provision of services takes place in other
2-23 states.
2-24 ARTICLE II. PURPOSES
2-25 The purpose of the compact is to:
3-1 (a) authorize the state Department of Protective and
3-2 Regulatory Services, with the concurrence of the Health and Human
3-3 Services Commission, to enter into interstate agreements with
3-4 agencies of other states for the protection of children on behalf
3-5 of whom adoption assistance is being provided by the Department of
3-6 Protective and Regulatory Services; and
3-7 (b) provide procedures for interstate children's adoption
3-8 assistance payments, including medical payments.
3-9 ARTICLE III. DEFINITIONS
3-10 As used in this compact:
3-11 (a) "State" means a state of the United States, the District
3-12 of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
3-13 Guam, the Commonwealth of the Northern Mariana Islands, or a
3-14 territory or possession of or administered by the United States.
3-15 (b) "Adoption assistance state" means the state that is
3-16 signatory to an adoption assistance agreement in a particular case.
3-17 (c) "Residence state" means the state of which the child is
3-18 a resident by virtue of the residence of the adoptive parents.
3-19 ARTICLE IV. COMPACTS AUTHORIZED
3-20 (a) The Department of Protective and Regulatory Services, by
3-21 and through its executive director, is authorized to develop,
3-22 participate in the development of, negotiate, and enter into one or
3-23 more interstate compacts on behalf of this state with other states
3-24 to implement one or more of the purposes set forth in this compact.
3-25 When so entered into and for so long as it shall remain in force,
4-1 such a compact shall have the force and effect of law.
4-2 ARTICLE V. CONTENTS OF COMPACTS
4-3 A compact entered into pursuant to the authority conferred by
4-4 this compact shall have the following content:
4-5 (1) a provision making it available for joinder by all
4-6 states;
4-7 (2) a provision or provisions for withdrawal from the
4-8 compact upon written notice to the parties, but with a period of
4-9 one year between the date of the notice and the effective date of
4-10 the withdrawal;
4-11 (3) a requirement that the protections afforded by or
4-12 pursuant to the compact continue in force for the duration of the
4-13 adoption assistance and be applicable to all children and their
4-14 adoptive parents who on the effective date of the withdrawal are
4-15 receiving adoption assistance from a party state other than the one
4-16 in which they are resident and have their principal place of abode;
4-17 (4) a requirement that each instance of adoption
4-18 assistance to which the compact applies be covered by an adoption
4-19 assistance agreement in writing between the adoptive parents and
4-20 the state child welfare agency of the state which undertakes to
4-21 provide the adoption assistance and further that any such agreement
4-22 be expressly for the benefit of the adopted child and enforceable
4-23 by the adoptive parents and the state agency providing the adoption
4-24 assistance; and
4-25 (5) such other provisions as may be appropriate to
5-1 implement the proper administration of the compact.
5-2 ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
5-3 A compact entered into pursuant to the authority conferred by
5-4 this compact may contain provisions, in addition to those required
5-5 pursuant to Article V of this compact, as follows:
5-6 (1) provisions establishing procedures and entitlement
5-7 to medical, developmental, child care, or other social services for
5-8 the child in accordance with applicable laws, even though the child
5-9 and the adoptive parents are in a state other than the one
5-10 responsible for or providing the services or the funds to defray
5-11 part or all of the costs thereof; and
5-12 (2) such other provisions as may be appropriate or
5-13 incidental to the proper administration of the compact.
5-14 ARTICLE VII. MEDICAL ASSISTANCE
5-15 (a) A child with special needs resident in this state who is
5-16 the subject of an adoption assistance agreement with another state
5-17 shall be entitled to receive a medical assistance identification
5-18 from this state upon the filing in the state medical assistance
5-19 agency of a certified copy of the adoption assistance agreement
5-20 obtained from the adoption assistance state. In accordance with
5-21 regulations of the state medical assistance agency, the adoptive
5-22 parents shall be required at least annually to show that the
5-23 agreement is still in force or has been renewed.
5-24 (b) The state medical assistance agency shall consider the
5-25 holder of a medical assistance identification pursuant to this
6-1 section as any other holder of a medical assistance identification
6-2 under the laws of this state and shall process and make payment on
6-3 claims on account of such holder in the same manner and pursuant to
6-4 the same conditions and procedures as for other recipients of
6-5 medical assistance.
6-6 (c) The state medical assistance agency shall provide
6-7 coverage and benefits for a child who is in another state and who
6-8 is covered by an adoption assistance agreement made by the
6-9 Department of Protective and Regulatory Services for the coverage
6-10 or benefits, if any, not provided by the residence state. To this
6-11 end, the adoptive parents acting for the child may submit evidence
6-12 of payment for services or benefit amounts not payable in the
6-13 residence state and shall be reimbursed therefor. However, there
6-14 shall be no reimbursement for services or benefit amounts covered
6-15 under any insurance or other third-party medical contract or
6-16 arrangement held by the child or the adoptive parents. The state
6-17 medical assistance agency shall make regulations implementing this
6-18 subsection. The additional coverage and benefit amounts provided
6-19 pursuant to this subsection shall be for services for which there
6-20 is no federal contribution or services which, if federally aided,
6-21 are not provided by the residence state. Such regulations shall
6-22 include procedures to be followed in obtaining prior approval for
6-23 services in those instances in which prior approval is required for
6-24 the assistance.
6-25 (d) The submission of any claim for payment or reimbursement
7-1 for services or benefits pursuant to this article or the making of
7-2 any statement in connection therewith, which claim or statement the
7-3 maker knows or should know to be false, misleading, or fraudulent
7-4 shall be punishable as perjury and shall also subject the maker to
7-5 a fine not to exceed $10,000 or imprisonment for no more than two
7-6 years, or both.
7-7 (e) The provisions of this article apply only to medical
7-8 assistance for children under adoption assistance agreements from
7-9 states that have entered into a compact with this state under which
7-10 the other state provides medical assistance to children with
7-11 special needs under adoption assistance agreements made by this
7-12 state. All other children entitled to medical assistance pursuant
7-13 to adoption assistance agreements entered into by this state shall
7-14 be eligible to receive it in accordance with the laws and
7-15 procedures applicable thereto.
7-16 ARTICLE VIII. FEDERAL PARTICIPATION
7-17 Consistent with federal law, the Department of Protective and
7-18 Regulatory Services and the Health and Human Services Commission,
7-19 in connection with the administration of this compact and any
7-20 compact pursuant hereto, shall include in any state plan made
7-21 pursuant to the Adoption Assistance and Child Welfare Act of 1980
7-22 (Pub. L. No. 96-272), Titles IV-E and XIX of the Social Security
7-23 Act, and any other applicable federal laws, the provision of
7-24 adoption assistance and medical assistance for which the federal
7-25 government pays some or all of the cost. The Department of
8-1 Protective and Regulatory Services and the Health and Human
8-2 Services Commission shall apply for and administer all relevant
8-3 federal aid in accordance with law.
8-4 Sec. 45.002. AUTHORITY OF THE DEPARTMENT OF PROTECTIVE AND
8-5 REGULATORY SERVICES. The Department of Protective and Regulatory
8-6 Services, with the concurrence of the Health and Human Services
8-7 Commission, is authorized to develop, participate in the
8-8 development of, negotiate, and enter into one or more interstate
8-9 compacts on behalf of this state with other states to implement one
8-10 or more of the purposes of this subchapter. When so entered into
8-11 and for so long as it shall remain in force, such a compact shall
8-12 have the force and effect of law.
8-13 Sec. 45.003. COMPACT ADMINISTRATION. The executive director
8-14 of the Department of Protective and Regulatory Services shall serve
8-15 as the compact administrator. The administrator shall cooperate
8-16 with all departments, agencies, and officers of and in the
8-17 government of this state and its subdivisions in facilitating the
8-18 proper administration of the compact or of any supplemental
8-19 agreements entered into by this state. The executive director and
8-20 the Commissioner of Human Services shall designate deputy compact
8-21 administrators to represent adoption assistance services and
8-22 medical assistance services provided under Title XIX of the Social
8-23 Security Act.
8-24 Sec. 45.004. SUPPLEMENTARY AGREEMENTS. The compact
8-25 administrator may enter into supplementary agreements with
9-1 appropriate officials of other states pursuant to the compact. If
9-2 a supplementary agreement requires or contemplates the use of any
9-3 institution or facility of this state or requires or contemplates
9-4 the provision of any service by this state, the supplementary
9-5 agreement shall have no force or effect until approved by the head
9-6 of the department or agency under whose jurisdiction the
9-7 institution or facility is operated or whose department or agency
9-8 will be charged with rendering the service.
9-9 Sec. 45.005. PAYMENTS BY STATE. The compact administrator,
9-10 subject to the approval of the chief state fiscal officer, may make
9-11 or arrange for any payments necessary to discharge any financial
9-12 obligations imposed upon this state by the compact or by any
9-13 supplementary agreement entered into thereunder.
9-14 Sec. 45.006. PENALTIES. A person who, pursuant to a compact
9-15 entered into pursuant to this subchapter, knowingly obtains or
9-16 attempts to obtain or aids or abets any person to obtain, by means
9-17 of a wilfully false statement or representation or by impersonation
9-18 or other fraudulent device, any assistance on behalf of a child or
9-19 other person to which such child or other person is not entitled or
9-20 assistance in an amount greater than that to which such child or
9-21 other person is entitled commits an offense. An offense under this
9-22 section is a Class B misdemeanor.
9-23 <DEFINITIONS. In this subchapter:>
9-24 <(1) "Child" means a person who, by reason of
9-25 minority, is legally subject to parental, guardianship, or similar
10-1 control.>
10-2 <(2) "Child-care facility" means a facility that
10-3 provides care, training, education, custody, treatment, or
10-4 supervision for a minor child who is not related by blood,
10-5 marriage, or adoption to the owner or operator of the facility,
10-6 whether or not the facility is operated for profit, and whether or
10-7 not the facility makes a charge for the service offered by it.>
10-8 <(3) "Placement" means an arrangement for the care of
10-9 a child in a family free, in a boarding home, or in a child-care
10-10 facility or institution, including an institution caring for the
10-11 mentally ill, mentally defective, or epileptic, but does not
10-12 include an institution primarily educational in character or a
10-13 hospital or other primarily medical facility.>
10-14 <(4) "Sending agency" means a state, a subdivision of
10-15 a state, an officer or employee of a state or a subdivision of a
10-16 state, a court of a state, or a person, partnership, corporation,
10-17 association, charitable agency, or other entity, located outside
10-18 this state, which sends, brings, or causes to be sent or brought a
10-19 child into this state.>
10-20 <Sec. 45.002. REQUIRED NOTICE OF INTENTION TO PLACE A CHILD.
10-21 (a) Prior to the placement in this state of a child from another
10-22 state, the sending agency shall furnish the department written
10-23 notice of its intention to place the child in this state. The
10-24 notice must contain:>
10-25 <(1) the name and the date and place of birth of the
11-1 child;>
11-2 <(2) the names and addresses of the child's parents or
11-3 legal guardian, and the legal relationship of the named persons to
11-4 the child;>
11-5 <(3) the name and address of the person, agency, or
11-6 institution with which the sending agency proposes to place the
11-7 child; and>
11-8 <(4) a full statement of the reasons for the placement
11-9 and evidence of the authority under which the placement is proposed
11-10 to be made.>
11-11 <(b) After receipt of a notice provided for in Subsection
11-12 (a) of this section, the commissioner may request additional or
11-13 supporting information considered necessary from an appropriate
11-14 authority in the state where the child is located.>
11-15 <(c) No sending agency may send, bring, or cause to be sent
11-16 or brought into this state a child for placement until the
11-17 commissioner notifies the sending agency in writing that the
11-18 proposed placement does not appear to be contrary to the best
11-19 interests of the child.>
11-20 <(d) The commissioner may not approve the placement in this
11-21 state of a child from outside this state without the concurrence of
11-22 the individuals with whom the child is proposed to be placed or the
11-23 head of an institution with which the child is proposed to be
11-24 placed.>
11-25 <(e) No child-care facility in this state may receive a
12-1 child for placement unless the placement conforms to requirements
12-2 of this subchapter.>
12-3 <Sec. 45.003. RESPONSIBILITIES OF SENDING AGENCY.
12-4 (a) After placement in this state, the sending agency retains
12-5 jurisdiction over the child sufficient to determine all matters
12-6 relating to the custody, supervision, care, treatment, and
12-7 disposition of the child which it would have had if the child had
12-8 remained in the sending agency's state, until the child is adopted,
12-9 reaches majority, becomes self-supporting, or is discharged with
12-10 the concurrence of the commissioner. The sending agency may cause
12-11 the child to be returned to it or transferred to another location,
12-12 except as provided by Subsection (e) of this section.>
12-13 <(b) The sending agency has financial responsibility for
12-14 support and maintenance of the child during each period of
12-15 placement in Texas. If the sending agency fails wholly or in part
12-16 to provide financial support and maintenance during placement, the
12-17 commissioner may bring suit under Section 14.05, Family Code, and
12-18 may file a complaint with the appropriate prosecuting attorney,
12-19 claiming a violation of Section 25.05, Penal Code.>
12-20 <(c) After failure of the sending agency to provide support
12-21 or maintenance, if the commissioner determines that financial
12-22 responsibility is unlikely to be assumed by the sending agency, or
12-23 by the child's parents or guardian, if not the sending agency, the
12-24 commissioner shall cause the child to be returned to the sending
12-25 agency.>
13-1 <(d) After failure of the sending agency to provide support
13-2 or maintenance, the department shall assume financial
13-3 responsibility for the child until responsibility is assumed again
13-4 by the sending agency, until it is assumed by the child's parents
13-5 or guardian, or until the child is safely returned to the sending
13-6 agency.>
13-7 <(e) The commissioner may not concur in the discharge of a
13-8 child placed in a public institution in this state without the
13-9 concurrence of the head of the institution.>
13-10 <Sec. 45.004. DELINQUENT CHILD. No child adjudicated
13-11 delinquent in another state may be placed in Texas unless the child
13-12 has received a court hearing, after notice to a parent or guardian,
13-13 at which the child had an opportunity to be heard and the court
13-14 found that:>
13-15 <(1) equivalent facilities for the child are not
13-16 available in the sending agency's jurisdiction; and>
13-17 <(2) institutional care in Texas is in the best
13-18 interests of the child and will not produce undue hardship.>
13-19 <Sec. 45.005. PRIVATE CHARITABLE AGENCIES. This subchapter
13-20 does not prevent a private charitable agency authorized to place
13-21 children in this state from performing services or acting as agent
13-22 in this state for a private charitable agency in a sending state,
13-23 or prevent the agency in this state from discharging financial
13-24 responsibility for the support and maintenance of a child who has
13-25 been placed on behalf of a sending agency, without altering
14-1 financial responsibility as provided by Section 45.003 of this
14-2 code.>
14-3 <Sec. 45.006. EXEMPTIONS. This subchapter does not apply
14-4 to:>
14-5 <(1) the sending or bringing of a child into this
14-6 state by his parent, stepparent, grandparent, adult brother or
14-7 sister, adult uncle or aunt, or the child's guardian, and the
14-8 leaving of the child with a person described in this subdivision or
14-9 with a nonagency guardian in this state; or>
14-10 <(2) the placement, sending, or bringing of a child
14-11 into this state under the provisions of an interstate compact to
14-12 which both Texas and the state from which the child is sent or
14-13 brought are parties.>
14-14 <Sec. 45.007. PENALTIES. (a) An individual or corporation
14-15 that violates Subsection (a) or (c) of Section 45.002 of this code
14-16 is guilty of a Class B misdemeanor.>
14-17 <(b) A child-care facility in this state that violates
14-18 Subsection (e) of Section 45.002 of this code is guilty of a Class
14-19 B misdemeanor. On conviction, the court shall revoke any license
14-20 to operate as a child-care facility or child-care institution
14-21 issued the facility by the department.>
14-22 (Sections 45.007<45.008>-45.020 reserved for expansion)
14-23 SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
14-24 Sec. 45.021. Adoption of Compact; Text. The Interstate
14-25 Compact on the Placement of Children is adopted by this state and
15-1 entered into with all other jurisdictions joining therein in form
15-2 substantially as provided under this subchapter. In this
15-3 subchapter, "compact" means the Interstate Compact on the Placement
15-4 of Children. <follows:>
15-5 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
15-6 ARTICLE I. PURPOSE AND POLICY
15-7 It is the purpose and policy of the party states to cooperate
15-8 with each other in the interstate placement of children to the end
15-9 that:
15-10 (a) Each child requiring placement shall receive the maximum
15-11 opportunity to be placed in a suitable environment and with persons
15-12 or institutions having appropriate qualifications and facilities to
15-13 provide a necessary and desirable degree and type of care.
15-14 (b) The appropriate authorities in a state where a child is
15-15 to be placed may have full opportunity to ascertain the
15-16 circumstances of the proposed placement, thereby promoting full
15-17 compliance with applicable requirements for the protection of the
15-18 child.
15-19 (c) The proper authorities of the state from which the
15-20 placement is made may obtain the most complete information on the
15-21 basis on which to evaluate a projected placement before it is made.
15-22 (d) Appropriate jurisdictional arrangements for the care of
15-23 children will be promoted.
15-24 ARTICLE II. DEFINITIONS
15-25 As used in this compact:
16-1 (a) "Child" means a person who, by reason of minority, is
16-2 legally subject to parental, guardianship, or similar control.
16-3 (b) "Sending agency" means a party state, officer, or
16-4 employee thereof; a subdivision of a party state, or officer or
16-5 employee thereof; a court of a party state; a person, corporation,
16-6 association, charitable agency, or other entity which sends,
16-7 brings, or causes to be sent or brought any child to another party
16-8 state.
16-9 (c) "Receiving state" means the state to which a child is
16-10 sent, brought, or caused to be sent or brought, whether by public
16-11 authorities or private persons or agencies, and whether for
16-12 placement with state or local public authorities or for placement
16-13 with private agencies or persons.
16-14 (d) "Placement" means the arrangement for the care of a
16-15 child in a family free or boarding home or in a child-caring agency
16-16 or institution but does not include any institution caring for the
16-17 mentally ill, mentally defective, or epileptic or any institution
16-18 primarily educational in character, and any hospital or other
16-19 medical facility.
16-20 ARTICLE III. CONDITIONS FOR PLACEMENT
16-21 (a) No sending agency shall send, bring, or cause to be sent
16-22 or brought into any other party state any child for placement in
16-23 foster care or as a preliminary to a possible adoption unless the
16-24 sending agency shall comply with each and every requirement set
16-25 forth in this article and with the applicable laws of the receiving
17-1 state governing the placement of children therein.
17-2 (b) Prior to sending, bringing, or causing any child to be
17-3 sent or brought into a receiving state for placement in foster care
17-4 or as a preliminary to a possible adoption, the sending agency
17-5 shall furnish the appropriate public authorities in the receiving
17-6 state written notice of the intention to send, bring, or place the
17-7 child in the receiving state. The notice shall contain:
17-8 (1) the name, date, and place of birth of the child;
17-9 (2) the identity and address or addresses of the
17-10 parents or legal guardian;
17-11 (3) the name and address of the person, agency, or
17-12 institution to or with which the sending agency proposes to send,
17-13 bring, or place the child;
17-14 (4) a full statement of the reasons for such proposed
17-15 action and evidence of the authority pursuant to which the
17-16 placement is proposed to be made.
17-17 (c) Any public officer or agency in a receiving state which
17-18 is in receipt of a notice pursuant to Paragraph (b) of this article
17-19 may request of the sending agency, or any other appropriate officer
17-20 or agency of or in the sending agency's state, and shall be
17-21 entitled to receive therefrom, such supporting or additional
17-22 information as it may deem necessary under the circumstances to
17-23 carry out the purpose and policy of this compact.
17-24 (d) The child shall not be sent, brought, or caused to be
17-25 sent or brought into the receiving state until the appropriate
18-1 public authorities in the receiving state shall notify the sending
18-2 agency, in writing, to the effect that the proposed placement does
18-3 not appear to be contrary to the interests of the child.
18-4 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
18-5 The sending, bringing, or causing to be sent or brought into
18-6 any receiving state of a child in violation of the terms of this
18-7 compact shall constitute a violation of the laws respecting the
18-8 placement of children of both the state in which the sending agency
18-9 is located or from which it sends or brings the child and of the
18-10 receiving state. Such violation may be punished or subjected to
18-11 penalty in either jurisdiction in accordance with its laws. In
18-12 addition to liability for any such punishment or penalty, any such
18-13 violation shall constitute full and sufficient grounds for the
18-14 suspension or revocation of any license, permit, or other legal
18-15 authorization held by the sending agency which empowers or allows
18-16 it to place or care for children.
18-17 ARTICLE V. RETENTION OF JURISDICTION
18-18 (a) The sending agency shall retain jurisdiction over the
18-19 child sufficient to determine all matters in relation to the
18-20 custody, supervision, care, treatment, and disposition of the child
18-21 which it would have had if the child had remained in the sending
18-22 agency's state, until the child is adopted, reaches majority,
18-23 becomes self-supporting, or is discharged with the concurrence of
18-24 the appropriate authority in the receiving state. Such
18-25 jurisdiction shall also include the power to effect or cause the
19-1 return of the child or its transfer to another location and custody
19-2 pursuant to law. The sending agency shall continue to have
19-3 financial responsibility for support and maintenance of the child
19-4 during the period of the placement. Nothing contained herein shall
19-5 defeat a claim of jurisdiction by a receiving state sufficient to
19-6 deal with an act of delinquency or crime committed therein.
19-7 (b) When the sending agency is a public agency, it may enter
19-8 into an agreement with an authorized public or private agency in
19-9 the receiving state providing for the performance of one or more
19-10 services in respect of such case by the latter as agent for the
19-11 sending agency.
19-12 (c) Nothing in this compact shall be construed to prevent a
19-13 private charitable agency authorized to place children in the
19-14 receiving state from performing services or acting as agent in that
19-15 state for a private charitable agency of the sending state; nor to
19-16 prevent the agency in the receiving state from discharging
19-17 financial responsibility for the support and maintenance of a child
19-18 who has been placed on behalf of the sending agency without
19-19 relieving the responsibility set forth in Paragraph (a) hereof.
19-20 ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
19-21 A child adjudicated delinquent may be placed in an
19-22 institution in another party jurisdiction pursuant to this compact
19-23 but no such placement shall be made unless the child is given a
19-24 court hearing on notice to the parent or guardian with opportunity
19-25 to be heard, prior to his being sent to such other party
20-1 jurisdiction for institutional care and the court finds that:
20-2 (1) equivalent facilities for the child are not
20-3 available in the sending agency's jurisdiction; and
20-4 (2) institutional care in the other jurisdiction is in
20-5 the best interest of the child and will not produce undue hardship.
20-6 ARTICLE VII. COMPACT ADMINISTRATOR
20-7 The executive head of each jurisdiction party to this compact
20-8 shall designate an officer who shall be general coordinator of
20-9 activities under this compact in his jurisdiction and who, acting
20-10 jointly with like officers of other party jurisdictions, shall have
20-11 power to promulgate rules and regulations to carry out more
20-12 effectively the terms and provisions of this compact.
20-13 ARTICLE VIII. LIMITATIONS
20-14 This compact shall not apply to:
20-15 (a) the sending or bringing of a child into a receiving
20-16 state by his parent, stepparent, grandparent, adult brother or
20-17 sister, adult uncle or aunt, or his guardian and leaving the child
20-18 with any such relative or nonagency guardian in the receiving
20-19 state;
20-20 (b) any placement, sending, or bringing of a child into a
20-21 receiving state pursuant to any other interstate compact to which
20-22 both the state from which the child is sent or brought and the
20-23 receiving state are party, or to any other agreement between said
20-24 states which has the force of law.
20-25 ARTICLE IX. ENACTMENT AND WITHDRAWAL
21-1 This compact shall be open to joinder by any state,
21-2 territory, or possession of the United States, the District of
21-3 Columbia, the Commonwealth of Puerto Rico, and, with the consent of
21-4 congress, the government of Canada or any province thereof. It
21-5 shall become effective with respect to any such jurisdiction when
21-6 such jurisdiction has enacted the same into law. Withdrawal from
21-7 this compact shall be by the enactment of a statute repealing the
21-8 same, but shall not take effect until two years after the effective
21-9 date of such statute and until written notice of the withdrawal has
21-10 been given by the withdrawing state to the governor of each other
21-11 party jurisdiction. Withdrawal of a party state shall not affect
21-12 the rights, duties, and obligations under this compact of any
21-13 sending agency therein with respect to a placement made prior to
21-14 the effective date of withdrawal.
21-15 ARTICLE X. CONSTRUCTION AND SEVERABILITY
21-16 The provisions of this compact shall be liberally construed
21-17 to effectuate the purposes thereof. The provisions of this compact
21-18 shall be severable and if any phrase, clause, sentence, or
21-19 provision of this compact is declared to be contrary to the
21-20 constitution of any party state or of the United States or the
21-21 applicability thereof to any government, agency, person, or
21-22 circumstance is held invalid, the validity of the remainder of this
21-23 compact and the applicability thereof to any government, agency,
21-24 person, or circumstance shall not be affected thereby. If this
21-25 compact shall be held contrary to the constitution of any state
22-1 party thereto, the compact shall remain in full force and effect as
22-2 to the remaining states and in full force and effect as to the
22-3 state affected as to all severable matters.
22-4 Sec. 45.022. COMPACT AUTHORITY <DEFINITIONS>. (a) As used
22-5 in Article VII of the compact, the "executive head" is the governor
22-6 of the state.
22-7 (b) The governor shall appoint the executive director of the
22-8 Department of Protective and Regulatory Services as compact
22-9 administrator.
22-10 (c) The executive director shall designate a deputy compact
22-11 administrator and staff necessary to execute the terms of the
22-12 compact within the state.
22-13 (d) The "appropriate public authorities" referred to in
22-14 Article III and the "appropriate authority in the receiving state"
22-15 referred to in Article V of the compact in this state mean the
22-16 executive director of the department. <In this subchapter:>
22-17 <(1) "Appropriate public authorities," with reference
22-18 to this state, means the Commissioner of the Texas Department of
22-19 Human Services.>
22-20 <(2) "Appropriate authority in the receiving state,"
22-21 with reference to this state, means the Commissioner of the Texas
22-22 Department of Human Services.>
22-23 <(3) "Executive head," with reference to this state,
22-24 means the governor.>
22-25 <(4) "Compact" means the Interstate Compact on the
23-1 Placement of Children.>
23-2 Sec. 45.023. FINANCIAL RESPONSIBILITY FOR CHILD.
23-3 (a) Financial responsibility for a child placed as provided in the
23-4 compact is determined, in the first instance, as provided in
23-5 Article V of the compact. After partial or complete default of
23-6 performance under the provisions of Article V assigning financial
23-7 responsibility, the executive director <commissioner> may bring
23-8 suit under Section 14.05, Family Code, and may file a complaint
23-9 with the appropriate prosecuting attorney, claiming a violation of
23-10 Section 25.05, Penal Code.
23-11 (b) After default, if the executive director <commissioner>
23-12 determines that financial responsibility is unlikely to be assumed
23-13 by the sending agency or the child's parents, the executive
23-14 director may <commissioner shall> cause the child to be returned to
23-15 the sending agency.
23-16 (c) After default, the department shall assume financial
23-17 responsibility for the child until it is assumed by the child's
23-18 parents, or until the child is safely returned to the sending
23-19 agency.
23-20 Sec. 45.024. APPROVAL OF PLACEMENT <OR DISCHARGE>. The
23-21 executive director <commissioner> may not approve the placement of
23-22 a child in this state without the concurrence of the individuals
23-23 with whom the child is proposed to be placed or the head of an
23-24 institution with which the child is proposed to be placed. <The
23-25 commissioner may not approve the discharge of a child placed in a
24-1 public institution in this state without the concurrence of the
24-2 head of the institution.>
24-3 Sec. 45.025. PLACEMENT IN ANOTHER STATE. A juvenile court
24-4 may place a delinquent child in an institution in another state as
24-5 provided by Article VI of the compact. After placement in another
24-6 state, the court retains jurisdiction of the child as provided by
24-7 Article V of the compact.
24-8 Sec. 45.026. PENALTIES <COMPACT ADMINISTRATOR>. (a) An
24-9 individual, agency, corporation, or child-care facility that
24-10 violates any provision of the compact commits an offense. An
24-11 offense under this subsection is a Class B misdemeanor.
24-12 (b) An individual, agency, corporation, or child-care
24-13 facility in this state that violates Article IV commits an offense.
24-14 An offense under this subsection is a Class B misdemeanor. On
24-15 conviction, the court shall revoke any license to operate as a
24-16 child-care facility or child-care institution issued to the
24-17 facility by the department and shall revoke any license or
24-18 certification of such individual, agency, or corporation necessary
24-19 to practice in the state. <The governor shall appoint the
24-20 commissioner as compact administrator. If the commissioner is
24-21 unable to attend a compact meeting, the commissioner may designate
24-22 a department employee to attend the meeting as the commissioner's
24-23 representative.>
24-24 <Sec. 45.028. NOTICE OF MEETINGS. For informational
24-25 purposes, the department shall file with the secretary of state
25-1 notice of compact meetings for publication in the Texas Register.>
25-2 SECTION 2. The importance of this legislation and the
25-3 crowded condition of the calendars in both houses create an
25-4 emergency and an imperative public necessity that the
25-5 constitutional rule requiring bills to be read on three several
25-6 days in each house be suspended, and this rule is hereby suspended,
25-7 and that this Act take effect and be in force from and after its
25-8 passage, and it is so enacted.