1-1 By: Moncrief S.B. No. 169
1-2 (In the Senate - Filed January 6, 1995; January 17, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 March 7, 1995, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 7, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the interstate placement of and assistance to children;
1-9 creating offenses and providing penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 45, Human Resources Code, is amended to
1-12 read as follows:
1-13 CHAPTER 45. INTERSTATE PLACEMENT OF CHILDREN
1-14 SUBCHAPTER A. INTERSTATE COMPACT ON ADOPTION AND MEDICAL
1-15 ASSISTANCE <PLACEMENT OF CHILDREN FROM ANOTHER STATE>
1-16 Section
1-17 45.001. Adoption of Compact; Text <Definitions>
1-18 45.002. Authority of the Department of Protective and Regulatory
1-19 Services <Required Notice of Intention to Place a Child>
1-20 45.003. Compact Administration <Responsibilities of Sending
1-21 Agency>
1-22 45.004. Supplementary Agreements <Delinquent Child>
1-23 45.005. Payments by State <Private Charitable Agencies>
1-24 45.006. Penalties <Exemptions>
1-25 <45.007. Penalties>
1-26 (Sections 45.007<45.008>-45.020 reserved for expansion)
1-27 SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
1-28 45.021. Adoption of Compact; Text
1-29 45.022. Compact Authority <Definitions>
1-30 45.023. Financial Responsibility for Child
1-31 45.024. Approval of Placement <or Discharge>
1-32 45.025. Placement in Another State
1-33 45.026. Penalties <Compact Administrator>
1-34 <45.028. Notice of Meetings>
1-35 SUBCHAPTER A. INTERSTATE COMPACT ON ADOPTION AND MEDICAL
1-36 ASSISTANCE <PLACEMENT OF CHILDREN FROM ANOTHER STATE>
1-37 Sec. 45.001. ADOPTION OF COMPACT; TEXT. The Interstate
1-38 Compact on Adoption and Medical Assistance is adopted by this state
1-39 and entered into with all other jurisdictions joining therein in
1-40 form substantially as provided under this subchapter.
1-41 INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
1-42 ARTICLE I. FINDINGS
1-43 The legislature finds that:
1-44 (a) Finding adoptive families for children for whom state
1-45 assistance is desirable, pursuant to Chapter 47, Human Resources
1-46 Code, and assuring the protection of the interest of the children
1-47 affected during the entire assistance period require special
1-48 measures when the adoptive parents move to other states or are
1-49 residents of another state.
1-50 (b) The provision of medical and other necessary services
1-51 for children, with state assistance, encounters special
1-52 difficulties when the provision of services takes place in other
1-53 states.
1-54 ARTICLE II. PURPOSES
1-55 The purpose of the compact is to:
1-56 (a) authorize the state Department of Protective and
1-57 Regulatory Services, with the concurrence of the Health and Human
1-58 Services Commission, to enter into interstate agreements with
1-59 agencies of other states for the protection of children on behalf
1-60 of whom adoption assistance is being provided by the Department of
1-61 Protective and Regulatory Services; and
1-62 (b) provide procedures for interstate children's adoption
1-63 assistance payments, including medical payments.
1-64 ARTICLE III. DEFINITIONS
1-65 As used in this compact:
1-66 (a) "State" means a state of the United States, the District
1-67 of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
1-68 Guam, the Commonwealth of the Northern Mariana Islands, or a
2-1 territory or possession of or administered by the United States.
2-2 (b) "Adoption assistance state" means the state that is
2-3 signatory to an adoption assistance agreement in a particular case.
2-4 (c) "Residence state" means the state of which the child is
2-5 a resident by virtue of the residence of the adoptive parents.
2-6 ARTICLE IV. COMPACTS AUTHORIZED
2-7 The Department of Protective and Regulatory Services, by and
2-8 through its executive director, is authorized to develop,
2-9 participate in the development of, negotiate, and enter into one or
2-10 more interstate compacts on behalf of this state with other states
2-11 to implement one or more of the purposes set forth in this compact.
2-12 When so entered into and for so long as it shall remain in force,
2-13 such a compact shall have the force and effect of law.
2-14 ARTICLE V. CONTENTS OF COMPACTS
2-15 A compact entered into pursuant to the authority conferred by
2-16 this compact shall have the following content:
2-17 (1) a provision making it available for joinder by all
2-18 states;
2-19 (2) a provision or provisions for withdrawal from the
2-20 compact upon written notice to the parties, but with a period of
2-21 one year between the date of the notice and the effective date of
2-22 the withdrawal;
2-23 (3) a requirement that the protections afforded by or
2-24 pursuant to the compact continue in force for the duration of the
2-25 adoption assistance and be applicable to all children and their
2-26 adoptive parents who on the effective date of the withdrawal are
2-27 receiving adoption assistance from a party state other than the one
2-28 in which they are resident and have their principal place of abode;
2-29 (4) a requirement that each instance of adoption
2-30 assistance to which the compact applies be covered by an adoption
2-31 assistance agreement in writing between the adoptive parents and
2-32 the state child welfare agency of the state which undertakes to
2-33 provide the adoption assistance and further that any such agreement
2-34 be expressly for the benefit of the adopted child and enforceable
2-35 by the adoptive parents and the state agency providing the adoption
2-36 assistance; and
2-37 (5) such other provisions as may be appropriate to
2-38 implement the proper administration of the compact.
2-39 ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
2-40 A compact entered into pursuant to the authority conferred by
2-41 this compact may contain provisions, in addition to those required
2-42 pursuant to Article V of this compact, as follows:
2-43 (1) provisions establishing procedures and entitlement
2-44 to medical, developmental, child care, or other social services for
2-45 the child in accordance with applicable laws, even though the child
2-46 and the adoptive parents are in a state other than the one
2-47 responsible for or providing the services or the funds to defray
2-48 part or all of the costs thereof; and
2-49 (2) such other provisions as may be appropriate or
2-50 incidental to the proper administration of the compact.
2-51 ARTICLE VII. MEDICAL ASSISTANCE
2-52 (a) A child with special needs resident in this state who is
2-53 the subject of an adoption assistance agreement with another state
2-54 shall be entitled to receive a medical assistance identification
2-55 from this state upon the filing in the state medical assistance
2-56 agency of a certified copy of the adoption assistance agreement
2-57 obtained from the adoption assistance state. In accordance with
2-58 regulations of the state medical assistance agency, the adoptive
2-59 parents shall be required at least annually to show that the
2-60 agreement is still in force or has been renewed.
2-61 (b) The state medical assistance agency shall consider the
2-62 holder of a medical assistance identification pursuant to this
2-63 section as any other holder of a medical assistance identification
2-64 under the laws of this state and shall process and make payment on
2-65 claims on account of such holder in the same manner and pursuant to
2-66 the same conditions and procedures as for other recipients of
2-67 medical assistance.
2-68 (c) The state medical assistance agency shall provide
2-69 coverage and benefits for a child who is in another state and who
2-70 is covered by an adoption assistance agreement made by the
3-1 Department of Protective and Regulatory Services for the coverage
3-2 or benefits, if any, not provided by the residence state. To this
3-3 end, the adoptive parents acting for the child may submit evidence
3-4 of payment for services or benefit amounts not payable in the
3-5 residence state and shall be reimbursed therefor. However, there
3-6 shall be no reimbursement for services or benefit amounts covered
3-7 under any insurance or other third-party medical contract or
3-8 arrangement held by the child or the adoptive parents. The state
3-9 medical assistance agency shall make regulations implementing this
3-10 subsection. The additional coverage and benefit amounts provided
3-11 pursuant to this subsection shall be for services for which there
3-12 is no federal contribution or services which, if federally aided,
3-13 are not provided by the residence state. Such regulations shall
3-14 include procedures to be followed in obtaining prior approval for
3-15 services in those instances in which prior approval is required for
3-16 the assistance.
3-17 (d) The submission of any claim for payment or reimbursement
3-18 for services or benefits pursuant to this article or the making of
3-19 any statement in connection therewith, which claim or statement the
3-20 maker knows or should know to be false, misleading, or fraudulent,
3-21 shall be punishable as perjury and shall also subject the maker to
3-22 a fine not to exceed $10,000 or imprisonment for no more than two
3-23 years, or both.
3-24 (e) The provisions of this article apply only to medical
3-25 assistance for children under adoption assistance agreements from
3-26 states that have entered into a compact with this state under which
3-27 the other state provides medical assistance to children with
3-28 special needs under adoption assistance agreements made by this
3-29 state. All other children entitled to medical assistance pursuant
3-30 to adoption assistance agreements entered into by this state shall
3-31 be eligible to receive such medical assistance in accordance with
3-32 the laws and procedures applicable thereto.
3-33 ARTICLE VIII. FEDERAL PARTICIPATION
3-34 Consistent with federal law, the Department of Protective and
3-35 Regulatory Services and the Health and Human Services Commission,
3-36 in connection with the administration of this compact and any
3-37 compact pursuant hereto, shall include in any state plan made
3-38 pursuant to the Adoption Assistance and Child Welfare Act of 1980
3-39 (Pub. L. No. 96-272), Titles IV-E and XIX of the Social Security
3-40 Act, and any other applicable federal laws the provision of
3-41 adoption assistance and medical assistance for which the federal
3-42 government pays some or all of the cost. The Department of
3-43 Protective and Regulatory Services and the Health and Human
3-44 Services Commission shall apply for and administer all relevant
3-45 federal aid in accordance with law.
3-46 Sec. 45.002. AUTHORITY OF THE DEPARTMENT OF PROTECTIVE AND
3-47 REGULATORY SERVICES. The Department of Protective and Regulatory
3-48 Services, with the concurrence of the Health and Human Services
3-49 Commission, is authorized to develop, participate in the
3-50 development of, negotiate, and enter into one or more interstate
3-51 compacts on behalf of this state with other states to implement one
3-52 or more of the purposes of this subchapter. When so entered into
3-53 and for so long as it shall remain in force, such a compact shall
3-54 have the force and effect of law.
3-55 Sec. 45.003. COMPACT ADMINISTRATION. The executive director
3-56 of the Department of Protective and Regulatory Services shall serve
3-57 as the compact administrator. The administrator shall cooperate
3-58 with all departments, agencies, and officers of the government of
3-59 this state and its subdivisions in facilitating the proper
3-60 administration of the compact or of any supplemental agreements
3-61 entered into by this state. The executive director and the
3-62 Commissioner of Human Services shall designate deputy compact
3-63 administrators to represent adoption assistance services and
3-64 medical assistance services provided under Title XIX of the Social
3-65 Security Act.
3-66 Sec. 45.004. SUPPLEMENTARY AGREEMENTS. The compact
3-67 administrator may enter into supplementary agreements with
3-68 appropriate officials of other states pursuant to the compact. If
3-69 a supplementary agreement requires or contemplates the use of any
3-70 institution or facility of this state or requires or contemplates
4-1 the provision of any service by this state, the supplementary
4-2 agreement shall have no force or effect until approved by the head
4-3 of the department or agency under whose jurisdiction the
4-4 institution or facility is operated or whose department or agency
4-5 will be charged with rendering the service.
4-6 Sec. 45.005. PAYMENTS BY STATE. The compact administrator,
4-7 subject to the approval of the chief state fiscal officer, may make
4-8 or arrange for any payments necessary to discharge any financial
4-9 obligations imposed upon this state by the compact or by any
4-10 supplementary agreement entered into thereunder.
4-11 Sec. 45.006. PENALTIES. A person who, pursuant to a compact
4-12 entered into pursuant to this subchapter, knowingly obtains or
4-13 attempts to obtain or aids or abets any person in obtaining, by
4-14 means of a wilfully false statement or representation or by
4-15 impersonation or other fraudulent device, any assistance on behalf
4-16 of a child or other person to which such child or other person is
4-17 not entitled or assistance in an amount greater than that to which
4-18 such child or other person is entitled commits an offense. An
4-19 offense under this section is a Class B misdemeanor.
4-20 <DEFINITIONS. In this subchapter:>
4-21 <(1) "Child" means a person who, by reason of
4-22 minority, is legally subject to parental, guardianship, or similar
4-23 control.>
4-24 <(2) "Child-care facility" means a facility that
4-25 provides care, training, education, custody, treatment, or
4-26 supervision for a minor child who is not related by blood,
4-27 marriage, or adoption to the owner or operator of the facility,
4-28 whether or not the facility is operated for profit, and whether or
4-29 not the facility makes a charge for the service offered by it.>
4-30 <(3) "Placement" means an arrangement for the care of
4-31 a child in a family free, in a boarding home, or in a child-care
4-32 facility or institution, including an institution caring for the
4-33 mentally ill, mentally defective, or epileptic, but does not
4-34 include an institution primarily educational in character or a
4-35 hospital or other primarily medical facility.>
4-36 <(4) "Sending agency" means a state, a subdivision of
4-37 a state, an officer or employee of a state or a subdivision of a
4-38 state, a court of a state, or a person, partnership, corporation,
4-39 association, charitable agency, or other entity, located outside
4-40 this state, which sends, brings, or causes to be sent or brought a
4-41 child into this state.>
4-42 <Sec. 45.002. REQUIRED NOTICE OF INTENTION TO PLACE A CHILD.
4-43 (a) Prior to the placement in this state of a child from another
4-44 state, the sending agency shall furnish the department written
4-45 notice of its intention to place the child in this state. The
4-46 notice must contain:>
4-47 <(1) the name and the date and place of birth of the
4-48 child;>
4-49 <(2) the names and addresses of the child's parents or
4-50 legal guardian, and the legal relationship of the named persons to
4-51 the child;>
4-52 <(3) the name and address of the person, agency, or
4-53 institution with which the sending agency proposes to place the
4-54 child; and>
4-55 <(4) a full statement of the reasons for the placement
4-56 and evidence of the authority under which the placement is proposed
4-57 to be made.>
4-58 <(b) After receipt of a notice provided for in Subsection
4-59 (a) of this section, the commissioner may request additional or
4-60 supporting information considered necessary from an appropriate
4-61 authority in the state where the child is located.>
4-62 <(c) No sending agency may send, bring, or cause to be sent
4-63 or brought into this state a child for placement until the
4-64 commissioner notifies the sending agency in writing that the
4-65 proposed placement does not appear to be contrary to the best
4-66 interests of the child.>
4-67 <(d) The commissioner may not approve the placement in this
4-68 state of a child from outside this state without the concurrence of
4-69 the individuals with whom the child is proposed to be placed or the
4-70 head of an institution with which the child is proposed to be
5-1 placed.>
5-2 <(e) No child-care facility in this state may receive a
5-3 child for placement unless the placement conforms to requirements
5-4 of this subchapter.>
5-5 <Sec. 45.003. RESPONSIBILITIES OF SENDING AGENCY.
5-6 (a) After placement in this state, the sending agency retains
5-7 jurisdiction over the child sufficient to determine all matters
5-8 relating to the custody, supervision, care, treatment, and
5-9 disposition of the child which it would have had if the child had
5-10 remained in the sending agency's state, until the child is adopted,
5-11 reaches majority, becomes self-supporting, or is discharged with
5-12 the concurrence of the commissioner. The sending agency may cause
5-13 the child to be returned to it or transferred to another location,
5-14 except as provided by Subsection (e) of this section.>
5-15 <(b) The sending agency has financial responsibility for
5-16 support and maintenance of the child during each period of
5-17 placement in Texas. If the sending agency fails wholly or in part
5-18 to provide financial support and maintenance during placement, the
5-19 commissioner may bring suit under Section 14.05, Family Code, and
5-20 may file a complaint with the appropriate prosecuting attorney,
5-21 claiming a violation of Section 25.05, Penal Code.>
5-22 <(c) After failure of the sending agency to provide support
5-23 or maintenance, if the commissioner determines that financial
5-24 responsibility is unlikely to be assumed by the sending agency, or
5-25 by the child's parents or guardian, if not the sending agency, the
5-26 commissioner shall cause the child to be returned to the sending
5-27 agency.>
5-28 <(d) After failure of the sending agency to provide support
5-29 or maintenance, the department shall assume financial
5-30 responsibility for the child until responsibility is assumed again
5-31 by the sending agency, until it is assumed by the child's parents
5-32 or guardian, or until the child is safely returned to the sending
5-33 agency.>
5-34 <(e) The commissioner may not concur in the discharge of a
5-35 child placed in a public institution in this state without the
5-36 concurrence of the head of the institution.>
5-37 <Sec. 45.004. DELINQUENT CHILD. No child adjudicated
5-38 delinquent in another state may be placed in Texas unless the child
5-39 has received a court hearing, after notice to a parent or guardian,
5-40 at which the child had an opportunity to be heard and the court
5-41 found that:>
5-42 <(1) equivalent facilities for the child are not
5-43 available in the sending agency's jurisdiction; and>
5-44 <(2) institutional care in Texas is in the best
5-45 interests of the child and will not produce undue hardship.>
5-46 <Sec. 45.005. PRIVATE CHARITABLE AGENCIES. This subchapter
5-47 does not prevent a private charitable agency authorized to place
5-48 children in this state from performing services or acting as agent
5-49 in this state for a private charitable agency in a sending state,
5-50 or prevent the agency in this state from discharging financial
5-51 responsibility for the support and maintenance of a child who has
5-52 been placed on behalf of a sending agency, without altering
5-53 financial responsibility as provided by Section 45.003 of this
5-54 code.>
5-55 <Sec. 45.006. EXEMPTIONS. This subchapter does not apply
5-56 to:>
5-57 <(1) the sending or bringing of a child into this
5-58 state by his parent, stepparent, grandparent, adult brother or
5-59 sister, adult uncle or aunt, or the child's guardian, and the
5-60 leaving of the child with a person described in this subdivision or
5-61 with a nonagency guardian in this state; or>
5-62 <(2) the placement, sending, or bringing of a child
5-63 into this state under the provisions of an interstate compact to
5-64 which both Texas and the state from which the child is sent or
5-65 brought are parties.>
5-66 <Sec. 45.007. PENALTIES. (a) An individual or corporation
5-67 that violates Subsection (a) or (c) of Section 45.002 of this code
5-68 is guilty of a Class B misdemeanor.>
5-69 <(b) A child-care facility in this state that violates
5-70 Subsection (e) of Section 45.002 of this code is guilty of a Class
6-1 B misdemeanor. On conviction, the court shall revoke any license
6-2 to operate as a child-care facility or child-care institution
6-3 issued the facility by the department.>
6-4 (Sections 45.007<45.008>-45.020 reserved for expansion)
6-5 SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
6-6 Sec. 45.021. Adoption of Compact; Text. The Interstate
6-7 Compact on the Placement of Children is adopted by this state and
6-8 entered into with all other jurisdictions joining therein in form
6-9 substantially as provided under this subchapter. In this
6-10 subchapter, "compact" means the Interstate Compact on the Placement
6-11 of Children. <follows:>
6-12 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
6-13 ARTICLE I. PURPOSE AND POLICY
6-14 It is the purpose and policy of the party states to cooperate
6-15 with each other in the interstate placement of children to the end
6-16 that:
6-17 (a) Each child requiring placement shall receive the maximum
6-18 opportunity to be placed in a suitable environment and with persons
6-19 or institutions having appropriate qualifications and facilities to
6-20 provide a necessary and desirable degree and type of care.
6-21 (b) The appropriate authorities in a state where a child is
6-22 to be placed may have full opportunity to ascertain the
6-23 circumstances of the proposed placement, thereby promoting full
6-24 compliance with applicable requirements for the protection of the
6-25 child.
6-26 (c) The proper authorities of the state from which the
6-27 placement is made may obtain the most complete information on the
6-28 basis on which to evaluate a projected placement before it is made.
6-29 (d) Appropriate jurisdictional arrangements for the care of
6-30 children will be promoted.
6-31 ARTICLE II. DEFINITIONS
6-32 As used in this compact:
6-33 (a) "Child" means a person who, by reason of minority, is
6-34 legally subject to parental, guardianship, or similar control.
6-35 (b) "Sending agency" means a party state, officer, or
6-36 employee thereof; a subdivision of a party state, or officer or
6-37 employee thereof; a court of a party state; a person, corporation,
6-38 association, charitable agency, or other entity which sends,
6-39 brings, or causes to be sent or brought any child to another party
6-40 state.
6-41 (c) "Receiving state" means the state to which a child is
6-42 sent, brought, or caused to be sent or brought, whether by public
6-43 authorities or private persons or agencies, and whether for
6-44 placement with state or local public authorities or for placement
6-45 with private agencies or persons.
6-46 (d) "Placement" means the arrangement for the care of a
6-47 child in a family free or boarding home or in a child-caring agency
6-48 or institution but does not include any institution caring for the
6-49 mentally ill, mentally defective, or epileptic or any institution
6-50 primarily educational in character, and any hospital or other
6-51 medical facility.
6-52 ARTICLE III. CONDITIONS FOR PLACEMENT
6-53 (a) No sending agency shall send, bring, or cause to be sent
6-54 or brought into any other party state any child for placement in
6-55 foster care or as a preliminary to a possible adoption unless the
6-56 sending agency shall comply with each and every requirement set
6-57 forth in this article and with the applicable laws of the receiving
6-58 state governing the placement of children therein.
6-59 (b) Prior to sending, bringing, or causing any child to be
6-60 sent or brought into a receiving state for placement in foster care
6-61 or as a preliminary to a possible adoption, the sending agency
6-62 shall furnish the appropriate public authorities in the receiving
6-63 state written notice of the intention to send, bring, or place the
6-64 child in the receiving state. The notice shall contain:
6-65 (1) the name, date, and place of birth of the child;
6-66 (2) the identity and address or addresses of the
6-67 parents or legal guardian;
6-68 (3) the name and address of the person, agency, or
6-69 institution to or with which the sending agency proposes to send,
6-70 bring, or place the child;
7-1 (4) a full statement of the reasons for such proposed
7-2 action and evidence of the authority pursuant to which the
7-3 placement is proposed to be made.
7-4 (c) Any public officer or agency in a receiving state which
7-5 is in receipt of a notice pursuant to Paragraph (b) of this article
7-6 may request of the sending agency, or any other appropriate officer
7-7 or agency of or in the sending agency's state, and shall be
7-8 entitled to receive therefrom, such supporting or additional
7-9 information as it may deem necessary under the circumstances to
7-10 carry out the purpose and policy of this compact.
7-11 (d) The child shall not be sent, brought, or caused to be
7-12 sent or brought into the receiving state until the appropriate
7-13 public authorities in the receiving state shall notify the sending
7-14 agency, in writing, to the effect that the proposed placement does
7-15 not appear to be contrary to the interests of the child.
7-16 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
7-17 The sending, bringing, or causing to be sent or brought into
7-18 any receiving state of a child in violation of the terms of this
7-19 compact shall constitute a violation of the laws respecting the
7-20 placement of children of both the state in which the sending agency
7-21 is located or from which it sends or brings the child and of the
7-22 receiving state. Such violation may be punished or subjected to
7-23 penalty in either jurisdiction in accordance with its laws. In
7-24 addition to liability for any such punishment or penalty, any such
7-25 violation shall constitute full and sufficient grounds for the
7-26 suspension or revocation of any license, permit, or other legal
7-27 authorization held by the sending agency which empowers or allows
7-28 it to place or care for children.
7-29 ARTICLE V. RETENTION OF JURISDICTION
7-30 (a) The sending agency shall retain jurisdiction over the
7-31 child sufficient to determine all matters in relation to the
7-32 custody, supervision, care, treatment, and disposition of the child
7-33 which it would have had if the child had remained in the sending
7-34 agency's state, until the child is adopted, reaches majority,
7-35 becomes self-supporting, or is discharged with the concurrence of
7-36 the appropriate authority in the receiving state. Such
7-37 jurisdiction shall also include the power to effect or cause the
7-38 return of the child or its transfer to another location and custody
7-39 pursuant to law. The sending agency shall continue to have
7-40 financial responsibility for support and maintenance of the child
7-41 during the period of the placement. Nothing contained herein shall
7-42 defeat a claim of jurisdiction by a receiving state sufficient to
7-43 deal with an act of delinquency or crime committed therein.
7-44 (b) When the sending agency is a public agency, it may enter
7-45 into an agreement with an authorized public or private agency in
7-46 the receiving state providing for the performance of one or more
7-47 services in respect of such case by the latter as agent for the
7-48 sending agency.
7-49 (c) Nothing in this compact shall be construed to prevent a
7-50 private charitable agency authorized to place children in the
7-51 receiving state from performing services or acting as agent in that
7-52 state for a private charitable agency of the sending state; nor to
7-53 prevent the agency in the receiving state from discharging
7-54 financial responsibility for the support and maintenance of a child
7-55 who has been placed on behalf of the sending agency without
7-56 relieving the responsibility set forth in Paragraph (a) hereof.
7-57 ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
7-58 A child adjudicated delinquent may be placed in an
7-59 institution in another party jurisdiction pursuant to this compact
7-60 but no such placement shall be made unless the child is given a
7-61 court hearing on notice to the parent or guardian with opportunity
7-62 to be heard, prior to his being sent to such other party
7-63 jurisdiction for institutional care and the court finds that:
7-64 (1) equivalent facilities for the child are not
7-65 available in the sending agency's jurisdiction; and
7-66 (2) institutional care in the other jurisdiction is in
7-67 the best interest of the child and will not produce undue hardship.
7-68 ARTICLE VII. COMPACT ADMINISTRATOR
7-69 The executive head of each jurisdiction party to this compact
7-70 shall designate an officer who shall be general coordinator of
8-1 activities under this compact in his jurisdiction and who, acting
8-2 jointly with like officers of other party jurisdictions, shall have
8-3 power to promulgate rules and regulations to carry out more
8-4 effectively the terms and provisions of this compact.
8-5 ARTICLE VIII. LIMITATIONS
8-6 This compact shall not apply to:
8-7 (a) the sending or bringing of a child into a receiving
8-8 state by his parent, stepparent, grandparent, adult brother or
8-9 sister, adult uncle or aunt, or his guardian and leaving the child
8-10 with any such relative or nonagency guardian in the receiving
8-11 state;
8-12 (b) any placement, sending, or bringing of a child into a
8-13 receiving state pursuant to any other interstate compact to which
8-14 both the state from which the child is sent or brought and the
8-15 receiving state are party, or to any other agreement between said
8-16 states which has the force of law.
8-17 ARTICLE IX. ENACTMENT AND WITHDRAWAL
8-18 This compact shall be open to joinder by any state,
8-19 territory, or possession of the United States, the District of
8-20 Columbia, the Commonwealth of Puerto Rico, and, with the consent of
8-21 congress, the government of Canada or any province thereof. It
8-22 shall become effective with respect to any such jurisdiction when
8-23 such jurisdiction has enacted the same into law. Withdrawal from
8-24 this compact shall be by the enactment of a statute repealing the
8-25 same, but shall not take effect until two years after the effective
8-26 date of such statute and until written notice of the withdrawal has
8-27 been given by the withdrawing state to the governor of each other
8-28 party jurisdiction. Withdrawal of a party state shall not affect
8-29 the rights, duties, and obligations under this compact of any
8-30 sending agency therein with respect to a placement made prior to
8-31 the effective date of withdrawal.
8-32 ARTICLE X. CONSTRUCTION AND SEVERABILITY
8-33 The provisions of this compact shall be liberally construed
8-34 to effectuate the purposes thereof. The provisions of this compact
8-35 shall be severable and if any phrase, clause, sentence, or
8-36 provision of this compact is declared to be contrary to the
8-37 constitution of any party state or of the United States or the
8-38 applicability thereof to any government, agency, person, or
8-39 circumstance is held invalid, the validity of the remainder of this
8-40 compact and the applicability thereof to any government, agency,
8-41 person, or circumstance shall not be affected thereby. If this
8-42 compact shall be held contrary to the constitution of any state
8-43 party thereto, the compact shall remain in full force and effect as
8-44 to the remaining states and in full force and effect as to the
8-45 state affected as to all severable matters.
8-46 Sec. 45.022. COMPACT AUTHORITY <DEFINITIONS>. (a) As used
8-47 in Article VII of the compact, the "executive head" is the governor
8-48 of the state.
8-49 (b) The governor shall appoint the executive director of the
8-50 Department of Protective and Regulatory Services as compact
8-51 administrator.
8-52 (c) The executive director shall designate a deputy compact
8-53 administrator and staff necessary to execute the terms of the
8-54 compact within the state.
8-55 (d) The "appropriate public authorities" referred to in
8-56 Article III of the compact and the "appropriate authority in the
8-57 receiving state" referred to in Article V of the compact in this
8-58 state mean the executive director of the department. <In this
8-59 subchapter:>
8-60 <(1) "Appropriate public authorities," with reference
8-61 to this state, means the Commissioner of the Texas Department of
8-62 Human Services.>
8-63 <(2) "Appropriate authority in the receiving state,"
8-64 with reference to this state, means the Commissioner of the Texas
8-65 Department of Human Services.>
8-66 <(3) "Executive head," with reference to this state,
8-67 means the governor.>
8-68 <(4) "Compact" means the Interstate Compact on the
8-69 Placement of Children.>
8-70 Sec. 45.023. FINANCIAL RESPONSIBILITY FOR CHILD.
9-1 (a) Financial responsibility for a child placed as provided in the
9-2 compact is determined, in the first instance, as provided in
9-3 Article V of the compact. After partial or complete default of
9-4 performance under the provisions of Article V assigning financial
9-5 responsibility, the executive director <commissioner> may bring
9-6 suit under Section 14.05, Family Code, and may file a complaint
9-7 with the appropriate prosecuting attorney, claiming a violation of
9-8 Section 25.05, Penal Code.
9-9 (b) After default, if the executive director <commissioner>
9-10 determines that financial responsibility is unlikely to be assumed
9-11 by the sending agency or the child's parents, the executive
9-12 director may <commissioner shall> cause the child to be returned to
9-13 the sending agency.
9-14 (c) After default, the department shall assume financial
9-15 responsibility for the child until it is assumed by the child's
9-16 parents, or until the child is safely returned to the sending
9-17 agency.
9-18 Sec. 45.024. APPROVAL OF PLACEMENT <OR DISCHARGE>. The
9-19 executive director <commissioner> may not approve the placement of
9-20 a child in this state without the concurrence of the individuals
9-21 with whom the child is proposed to be placed or the head of an
9-22 institution with which the child is proposed to be placed. <The
9-23 commissioner may not approve the discharge of a child placed in a
9-24 public institution in this state without the concurrence of the
9-25 head of the institution.>
9-26 Sec. 45.025. PLACEMENT IN ANOTHER STATE. A juvenile court
9-27 may place a delinquent child in an institution in another state as
9-28 provided by Article VI of the compact. After placement in another
9-29 state, the court retains jurisdiction of the child as provided by
9-30 Article V of the compact.
9-31 Sec. 45.026. PENALTIES <COMPACT ADMINISTRATOR>. (a) An
9-32 individual, agency, corporation, or child-care facility that
9-33 violates any provision of the compact commits an offense. An
9-34 offense under this subsection is a Class B misdemeanor.
9-35 (b) An individual, agency, corporation, or child-care
9-36 facility in this state that violates Article IV of the compact
9-37 commits an offense. An offense under this subsection is a Class B
9-38 misdemeanor. On conviction, the court shall revoke any license to
9-39 operate as a child-care facility or child-care institution issued
9-40 to the facility by the department and shall revoke any license or
9-41 certification of such individual, agency, or corporation necessary
9-42 to practice in the state. <The governor shall appoint the
9-43 commissioner as compact administrator. If the commissioner is
9-44 unable to attend a compact meeting, the commissioner may designate
9-45 a department employee to attend the meeting as the commissioner's
9-46 representative.>
9-47 <Sec. 45.028. NOTICE OF MEETINGS. For informational
9-48 purposes, the department shall file with the secretary of state
9-49 notice of compact meetings for publication in the Texas Register.>
9-50 SECTION 2. The importance of this legislation and the
9-51 crowded condition of the calendars in both houses create an
9-52 emergency and an imperative public necessity that the
9-53 constitutional rule requiring bills to be read on three several
9-54 days in each house be suspended, and this rule is hereby suspended,
9-55 and that this Act take effect and be in force from and after its
9-56 passage, and it is so enacted.
9-57 * * * * *