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                               * * * * *