AB705,7,2
148.99 Interstate Compact for the Placement of Children. (1) Article I
2- Purpose.
The purpose of this compact is to do all of the following:
AB705,7,43 (a) Provide a process through which children who are subject to this compact
4are placed in safe and suitable homes in a timely manner.
AB705,7,65 (b) Facilitate ongoing supervision of a placement, the delivery of services, and
6communication between the states.
AB705,7,87 (c) Provide operating procedures that will ensure that children are placed in
8safe and suitable homes in a timely manner.
AB705,7,119 (d) Provide for the promulgation and enforcement of administrative rules
10implementing the provisions of this compact and regulating the covered activities of
11the member states.
AB705,7,1312 (e) Provide for uniform data collection and information sharing between
13member states under this compact.
AB705,7,1714 (f) Promote coordination between this compact, the Interstate Compact for
15Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other
16compacts that affect the placement of, and provide services to, children who are
17otherwise subject to this compact.
AB705,7,2018 (g) Provide for a state to retain the continuing legal jurisdiction and
19responsibility for placement and care of a child that the state would have had if the
20placement were intrastate.
AB705,7,2321 (h) Provide for the promulgation of guidelines, in collaboration with Indian
22tribes, for interstate cases involving Indian children as is or may be permitted by
23federal law.
AB705,7,24 24(2) Article II - Definitions. As used in this compact:
AB705,8,2
1(a) "Approved placement" means a placement that the public child placing
2agency in the receiving state has determined to be both safe and suitable for the child.
AB705,8,73 (b) "Assessment" means an evaluation of a prospective placement by the public
4child placing agency in the receiving state to determine if the placement meets the
5individualized needs of the child, including the child's safety and stability, health and
6well-being, and mental, emotional, and physical development. An assessment is
7only applicable to a placement made by a public child placing agency.
AB705,8,88 (c) "Child" means a person who has not attained the age of 18 years.
AB705,8,109 (d) "Certification" means a statement attested, declared, or sworn to before a
10judge or notary public.
AB705,8,1311 (e) "Default" means the failure of a member state to perform the obligations or
12responsibilities imposed upon that state by this compact or by the bylaws or rules of
13the interstate commission.
AB705,8,1714 (f) "Home study" means an evaluation of a home environment conducted in
15accordance with the applicable requirements of the state in which the home is located
16that documents the preparation and suitability of the placement resource for
17placement of a child in accordance with the laws and requirements of that state.
AB705,8,2118 (g) "Indian tribe" means any Indian tribe, band, nation, or other organized
19group or community of Indians that is recognized as eligible for services provided to
20Indians by the U.S. secretary of the interior because of their status as Indians,
21including an Alaskan native village, as defined in 43 USC 1602 (c).
AB705,8,2322 (h) "Interstate commission" means the interstate commission for the
23placement of children established under sub. (8) (a).
AB705,8,2524 (i) "Jurisdiction" means the power and authority of a court to hear and decide
25matters.
AB705,9,6
1(j) "Legal risk placement" means a placement of a child made preliminary to
2an adoption in which the prospective adoptive parents acknowledge in writing that
3the child can be ordered to be returned to the sending state or the birth mother's state
4of residence, if different from the sending state, and in which a final decree of
5adoption may not be entered in any jurisdiction until all required consents are
6obtained or are dispensed with in accordance with applicable law.
AB705,9,87 (k) "Member state" means a state that has enacted the enabling legislation for
8this compact.
AB705,9,129 (L) "Noncustodial parent" means a person who, at the time of the
10commencement of court proceedings in the sending state, does not have sole legal
11custody of the child or has joint legal custody of the child, and who is not the subject
12of allegations or findings of child abuse or neglect.
AB705,9,1413 (m) "Nonmember state" means a state that has not enacted the enabling
14legislation for this compact.
AB705,9,2115 (n) "Notice of residential placement" means information regarding a placement
16into a residential facility that is provided to the receiving state including the name,
17date, and place of birth of the child, the identity and address of the child's parent or
18legal guardian, evidence of the authority to make the placement, and the name and
19address of the facility in which the child will be placed. Notice of residential
20placement also includes information regarding a discharge and any unauthorized
21absence from the facility.
AB705,9,2322 (o) "Placement" means the act by a public or private child placing agency that
23is intended to arrange for the care or custody of a child in another state.
AB705,9,2524 (p) "Private child placing agency" means any private corporation, agency,
25foundation, institution, or charitable organization, or any private person or attorney,

1that facilitates, causes, or is involved in the placement of a child from one state to
2another state and that is not an instrumentality of the state or acting under color of
3state law.
AB705,10,104 (q) "Provisional placement" means a proposed placement that the public child
5placing agency in the receiving state has determined to be safe and suitable and with
6respect to which the receiving state, to the extent allowable, has temporarily waived
7its standards or requirements that are otherwise applicable to prospective foster or
8adoptive parents so as to not delay the placement. Completion of the receiving state's
9requirements regarding training for prospective foster or adoptive parents shall not
10delay an otherwise safe and suitable placement.
AB705,10,1511 (r) "Public child placing agency" means any government child welfare agency
12or child protection agency or a private entity under contract with such an agency,
13regardless of whether the agency or entity acts on behalf of a state, county,
14municipality, or other governmental unit, that facilitates, causes, or is involved in
15the placement of a child from one state to another state.
AB705,10,1716 (s) "Receiving state" means the state to which a child is sent, brought, or caused
17to be sent or brought.
AB705,10,2118 (t) "Relative" means a person who is related to the child as a parent, stepparent,
19sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin
20or a nonrelative with such significant ties to the child that the nonrelative may be
21regarded as a relative as determined by the court in the sending state.
AB705,11,222 (u) "Residential facility" means a facility providing a level of care that is
23sufficient to substitute for parental responsibility or foster care and that is beyond
24what is needed for assessment or treatment of an acute condition. For purposes of

1this compact, residential facilities do not include institutions that are primarily
2educational in character, hospitals, or other medical facilities.
AB705,11,83 (v) Except as provided in sub. (11) (g), "rule" means a written directive,
4mandate, standard, or principle issued by the interstate commission and
5promulgated under sub. (11) that is of general applicability; that implements,
6interprets, or prescribes a policy or provision of the compact; and that has the force
7and effect of an administrative rule in a member state. "Rule" includes the
8amendment, repeal, or suspension of an existing rule.
AB705,11,109 (w) "Sending state" means the state from which the placement of a child is
10initiated.
AB705,11,1311 (x) "Service member's permanent duty station" means the military installation
12where an active duty U.S. armed services member is currently assigned and is
13physically located under competent orders that do not specify the duty as temporary.
AB705,11,1614 (y) "Service member's declared state of legal residence" means the state in
15which an active duty U.S. armed services member is considered a resident for tax and
16voting purposes.
AB705,11,2017 (z) "State" means a state of the United States, the District of Columbia, the
18Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
19Samoa, the Northern Marianas Islands, or any other territorial possession of the
20United States.
AB705,11,2321 (zg) "State court" means a judicial body of a state that is vested by law with
22responsibility for adjudicating cases involving abuse, neglect, deprivation,
23delinquency, or status offenses of children.
AB705,11,2524 (zr) "Supervision" means monitoring provided by a receiving state once a child
25has been placed in the receiving state under this compact.
AB705,12,2
1(3) Article III - Applicability. (a) Except as otherwise provided in par. (b), this
2compact shall apply to all of the following:
AB705,12,73 1. The interstate placement of a child who is subject to ongoing court
4jurisdiction in a sending state due to allegations or findings that the child has been
5abused, neglected, or deprived, as defined by the laws of the sending state, except
6that the placement of such a child into a residential facility shall only require notice
7of residential placement to the receiving state prior to placement.
AB705,12,108 2. The interstate placement of a child who has been adjudicated delinquent or
9unmanageable based on the laws of a sending state and who is subject to the ongoing
10court jurisdiction of the sending state if any of the following apply:
AB705,12,1211 a. The child is being placed in a residential facility in another member state and
12is not covered under another compact.
AB705,12,1513 b. The child is being placed in another member state and the determination of
14safety and suitability of the placement and services required is not provided through
15another compact.
AB705,12,1716 3. The interstate placement of any child by a public child placing agency or
17private child placing agency as a preliminary step to a possible adoption.
AB705,12,1818 (b) This compact shall not apply to any of the following:
AB705,12,2119 1. The interstate placement of a child in a custody proceeding in which a public
20child placing agency is not a party so long as the placement is not intended to
21effectuate on adoption.
AB705,12,2422 2. The interstate placement of a child with a nonrelative in a receiving state
23by a parent with the legal authority to make such a placement so long as the
24placement is not intended to effectuate an adoption.
AB705,13,2
13. The interstate placement of a child by a relative with the legal authority to
2make such a placement directly with another relative in a receiving state.
AB705,13,43 4. The placement of a child who is not subject to par. (a) into a residential
4treatment facility by his or her parent.
AB705,13,65 5. The placement of a child with a noncustodial parent if all of the following
6apply:
AB705,13,87 a. The noncustodial parent proves to the satisfaction of a court in the sending
8state that he or she has a substantial relationship with the child.
AB705,13,109 b. The court in the sending state makes a written finding that placement with
10the noncustodial parent is in the best interests of the child.
AB705,13,1211 c. For a placement in a proceeding in which a public child placing agency is a
12party, the court in the sending state dismisses its jurisdiction over the proceeding.
AB705,13,1513 6. A child entering the United States from a foreign country for the purpose of
14adoption in this country or leaving the United States to go to a foreign country for
15the purpose of adoption in that country.
AB705,13,1816 7. Cases in which a child who is a United States citizen living overseas with his
17or her family, at least one member of which is in the U.S. armed services and
18stationed overseas, is removed and placed in a state.
AB705,13,2119 8. The sending of a child by a public child placing agency or a private child
20placing agency to another state for a visit, as defined by the rules promulgated by the
21interstate commission.
AB705,14,222 (c) For purposes of determining the applicability of this compact to the
23placement of a child with a family member who is in the U.S. armed services, the
24public child placing agency or private child placing agency may choose the state of

1the service member's permanent duty station or the service member's declared state
2of legal residence.
AB705,14,103 (d) Nothing in this compact shall be construed to prohibit the concurrent
4application of this compact with other applicable interstate compacts including the
5Interstate Compact for Juveniles and the Interstate Compact on Adoption and
6Medical Assistance. The interstate commission may, in cooperation with other
7interstate compact commissions having responsibility for the interstate movement,
8placement, or transfer of children, promulgate like rules to ensure the coordination
9of services, the timely placement of children, and the reduction of unnecessary or
10duplicative administrative or procedural requirements.
AB705,14,18 11(4) Article IV - Jurisdiction. (a) Except as provided in par. (h), except when
12sub. (5) (b) 2. or 3. applies in a private or independent adoption, and except for an
13interstate placement in a custody proceeding in which a public child placing agency
14is not a party, the sending state shall retain jurisdiction over a child with respect to
15all matters of custody and disposition of the child over which the sending state would
16have had jurisdiction if the child had remained in the sending state. That
17jurisdiction shall also include the power to order the return of the child to the sending
18state.
AB705,14,2119 (b) When an issue of child protection or custody is brought before a court in the
20receiving state, that court shall confer with the court of the sending state to
21determine the most appropriate forum for adjudication.
AB705,15,322 (c) In a case subject to this compact that is before a court, the taking of
23testimony for a hearing before a judicial officer may occur in person or by telephone,
24by audio-video conference, or by such other means as may be approved by the rules
25of the interstate commission. A judicial officer may communicate with another

1judicial officer or with any other person involved in the interstate process as may be
2permitted by the codes of judicial conduct governing those judicial officers and any
3rules promulgated by the interstate commission.
AB705,15,54 (d) In accordance with its own laws, the court in the sending state may
5terminate its jurisdiction if any of the following apply:
AB705,15,86 1. The child is reunified with the parent in the receiving state who is the subject
7of allegations or findings of abuse or neglect, but only with the concurrence of the
8public child placing agency in the receiving state.
AB705,15,99 2. The child is adopted.
AB705,15,1010 3. The child reaches the age of majority under the laws of the sending state.
AB705,15,1111 4. The child achieves legal independence under the laws of the sending state.
AB705,15,1312 5. A guardianship is created by a court in the receiving state with the
13concurrence of the court in the sending state.
AB705,15,1514 6. An Indian tribe has petitioned for and received jurisdiction from the court
15in the sending state.
AB705,15,1816 7. The public child placing agency of the sending state requests termination of
17the jurisdiction of the court in the sending state and has obtained the concurrence
18of the public child placing agency in the receiving state.
AB705,15,2019 (e) When a sending state court terminates its jurisdiction, the receiving state
20child placing agency shall be notified.
AB705,15,2421 (f) Nothing in this subsection shall defeat a claim of jurisdiction by a receiving
22state court sufficient to deal with an act of truancy, delinquency, crime, or behavior
23involving a child, as defined by the laws of the receiving state, committed by the child
24in the receiving state that would be a violation of the laws of the receiving state.
AB705,16,2
1(g) Nothing in this subsection shall limit the receiving state's ability to take
2emergency jurisdiction for the protection of the child.
AB705,16,73 (h) The substantive laws of the state in which an adoption of a child will be
4finalized shall solely govern all issues relating to the adoption of a child and the court
5in which the adoption proceeding is filed shall have subject matter jurisdiction
6regarding all substantive issues relating to the adoption, except when any of the
7following applies:
AB705,16,98 1. The child is a ward of another court that established jurisdiction over the
9child prior to the placement.
AB705,16,1010 2. The child is in the legal custody of a public agency in the sending state.
AB705,16,1311 3. A court in the sending state has otherwise appropriately assumed
12jurisdiction over the child prior to the submission of the request for approval of the
13placement.
AB705,16,1614 (i) A final decree of adoption shall not be entered in any jurisdiction until the
15placement is authorized as an approved placement by the public child placing agency
16in the receiving state.
AB705,16,20 17(5) Article V - Placement evaluation. (a) Before sending, bringing, or causing
18a child to be sent or brought into a receiving state, the public child placing agency
19of the sending state shall provide a written request for assessment to the receiving
20state.
AB705,17,221 (b) For a placement by a private child placing agency, a child may be sent or
22brought, or caused to be sent or brought, into a receiving state upon receipt and
23immediate review of the required content of a request for approval of the placement
24by the public child placing agencies of both the sending state and the receiving state.

1The required content that must accompany that request for approval shall include
2all of the following:
AB705,17,53 1. A request for approval of the placement signed by the person requesting the
4approval that identifies the child, the birth parents, the prospective adoptive
5parents, and the supervising agency.
AB705,17,86 2. The appropriate consents or relinquishments signed by the birth parents in
7accordance with the laws of the sending state or, where permitted, the laws of the
8state where the adoption will be finalized.
AB705,17,129 3. Certification by a licensed attorney or authorized agent of a private adoption
10agency that the consent or relinquishment is in compliance with the applicable laws
11of the sending state or, where permitted, the laws of the state where the adoption will
12be finalized.
AB705,17,1313 4. A home study.
AB705,17,1514 5. An acknowledgment signed by the prospective adoptive parents that the
15placement is a legal risk placement.
AB705,17,2116 (c) The sending state and the receiving state may request additional
17information or documentation prior to finalization of an approved placement, but the
18sending state and receiving state may not delay travel by the prospective adoptive
19parents with the child if the required content under par. (b) 1. to 5. has been
20submitted, received, and reviewed by the public child placing agencies in both the
21sending state and the receiving state.
AB705,17,2422 (d) The approval of the public child placing agency in the receiving state for a
23provisional placement or an approved placement is required as provided for in the
24rules of the interstate commission.
AB705,18,3
1(e) The request for assessment shall contain all information and be in such form
2as provided for in the rules of the interstate commission and the procedures for
3making a request shall be as provided in those rules.
AB705,18,94 (f) Upon receipt of a request from the public child placing agency of the sending
5state, the receiving state shall initiate an assessment of the proposed placement to
6determine the safety and suitability of that placement. If the proposed placement
7is a placement with a relative, the public child placing agency of the sending state
8may request a determination of whether the placement qualifies as a provisional
9placement.
AB705,18,1310 (g) The public child placing agency in the receiving state may request from the
11public child placing agency or the private child placing agency in the sending state,
12and shall be entitled to receive, supporting or additional information as necessary
13to complete the assessment or approve the placement.
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