HB141 - Relating to the adoption of the revised Interstate Compact for the Placement of Children by the State of Texas; making conforming changes.

  89R21128 MM-D     By: Manuel, Orr H.B. No. 141       A BILL TO BE ENTITLED   AN ACT   relating to the adoption of the revised Interstate Compact for the   Placement of Children by the State of Texas; making conforming   changes.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1.  INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN          SECTION 1.01.  The heading of Subchapter B, Chapter 162,   Family Code, is amended to read as follows:   SUBCHAPTER B.  INTERSTATE COMPACT FOR [ ON ] THE PLACEMENT OF   CHILDREN          SECTION 1.02.  Subchapter B, Chapter 162, Family Code, is   amended by adding Section 162.1021 to read as follows:           Sec.   162.1021.     ADOPTION OF COMPACT; TEXT. The Interstate   Compact for the Placement of Children is adopted by this state and   entered into with all other jurisdictions in form substantially as   provided by this subchapter.   INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN   ARTICLE I.   PURPOSE           The purpose of this Interstate Compact for the Placement of   Children is to:           A.     Provide a process through which children subject to this   compact are placed in safe and suitable homes in a timely manner.           B.     Facilitate ongoing supervision of a placement, the   delivery of services, and communication between the states.           C.     Provide operating procedures that will ensure that   children are placed in safe and suitable homes in a timely manner.           D.     Provide for the promulgation and enforcement of   administrative rules implementing the provisions of this compact   and regulating the covered activities of the member states.           E.     Provide for uniform data collection and information   sharing between member states under this compact.           F.     Promote coordination between this compact, the   Interstate Compact for Juveniles, the Interstate Compact on   Adoption and Medical Assistance and other compacts affecting the   placement of and which provide services to children otherwise   subject to this compact.           G.     Provide for a state's continuing legal jurisdiction and   responsibility for placement and care of a child that it would have   had if the placement were intrastate.           H.     Provide for the promulgation of guidelines, in   collaboration with Indian tribes, for interstate cases involving   Indian children as is or may be permitted by federal law.   ARTICLE II.   DEFINITIONS           As used in this compact,           A.     "Approved placement" means the public child placing   agency in the receiving state has determined that the placement is   both safe and suitable for the child.           B.     "Assessment" means an evaluation of a prospective   placement by a public child placing agency in the receiving state to   determine if the placement meets the individualized needs of the   child, including but not limited to the child's safety and   stability, health and well-being, and mental, emotional, and   physical development.   An assessment is only applicable to a   placement by a public child placing agency.           C.     "Child" means an individual who has not attained the age   of eighteen (18).           D.     "Certification" means to attest, declare or swear to   before a judge or notary public.           E.     "Default" means the failure of a member state to perform   the obligations or responsibilities imposed upon it by this   compact, the bylaws or rules of the Interstate Commission.           F.     "Home Study" means an evaluation of a home environment   conducted in accordance with the applicable requirements of the   state in which the home is located, and documents the preparation   and the suitability of the placement resource for placement of a   child in accordance with the laws and requirements of the state in   which the home is located.           G.     "Indian tribe" means any Indian tribe, band, nation, or   other organized group or community of Indians recognized as   eligible for services provided to Indians by the Secretary of the   Interior because of their status as Indians, including any Alaskan   native village as defined in section 3 (c) of the Alaska Native   Claims settlement Act at 43 USC §1602(c).           H.     "Interstate Commission for the Placement of Children"   means the commission that is created under Article VIII of this   compact and which is generally referred to as the Interstate   Commission.           I.     "Jurisdiction" means the power and authority of a court   to hear and decide matters.           J.     "Legal Risk Placement" ("Legal Risk Adoption") means a   placement made preliminary to an adoption where the prospective   adoptive parents acknowledge in writing that a child can be ordered   returned to the sending state or the birth mother's state of   residence, if different from the sending state, and a final decree   of adoption shall not be entered in any jurisdiction until all   required consents are obtained or are dispensed with in accordance   with applicable law.           K.     "Member state" means a state that has enacted this   compact.           L.     "Non-custodial parent" means a person who, at the time of   the commencement of court proceedings in the sending state, does   not have sole legal custody of the child or has joint legal custody   of a child, and who is not the subject of allegations or findings of   child abuse or neglect.           M.     "Non-member state" means a state which has not enacted   this compact.           N.     "Notice of residential placement" means information   regarding a placement into a residential facility provided to the   receiving state including, but not limited to the name, date and   place of birth of the child, the identity and address of the parent   or legal guardian, evidence of authority to make the placement, and   the name and address of the facility in which the child will be   placed.   Notice of residential placement shall also include   information regarding a discharge and any unauthorized absence from   the facility.           O.     "Placement" means the act by a public or private child   placing agency intended to arrange for the care or custody of a   child in another state.           P.     "Private child placing agency" means any private   corporation, agency, foundation, institution, or charitable   organization, or any private person or attorney that facilitates,   causes, or is involved in the placement of a child from one state to   another and that is not an instrumentality of the state or acting   under color of state law.           Q.     "Provisional placement" means a determination made by   the public child placing agency in the receiving state that the   proposed placement is safe and suitable, and, to the extent   allowable, the receiving state has temporarily waived its standards   or requirements otherwise applicable to prospective foster or   adoptive parents so as to not delay the placement.   Completion of   the receiving state requirements regarding training for   prospective foster or adoptive parents shall not delay an otherwise   safe and suitable placement.           R.     "Public child placing agency" means any government child   welfare agency or child protection agency or a private entity under   contract with such an agency, regardless of whether they act on   behalf of a state, county, municipality or other governmental unit   and which facilitates, causes, or is involved in the placement of a   child from one state to another.           S.     "Receiving state" means the state to which a child is   sent, brought, or caused to be sent or brought.           T.     "Relative" means someone who is related to the child as a   parent, step- parent, sibling by half or whole blood or by adoption,   grandparent, aunt, uncle, or first cousin or a non-relative with   such significant ties to the child that they may be regarded as   relatives as determined by the court in the sending state.           U.     "Residential Facility" means a facility providing a   level of care that is sufficient to substitute for parental   responsibility or foster care, and is beyond what is needed for   assessment or treatment of an acute condition.   For purposes of the   compact, residential facilities do not include institutions   primarily educational in character, hospitals or other medical   facilities.           V.     "Rule" means a written directive, mandate, standard or   principle issued by the Interstate Commission promulgated pursuant   to Article XI of this compact that is of general applicability and   that implements, interprets or prescribes a policy or provision of   the compact.   "Rule" has the force and effect of an administrative   rule in a member state, and includes the amendment, repeal, or   suspension of an existing rule.           W.     "Sending state" means the state from which the placement   of a child is initiated.           X.     "Service member's permanent duty station" means the   military installation where an active duty Armed Services member is   currently assigned and is physically located under competent orders   that do not specify the duty as temporary.           Y.     "Service member's state of legal residence" means the   state in which the active duty Armed Services member is considered a   resident for tax and voting purposes.           Z.     "State" means a state of the United States, the District   of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin   Islands, Guam, American Samoa, the Northern Marianas Islands and   any other territory of the United States.           AA.     "State court" means a judicial body of a state that is   vested by law with responsibility for adjudicating cases involving   abuse, neglect, deprivation, delinquency or status offenses of   individuals who have not attained the age of eighteen (18).           BB.     "Supervision" means monitoring provided by the   receiving state once a child has been placed in a receiving state   pursuant to this compact.   ARTICLE III.   APPLICABILITY           A.     Except as otherwise provided in Article III, Section B,   this compact shall apply to:                 1.     The interstate placement of a child subject to   ongoing court jurisdiction in the sending state, due to allegations   or findings that the child has been abused, neglected, or deprived   as defined by the laws of the sending state, provided, however, that   the placement of such a child into a residential facility shall only   require notice of residential placement to the receiving state   prior to placement.                 2.     The interstate placement of a child adjudicated   delinquent or unmanageable based on the laws of the sending state   and subject to ongoing court jurisdiction of the sending state if:                       a.     the child is being placed in a residential   facility in another member state and is not covered under another   compact; or                       b.     the child is being placed in another member   state and the determination of safety and suitability of the   placement and services required is not provided through another   compact.                 3.     The interstate placement of any child by a public   child placing agency or private child placing agency as defined in   this compact as a preliminary step to a possible adoption.           B.  The provisions [Text truncated for display. 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