HB0285 - Adoption amendments.

 

2001

State of Wyoming

01LSO-0627

 

 

 

HOUSE BILL NO.  HB0285

 

 

Adoption amendments.

 

Sponsored by:  Representative(s) Luthi

 

 

A BILL

 

for

 

 1  AN ACT relating to amendments to the interstate compact on
 2  placement of children; defining parent for purposes of the
 3  act; allowing a sending state to determine certain matters
 4  relating to a child; specifying that the interstate compact
 5  on adoptions does not apply if no adoption agency is
 6  involved; and providing for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 14-5-101 is amended to read:

11 

12         14-5-101.  Compact provisions generally.

13 

14  The Interstate Compact on the Placement of Children is
15  enacted into law and entered into with all other
16  jurisdictions legally joining therein in form substantially
17  as follows:

 

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 1 

 2                   Article I. Definitions.

 3 

 4  As used in this compact:

 5 

 6         (a)  "Child" means a person who, by reason of
 7  minority, is legally subject to parental, guardianship or
 8  similar control.

 9 

10         (b)  "Sending agency" means a party state, or officer
11  or employee thereof; a subdivision of a party state, or
12  officer or employee thereof; a court of a party state; a
13  person, corporation, association, charitable agency or
14  other entity, but not including a parent, which sends,
15  brings, or causes to be sent or brought any child to
16  another party state.

17 

18         (c)  "Receiving state" means the state to which a
19  child is sent, brought, or caused to be sent or brought,
20  whether by public authorities or private persons or
21  agencies, but not including the child's parent, and whether
22  for placement with state or local public authorities or for
23  placement with private agencies or persons.

24 

 

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 1         (d)  "Placement" means the arrangement for the care of
 2  a child in a family free or boarding home or in a
 3  child-caring agency or institution but does not include any
 4  institution caring for the mentally ill, mentally defective
 5  or epileptic or any institution primarily educational in
 6  character, or a hospital or other medical facility.

 7 

 8         (e)  "Parent" means a child's father or mother or a
 9  parent by adoption whose parental rights have not been
10  judicially terminated.

11 

12              Article II. Conditions for Placement.

13 

14         (a)  No sending state agency shall send, bring, or
15  cause to be sent or brought into any other party state any
16  child for placement in foster care or as a preliminary to a
17  possible adoption unless the sending agency shall comply
18  with each and every requirement set forth in this article
19  and with the applicable laws of the receiving state
20  governing the placement of children therein.

21 

22         (b)  Prior to sending, bringing or causing any child
23  to be sent or brought into a receiving state for placement
24  in foster care or as a preliminary to a possible adoption,

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 1  the sending agency shall furnish the appropriate public
 2  authorities in the receiving state written notice of the
 3  intention to send, bring or place the child in the
 4  receiving state. The notice shall contain:

 5 

 6              (i)  The name, date and place of birth of the
 7  child.

 8 

 9              (ii)  The identity and address or addresses of
10  the parents or legal guardian.

11 

12              (iii)  The name and address of the person, agency
13  or institutions to or with which the sending agency
14  proposes to send, bring, or place the child.

15 

16              (iv)  A full statement of the reasons for such
17  proposed action and evidence of the authority pursuant to
18  which the placement is proposed to be made.

19 

20         (c)  Any public officer or agency in a receiving state
21  which is in receipt of a notice pursuant to paragraph (b)
22  of this article may request of the sending agency, or any
23  other appropriate officer or agency of or in the sending
24  agency's state, and shall be entitled to receive therefrom,

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 1  such supporting or additional information as it may deem
 2  necessary under the circumstances to carry out the purpose
 3  and policy of this compact.

 4 

 5         (d)  The child shall not be sent, brought or caused to
 6  be sent or brought into the receiving state until the
 7  appropriate public authorities in the receiving state shall
 8  notify the sending agency, in writing, to the effect that
 9  the proposed placement does not appear to be contrary to
10  the interests of the child, or in violation of the law of
11  the receiving state.

12 

13              Article III. Penalty for Illegal Placement.

14 

15  The sending, bringing, or causing to be sent or brought
16  into any receiving state of a child in violation of the
17  terms of this compact shall constitute a violation of the
18  laws respecting the placement of children of both the state
19  in which the sending agency is located or from which it
20  sends or brings the child and of the receiving state. Such
21  violation may be punished or subjected to penalty in either
22  jurisdiction in accordance with its laws. In addition to
23  liability for any such punishment or penalty, any such
24  violation shall constitute full and sufficient grounds for

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 1  the suspension or revocation of any license, permit, or
 2  other legal authorization held by the sending agency which
 3  empowers or allows it to place, or care for children.

 4 

 5              Article IV. Retention of Jurisdiction.

 6 

 7         (a)  The sending agency state shall retain
 8  jurisdiction over the child sufficient to determine all
 9  matters in relation to the custody, supervision, care,
10  treatment and disposition of the child which it would have
11  had if the child had remained in the sending agency's
12  state, until the child is adopted, reaches majority,
13  becomes self-supporting or is discharged with the
14  concurrence of the appropriate authority in the receiving
15  state. Such jurisdiction shall also include the power to
16  effect or cause the return of the child or its transfer to
17  another location and custody pursuant to law. The sending
18  agency shall continue to have financial responsibility for
19  support and maintenance of the child during the period of
20  the placement. Nothing contained herein shall defeat a
21  claim of jurisdiction by a receiving state sufficient to
22  deal with an act of delinquency or crime committed therein.

23 

 

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 1         (b)  When the sending agency is a public agency, it
 2  may enter into an agreement with an authorized public or
 3  private agency in the receiving state providing for the
 4  performance of one or more services in respect of such case
 5  by the latter as agent for the sending agency.

 6 

 7         (c)  Nothing in this compact shall be construed to
 8  prevent a private charitable agency authorized to place
 9  children in the receiving state from performing services or
10  acting as agent in that state for a private charitable
11  agency of the sending state; nor to prevent the agency in
12  the receiving state from discharging financial
13  responsibility for the support and maintenance of a child
14  who has been placed on behalf of the sending agency without
15  relieving the responsibility set forth in paragraph (a)
16  hereof.

17 

18         Article V. Institutional Care of Delinquent Children.

19 

20  A child adjudicated delinquent may be placed in an
21  institution in another party jurisdiction pursuant to this
22  compact but no such placement shall be made unless the
23  child is given a court hearing on notice to the parent or
24  guardian with opportunity to be heard, prior to his being

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 1  sent to such other party jurisdiction for institutional
 2  care and the court finds that:

 3 

 4         (a)  Equivalent facilities for the child are not
 5  available in the sending agency's jurisdiction; and

 6 

 7         (b)  Institutional care in the other jurisdiction is
 8  in the best interest of the child and will not produce
 9  undue hardship.

10 

11              Article VI. Compact Administrator.

12 

13  The executive head of each jurisdiction party to this
14  compact shall designate an officer who shall be general
15  coordinator of activities under this compact in his
16  jurisdiction and who, acting jointly with like officers or
17  other party jurisdictions, shall have power to promulgate
18  rules and regulations to carry out more effectively the
19  terms and provisions of this compact.

20 

21                   Article VII. Limitations.

22 

23  This compact shall not apply to:

24 

 

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 1         (a)  The sending or bringing of a child into a
 2  receiving state by his parents, step-parent, grandparent,
 3  adult brother or sister, adult uncle or aunt, or his
 4  guardian or the leaving of the child with any such relative
 5  or nonagency guardian in the receiving state.

 6 

 7         (b)  Any placement, sending or bringing of a child
 8  into a receiving state pursuant to any other interstate
 9  compact to which both the state from which the child is
10  sent or brought and the receiving state are party, or to
11  any other agreement between said states which has the force
12  of law.

13 

14         (c)  The sending or bringing of a child into a
15  receiving state by the child's parents and placement of the
16  child for adoption with persons seeking to adopt the child
17  where no adoption agency is involved in the placement.

18 

19              Article VIII. Enactment and Withdrawal.

20 

21  This compact shall be open to joinder by any state,
22  territory or possession of the United States, the District
23  of Columbia, the commonwealth of Puerto Rico, and with the
24  consent of congress, the government of Canada or any

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 1  province thereof. It shall become effective with respect to
 2  any such jurisdiction when such jurisdiction has enacted
 3  the same into law. Withdrawal from this compact shall be by
 4  the enactment of a statute repealing the same, but shall
 5  not take effect until two (2) years after the effective
 6  date of such statute and until written notice of the
 7  withdrawal has been given by the withdrawing state to the
 8  governor of each other party jurisdiction. Withdrawal of a
 9  party state shall not affect the rights, duties and
10  obligations under this compact of any sending agency
11  therein with respect to a placement made prior to the
12  effective date of withdrawal.

13 

14              Article IX. Construction and Severability.

15 

16  The provisions of this compact shall be liberally construed
17  to effectuate the purposes thereof. The provisions of this
18  compact shall be severable and if any phrase, clause,
19  sentence or provision of this compact is declared to be
20  contrary to the constitution of any party state or of the
21  United States or the applicability thereof to any
22  government, agency, person or circumstance is held invalid,
23  the validity of the remainder of this compact and the
24  applicability thereof to any government, agency, person or

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 1  be held contrary to the constitution of any state party
 2  thereto, the compact shall remain in full force and effect
 3  as to the remaining states and in full force and effect as
 4  to the state affected as to all severable matters.

 5 

 6         Section 2.  This act is effective July 1, 2001.

 7 

 8                         (END)

 

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