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Texas Family Code - Section 162.102. Adoption Of Compact; Text

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§ 162.102. ADOPTION OF COMPACT;  TEXT.  The Interstate 
Compact on 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 ON THE PLACEMENT OF CHILDREN

ARTICLE I. PURPOSE AND POLICY
	It is the purpose and policy of the party states to cooperate 
with each other in the interstate placement of children to the end 
that:
		(a)  Each child requiring placement shall receive the 
maximum opportunity to be placed in a suitable environment and with 
persons or institutions having appropriate qualifications and 
facilities to provide a necessary and desirable degree and type of 
care.
		(b)  The appropriate authorities in a state where a 
child is to be placed may have full opportunity to ascertain the 
circumstances of the proposed placement, thereby promoting full 
compliance with applicable requirements for the protection of the 
child.
		(c)  The proper authorities of the state from which the 
placement is made may obtain the most complete information on the 
basis on which to evaluate a projected placement before it is made.
		(d)  Appropriate jurisdictional arrangements for the 
care of children will be promoted.

ARTICLE II. DEFINITIONS
	As used in this compact:                                                       
		(a)  "Child" means a person who, by reason of minority, 
is legally subject to parental, guardianship, or similar control.
		(b)  "Sending agency" means a party state, officer, or 
employee thereof;  a subdivision of a party state, or officer or 
employee thereof;  a court of a party state;  a person, corporation, 
association, charitable agency, or other entity which sends, 
brings, or causes to be sent or brought any child to another party 
state.
		(c)  "Receiving state" means the state to which a child 
is sent, brought, or caused to be sent or brought, whether by public 
authorities or private persons or agencies, and whether for 
placement with state or local public authorities or for placement 
with private agencies or persons.
		(d)  "Placement" means the arrangement for the care of 
a child in a family free or boarding home or in a child-caring 
agency or institution but does not include any institution caring 
for the mentally ill, mentally defective, or epileptic or any 
institution primarily educational in character, and any hospital or 
other medical facility.

ARTICLE III. CONDITIONS FOR PLACEMENT
	(a)  No sending agency shall send, bring, or cause to be sent 
or brought into any other party state any child for placement in 
foster care or as a preliminary to a possible adoption unless the 
sending agency shall comply with each and every requirement set 
forth in this article and with the applicable laws of the receiving 
state governing the placement of children therein.
	(b)  Prior to sending, bringing, or causing any child to be 
sent or brought into a receiving state for placement in foster care 
or as a preliminary to a possible adoption, the sending agency shall 
furnish the appropriate public authorities in the receiving state 
written notice of the intention to send, bring, or place the child 
in the receiving state.  The notice shall contain:
		(1)  the name, date, and place of birth of the child;                         
		(2)  the identity and address or addresses of the 
parents or legal guardian;
		(3)  the name and address of the person, agency, or 
institution to or with which the sending agency proposes to send, 
bring, or place the child;
		(4)  a full statement of the reasons for such proposed 
action and evidence of the authority pursuant to which the 
placement is proposed to be made.
	(c)  Any public officer or agency in a receiving state which 
is in receipt of a notice pursuant to Paragraph (b) of this article 
may request of the sending agency, or any other appropriate officer 
or agency of or in the sending agency's state, and shall be entitled 
to receive therefrom, such supporting or additional information as 
it may deem necessary under the circumstances to carry out the 
purpose and policy of this compact.
	(d)  The child shall not be sent, brought, or caused to be 
sent or brought into the receiving state until the appropriate 
public authorities in the receiving state shall notify the sending 
agency, in writing, to the effect that the proposed placement does 
not appear to be contrary to the interests of the child.

ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
	The sending, bringing, or causing to be sent or brought into 
any receiving state of a child in violation of the terms of this 
compact shall constitute a violation of the laws respecting the 
placement of children of both the state in which the sending agency 
is located or from which it sends or brings the child and of the 
receiving state.  Such violation may be punished or subjected to 
penalty in either jurisdiction in accordance with its laws.  In 
addition to liability for any such punishment or penalty, any such 
violation shall constitute full and sufficient grounds for the 
suspension or revocation of any license, permit, or other legal 
authorization held by the sending agency which empowers or allows 
it to place or care for children.

ARTICLE V. RETENTION OF JURISDICTION
	(a)  The sending agency shall retain jurisdiction over the 
child sufficient to determine all matters in relation to the 
custody, supervision, care, treatment, and disposition of the child 
which it would have had if the child had remained in the sending 
agency's state, until the child is adopted, reaches majority, 
becomes self-supporting, or is discharged with the concurrence of 
the appropriate authority in the receiving state.  Such 
jurisdiction shall also include the power to effect or cause the 
return of the child or its transfer to another location and custody 
pursuant to law.  The sending agency shall continue to have 
financial responsibility for support and maintenance of the child 
during the period of the placement.  Nothing contained herein shall 
defeat a claim of jurisdiction by a receiving state sufficient to 
deal with an act of delinquency or crime committed therein.
	(b)  When the sending agency is a public agency, it may enter 
into an agreement with an authorized public or private agency in the 
receiving state providing for the performance of one or more 
services in respect of such case by the latter as agent for the 
sending agency.
	(c)  Nothing in this compact shall be construed to prevent a 
private charitable agency authorized to place children in the 
receiving state from performing services or acting as agent in that 
state for a private charitable agency of the sending state;  nor to 
prevent the agency in the receiving state from discharging 
financial responsibility for the support and maintenance of a child 
who has been placed on behalf of the sending agency without 
relieving the responsibility set forth in Paragraph (a) hereof.

ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
	A child adjudicated delinquent may be placed in an 
institution in another party jurisdiction pursuant to this compact 
but no such placement shall be made unless the child is given a 
court hearing on notice to the parent or guardian with opportunity 
to be heard, prior to his being sent to such other party 
jurisdiction for institutional care and the court finds that:
		(1)  equivalent facilities for the child are not 
available in the sending agency's jurisdiction;  and
		(2)  institutional care in the other jurisdiction is in 
the best interest of the child and will not produce undue hardship.

ARTICLE VII. COMPACT ADMINISTRATOR
	The executive head of each jurisdiction party to this compact 
shall designate an officer who shall be general coordinator of 
activities under this compact in his jurisdiction and who, acting 
jointly with like officers of other party jurisdictions, shall have 
power to promulgate rules and regulations to carry out more 
effectively the terms and provisions of this compact.

ARTICLE VIII. LIMITATIONS
	This compact shall not apply to:                                               
		(a)  the sending or bringing of a child into a receiving 
state by his parent, stepparent, grandparent, adult brother or 
sister, adult uncle or aunt, or his guardian and leaving the child 
with any such relative or nonagency guardian in the receiving 
state;  or
		(b)  any placement, sending, or bringing of a child 
into a receiving state pursuant to any other interstate compact to 
which both the state from which the child is sent or brought and the 
receiving state are party, or to any other agreement between said 
states which has the force of law.

ARTICLE IX. ENACTMENT AND WITHDRAWAL
	This compact shall be open to joinder by any state, 
territory, or possession of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, and, with the consent of 
congress, the government of Canada or any province thereof.  It 
shall become effective with respect to any such jurisdiction when 
such jurisdiction has enacted the same into law.  Withdrawal from 
this compact shall be by the enactment of a statute repealing the 
same, but shall not take effect until two years after the effective 
date of such statute and until written notice of the withdrawal has 
been given by the withdrawing state to the governor of each other 
party jurisdiction.  Withdrawal of a party state shall not affect 
the rights, duties, and obligations under this compact of any 
sending agency therein with respect to a placement made prior to the 
effective date of withdrawal.

ARTICLE X. CONSTRUCTION AND SEVERABILITY
	The provisions of this compact shall be liberally construed 
to effectuate the purposes thereof.  The provisions of this compact 
shall be severable and if any phrase, clause, sentence, or 
provision of this compact is declared to be contrary to the 
constitution of any party state or of the United States or the 
applicability thereof to any government, agency, person, or 
circumstance is held invalid, the validity of the remainder of this 
compact and the applicability thereof to any government, agency, 
person, or circumstance shall not be affected thereby.  If this 
compact shall be held contrary to the constitution of any state 
party thereto, the compact shall remain in full force and effect as 
to the remaining states and in full force and effect as to the state 
affected as to all severable matters.

Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.  
Renumbered from V.T.C.A., Family Code § 162.108 and amended by 
Acts 1995, 74th Leg., ch. 846, § 3, eff. June 16, 1995.

Last modified: August 11, 2007