                                 CODE OF VIRGINIA

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN; FORM OF COMPACT (§ 63.2-1000)

The Governor of Virginia is hereby authorized and requested to execute, on
behalf of the Commonwealth of Virginia, with any other state or states legally
joining therein, a compact which shall be in form substantially as follows:		The
contracting states solemnly agree that:		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 of 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. &#8220;Child&#8221; means a person who, by reason of minority, is legally
subject to parental, guardianship or similar control.

b. &#8220;Sending agency&#8221; 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. &#8220;Receiving state&#8221; 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. &#8220;Placement&#8221; 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 individuals with mental illness,
intellectual disability, or epilepsy 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&#8217;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&#8217;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 cases 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&#8217;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 the 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,
step-parent, 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.

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.

HISTORY: 1975, c. 406, § 63.1-219.2; 2002, c. 747; 2012, cc. 476, 507.