Under existing law, the interstate transportation of children for placement in foster care, as a preliminary to a possible adoption or for placement in a juvenile justice institution is governed by the Interstate Compact on the Placement of Children. The Compact prohibits a governmental entity or person from sending a child into another state for those purposes unless: (1) the governmental entity or person provides certain notice to the appropriate public authority in the state where the child is to be sent; and (2) that public authority notifies the sending governmental entity or person that the proposed placement does not appear to be contrary to the best interests of the child. The Compact provides that the governmental entity or person sending the child into another state retains jurisdiction over the child until the child is adopted, reaches majority, becomes self-supporting or is discharged with the concurrence of the appropriate authority in the state where the child is sent. The Compact also authorizes the sending of a child who has been adjudicated delinquent to an institution in another state only if: (1) equivalent facilities for the child are not available in the sending agency's jurisdiction; and (2) institutional care in the state where the child is sent is in the best interest of the child and will not produce undue hardship. (NRS 127.330) Sections 1 and 2 of this bill adopt and enter into a revised version of the Compact. That version of the Compact applies to the interstate placement of a child: (1) who is subject to child welfare proceedings in the sending state; (2) for juvenile justice purposes, if certain aspects of the placement are not covered by another interstate compact; or (3) by a public or private child placing agency as a preliminary step to a possible adoption. With certain exceptions, a sending state retains jurisdiction over such a child under the revised version of the Compact. However, the revised version of the Compact authorizes a sending state to terminate its jurisdiction under certain circumstances, including several circumstances where such jurisdiction is no longer necessary. If an issue of child protection or custody is brought before a court in the receiving state, the revised version of the Compact requires that court to confer with the court of the sending state to determine the most appropriate forum for adjudication. The revised version of the Compact: (1) requires that a public agency in a receiving state approve a placement before the child may be placed in that state; and (2) establishes a procedure for a receiving state to evaluate the safety and suitability of a proposed placement in that state. The revised version of the Compact assigns among various entities in the sending state and the receiving state, depending on the circumstances of the placement, the financial responsibility for a child placed in the receiving state and certain other duties. The revised version of the Compact additionally creates the Interstate Commission for the Placement of Children, which is a joint commission of member states. The revised version of the Compact requires the Interstate Commission to adopt rules governing the Compact, provide dispute resolution among member states, issue advisory opinions, enforce the Compact through legal action and perform various other duties in furtherance of the purposes of the Compact. The revised version of the Compact authorizes the Interstate Commission to levy an annual assessment on member states to cover the annual budget of the Interstate Commission. The version of the Compact set forth in existing law requires the executive head of each member jurisdiction to designate an officer to act as the administrator and general coordinator of activities under the compact. (NRS 127.330) Existing law accordingly requires the Governor to designate such an administrator and requires the administrator to perform certain duties related to the implementation of the Compact. (NRS 127.340, 127.350) The revised version of the Compact set forth in section 1 does not provide for an administrator but instead requires each member state to establish a central state compact office to ensure compliance with the Compact. Sections 3 and 4 of this bill transfer the responsibilities of the administrator to the central state compact office, and section 3 requires the Governor to appoint an executive head of the central state compact office. The revised version of the Compact becomes effective when it is enacted by at least 35 states. Currently, 18 states have enacted the revised version of the Compact. Section 11 of this bill repeals the original version of the Compact on the date on which the 35th state enacts the revised version of the Compact, thereby making that version effective. Sections 5-9 of this bill make conforming changes to require compliance with the revised version of the Compact when a child is placed in this State under certain circumstances to which the Compact applies.

Statutes affected:
As Introduced: 127.320, 127.340, 127.350, 200.4685, 424.260, 432B.390, 432B.480, 432B.550, 127.330
BDR: 127.320, 127.340, 127.350, 200.4685, 424.260, 432B.390, 432B.480, 432B.550, 127.330