Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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Interstate Compact on the Placement of Children.§ 409.401

Chapter 409 · Part I · Social and Economic Assistance › Interstate Compacts · 2026 Florida Statutes

DCF forms citing it: CF 0791 ICP Financial Medical Plan · CF-FSP 5275 ICPC Motion for Order of Compliance under Regulation 2 · CF-FSP 5277 ICPC Motion for Order of Compliance and Expedited Placement under Regulation 7 · CF-FSP 5280 ICPC Order of Compliance with Regulation 2 · CF-FSP 5361 ICPC Motion for Order of Compliance under Regulation 1 · CF-FSP 5362 ICPC Order of Compliance with Regulation 1

36 opinions cite § 409.401

  1. Guardian ad Litem Program v. Department of Children & Families 5D2024-3280 · 5th DCA 2025

    Certiorari / writ denied This opinion cites § 409.401 12 times, the section generally

    Certiorari denied because binding Fellows precedent lets the receiving state rescind an ICPC placement; the court urged reconsidering Fellows.

    …Kentucky with that state’s consent pursuant to the Interstate Compact on the Placement of Children (“ICPC”), as enacted by the Florida Legislature in section 409.401, Florida Statutes (2024). DCF’s motion sought to modify B.G.’s placement away from his mother—with whom he and his sister had been reunified for several…

  2. Department of Children & Family Services v. L.G. 801 So. 2d 1047 · 1D01-1984 · 1st DCA 2001

    Certiorari / writ denied This opinion cites § 409.401 6 times, the section generally

    · cited by 12 in all courts

    Certiorari denied: ICPC Article III approval was not required for a mother with lawful custody to relocate her dependent child to Georgia.

    …notice from Georgia child welfare authorities "to the effect that the proposed placement does not appear to be contrary to the best interests of the child." § 409.401, art. III(d), Fla. Stat. (2000). But the ICPC requires no such notice when a Florida court has decided against foster care and adoption in favor of leaving a…

  3. D.R. v. J.R. 5D15-3927-2 · 5th DCA 2016

    Reversed & remanded This opinion cites § 409.401 5 times, the section generally

    Placement with the out-of-state father and release of jurisdiction reversed for failing to comply with the ICPC; court must decide whether children stay pending ICPC.

    …the children to be dependent. The children’s attorney indicated to the court that, at disposition, she would seek to have the children 1 See § 409.401, Fla. Stat. (2015). 2 The children, joined by the father, and DCF filed motions for rehearing.…

  4. Department of Children & Families v. C.T. 144 So. 3d 684 · 1D14-1300 · 1st DCA 2014

    Reversed This opinion cites § 409.401 5 times, the section generally

    · cited by 8 in all courts

    Order sending the children to the father in Maryland reversed: the ICPC applies when a court places dependent children with an out-of-state parent.

    …supervise the father for the next six months and that he would present himself for random urinalysis. The ICPC was adopted into Florida Statutes at section 409.401. It applies whenever a “sending agency,” which by definition includes a court of a party state, places a child in a “receiving state.” 2 “Placement” is…

  5. Department of Children & Families v. Fellows 895 So. 2d 1181 · 5D03-3261 · 5th DCA 2005

    Reversed & remanded This opinion cites § 409.401 5 times, the section generally

    · cited by 7 in all courts

    Order returning the child to an aunt in New Hampshire reversed because the ICPC required renewed approval after New Hampshire withdrew its placement approval.

    …the department argues that the trial court violated the ICPC by returning C.T. to the aunt over the opposition of the New Hampshire authorities. Section 409.401, Florida Statutes, Florida's codification of the ICPC, provides in Article III(d): The child shall not be sent, brought, or caused to be sent or brought…

  6. Department of Children & Families v. Benway 745 So. 2d 437 · 5D99-1343 · 5th DCA 1999

    This opinion cites § 409.401 5 times, the section generally

    · cited by 30 in all courts

    … DISCUSSION The purpose of the ICPC is to facilitate cooperation between participating states in the placement and monitoring of dependent children. § 409.401, Art. I(a)(d), Fla. Stat. (1997). The question of the ICPC's applicability to the out-of-state placement of a dependent child with a natural parent arises…

  7. D.R. v. J.R. 203 So. 3d 952 · 5D15-3927 · 5th DCA 2016

    Reversed & remanded This opinion cites § 409.401 4 times, the section generally

    · cited by 7 in all courts

    Placement with the out-of-state father and release of jurisdiction reversed for failing to comply with the ICPC; court must decide whether children stay pending ICPC.

    …(Fla. 3d DCA 2010) (quoting G.C. & D.C. v. Dep’t of Children & Families, 791 So.2d 17, 19 (Fla. 5th DCA 2001)). In relevant part, the ICPC provides: 409.401 Interstate Compact on the Placement of Children. [[Image here]] Article III Conditions for Placement. (a) No sending agency shall send, bring, or cause…

  8. State v. M.A. 215 So. 3d 1276 · 1D16-5873 · 1st DCA 2017

    Reversed & remanded This opinion cites § 409.401 3 times, the section generally

    Dismissal of the dependency case, effectively placing children with an out-of-state father, reversed because ICPC approval and a home study had not been obtained.

    … The Department claims error based on the lack of compliance with the Interstate Compact on the Placement of Children (ICPC) as required by section 409.401, Florida Statutes, and the lack of a home study of the father’s residence in Indiana. See §§ 39.521(3)(b), 39.522(1), Fla. Stat. (2016). We agree with the…

  9. In re D.N. 858 So. 2d 1087 · 2D03-844 · 2nd DCA 2003

    Affirmed This opinion cites § 409.401 3 times, the section generally

    · cited by 3 in all courts

    Order returning the children to their Hawaii father affirmed because the UCCJA and PKPA required enforcing his custody order; the ICPC did not override it.

    …to D.N. At that hearing, the Department raised no issues concerning compliance with the Interstate Compact on the Placement of Children (ICPC), section 409.401, Florida Statutes (2001). It did, however, continue to express its concerns that D.N. was an inappropriate caregiver, and it insisted that the two children…

  10. Department of Children & Families v. S.B. 274 So. 3d 1170 · 5D19-538 · 5th DCA 2019

    Certiorari / writ granted This opinion cites § 409.401 2 times, the section generally

    Certiorari granted quashing orders placing the child with an Alabama grandfather without ICPC compliance; the child may remain there pending the home study.

    …grandfather's home in Alabama, in compliance with the requirements of the Interstate Compact on the Placement of Children ("ICPC"), as provided in section 409.401, Florida Statutes (2018). 2 DCF sheltered Child pending an arraignment hearing on the petition. The ICPC home study was not completed before the scheduled…

  11. Department of Children & Families v. Adoption of X.X.G. 45 So. 3d 79 · 3D08-3044 · 3rd DCA 2010

    Affirmed This opinion cites § 409.401 2 times, the section generally

    · cited by 12 in all courts

    Florida's ban on adoption by gay people (s. 63.042(3)) has no rational basis; the foster father's adoption of two boys from foster care is affirmed.

    …for adopting "special needs" children); 409.167 (statewide adoption exchange); 409.1755 (recruitment of adoptive parents for African American children); 409.401 (Interstate Compact on the Placement of Children to facilitate interstate adoption). 35. In 2006, there were 3,535 children in State custody and waiting to…

  12. H.P. v. Department of Children & Families 838 So. 2d 583 · 5D02-1026 · 5th DCA 2003

    Reversed & remanded This opinion cites § 409.401 2 times, the section generally

    · cited by 28 in all courts

    Placement of the children with the Massachusetts mother vacated because the Interstate Compact applied and was not followed; court to decide interim residence.

    …So.2d 437 (Fla. 5th DCA 1999) was not dispositive of the instant case. 3. The delays inherent in the Interstate Compact on Placement of Children (ICPC), § 409.401, Fla. Stat. (2001) rendered it unconstitutional to the extent that it precludes or delays placement of children in the custody of a nonoffending parent when…

  13. Department of Children & Family Services v. J.C. 847 So. 2d 487 · 3D01-2620 · 3rd DCA 2002

    Certiorari / writ denied This opinion cites § 409.401 2 times, the section generally

    · cited by 8 in all courts

    DCF's petition denied; the court could review the adoptive placement and keep the child with his long-time caregiver pending hearing after DCF abruptly removed him.

    …branch of government." Id. at 899. I respectfully dissent. NOTES [1] The Interstate Compact on the Placement of Children ("ICPC") enacted by Section 409.401, Florida Statutes (2001), requires DCF to send written notification to a receiving state that "the proposed placement does not appear to be contrary to the…

  14. T.W.S. v. Dept. 466 So. 2d 387 · 1DAY-167 · 1st DCA 1985

    This opinion cites § 409.401 2 times, the section generally

    …the trial court to have the necessary paper work completed for implementation of the Interstate Compact on the Placement of Children, as mandated by section 409.401, Florida Statutes, the record does not indicate whether the Compact was ever complied with, although in August, 1983, the court was informed that three to six…

  15. T.W.S. v. Department of Health & Rehabilitative Services 466 So. 2d 387 · DCAAY-167 · District Court of Appeal 1985

    This opinion cites § 409.401 2 times, the section generally

    · cited by 4 in all courts

    …the trial court to have the necessary paper work completed for implementation of the Interstate Compact on the Placement of Children, as mandated by section 409.401, Florida Statutes, the record does not indicate whether the Compact was ever complied with, although in August, 1983, the court was informed that three to six…

  16. Department of Health & Rehabilitative Services v. J.M.L. 455 So. 2d 571 · 1DAW-493 · 1st DCA 1984

    This opinion cites § 409.401 2 times, the section generally

    · cited by 9 in all courts

    …with HRS. On May 25, 1983, HRS petitioned the trial court to enter an order of compliance with the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes; HRS informing the court that it wished to conduct a home study of the children's paternal grandparents, residents of Statenville, Georgia.…

  17. Department of Children & Families v. J.J. 4D2024-1266 · 4th DCA 2024

    Reversed & remanded This opinion cites § 409.401 1 time, the section generally

    Orders creating a permanent guardianship with an Ohio uncle were reversed for lack of notice, evidentiary hearing, section 39.6221 findings, home study and ICPC compliance.

    …the child’s attorney ad litem immediately filed a motion for order of compliance with the Interstate Compact for Placement of Children (“ICPC”), section 409.401, Florida Statutes (2023), and for modification of placement. The motion requested an ICPC home study for the uncle’s home in Ohio, and to modify the child’s…

  18. B.G. v. Department of Children & Families 189 So. 3d 305 · 4D15-3834 · 4th DCA 2016

    Reversed & remanded This opinion cites § 409.401 1 time, the section generally

    · cited by 5 in all courts

    Order relinquishing jurisdiction after placing the child with an out-of-state father vacated because it evaded the ICPC and denied the mother required dependency procedures.

    …and remanded. GERBER and LEVINE, JJ., concur. . The Interstate Compact on the Placement of Children ("ICPC”), codified at Florida Statutes sections 409.401-.409 (2015), is an agreement between signatory states to facilitate interstate placement of dependent and adoptive children. See generally Dep’t of Children…

  19. M.A.C. v. Department of Children & Families 73 So. 3d 327 · 1D11-3617 · 1st DCA 2011

    Reversed & remanded This opinion cites § 409.401 1 time, the section generally

    · cited by 4 in all courts

    Placement with an out-of-state father reversed on concession: ICPC approval and a home study were missing and the mother got no evidentiary hearing.

    …concurrence to that placement and, because it is otherwise required by Florida law before changing placement, a statutorily-compliant home study. See §§ 409.401 and 39.521(S)(b), Fla. Stat. There is no record evidence that either of these requirements was met as of the date of the hearing at issue and the court’s…

  20. R.F. v. Department of Children & Families 50 So. 3d 1243 · 4D10-4104 · 4th DCA 2011

    Certiorari / writ granted This opinion cites § 409.401 1 time, the section generally

    · cited by 5 in all courts

    Certiorari granted quashing an order returning a teen from his uncle's New York home; best interests allow staying there during ICPC review despite technical noncompliance.

    …the child to return to Florida because his continued stay in New York is in violation of the Interstate Compact on the Placement of Children (ICPC). § 409.401, Fla. Stat. (2010). R.F., a seventeen-year-old, is residing in New York with his uncle and aunt who have applied for guardianship. There is general agreement…

  21. Department of Children & Families v. T.T. 42 So. 3d 962 · 5D09-4652 · 5th DCA 2010

    Reversed & remanded This opinion cites § 409.401 1 time, the section generally

    · cited by 9 in all courts

    Orders reuniting children with an out-of-state mother and closing the case reversed because the court did not comply with the Interstate Compact.

    …and terminating the trial court’s jurisdiction because the orders do not comply with the Interstate Compact for the Placement of Children (“ICPC”), section 409.401, Florida Statutes (2009). M.R. and K.R. were five and two when they were adjudicated dependent due to domestic violence between their mother and her…

  22. Department of Children & Family Services v. S.D. 35 So. 3d 145 · 2D10-196 · 2nd DCA 2010

    This opinion cites § 409.401 1 time, the section generally

    · cited by 2 in all courts

    …S.D. and the guardian ad litem concede error. The trial court violated the Interstate Compact on the Placement of Children Act, codified at section 409.401, Florida Statutes (2009), by placing the children, J.D. and S.D., with their mother, S.D., in Alabama, prior to the completion of a home study and without…

  23. T.S. v. Department of Children & Families 992 So. 2d 299 · 5D08-1064 · 5th DCA 2008

    Certiorari / writ granted This opinion cites § 409.401 1 time, the section generally

    Order denying placement with the non-offending out-of-state father quashed because the court used the best-interest standard instead of the endangerment standard.

    …plan. The Department learned that the father, who lived in Ohio, desired to obtain custody of the child and initiated a study of his home pursuant to section 409.401, et seq., Florida Statutes (2007), the Interstate Compact on the Placement of Children ("ICPC"). The Department disapproved the first home study based upon…

  24. C.K. v. Department of Children & Families 949 So. 2d 336 · 4D06-3486 · 4th DCA 2007

    Affirmed in part, reversed in part This opinion cites § 409.401 1 time, the section generally

    · cited by 2 in all courts

    ICPC study required before placing child with out-of-state father was affirmed, but counseling and evaluation tasks were reversed for lack of evidentiary basis.

    … We affirm, however, the trial court's order as to the requirement that the father comply with the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes. The ICPC is an agreement between states that provides certain requirements for placement of children out-of-state. We disagree with the…

  25. In re K.M. 946 So. 2d 1214 · 2D06-713 · 2nd DCA 2006

    Reversed & remanded This opinion cites § 409.401 1 time, the section generally

    · cited by 3 in all courts

    Order giving long-term custody to the grandmother is appealable and was reversed because the court did not apply the nonoffending-parent placement statute or find endangerment.

    …based on the Father's request for possible placement of K.M. in his home, the court ordered that an Interstate Compact on the Placement of Children (ICPC; § 409.401 et seq., Fla. Stat. (2004)) study be undertaken on the Father's home in New York. Telephonic visitation between the Father and K.M., at the discretion of Safe…

  26. Department of Children & Family Services v. S.D. 921 So. 2d 801 · 1D05-5800 · 1st DCA 2006

    This opinion cites § 409.401 1 time, the section generally

    · cited by 1 in all courts

    PER CURIAM. Because the lower court violated the Interstate Compact on the Placement of Children, codified at section 409.401, Florida Statutes (2005), by placing the child, M.T. with her mother, S.D., in Georgia, which is not a “visit” under ICPC Regulation No. 9, without obtaining…

  27. Department of Children & Families v. J.H. 907 So. 2d 1275 · 5D04-2665 · 5th DCA 2005

    Certiorari / writ granted This opinion cites § 409.401 1 time, the section generally

    Order denying termination and returning the child to Alabama quashed for lacking findings, violating the Interstate Compact, and an inadequate record; new hearing ordered.

    …First, the direction to return the child, J.H., to her parents in Alabama was a violation of the Interstate Compact on the Placement of Children, Section 409.401, Florida Statutes (2004) because the receiving state must approve the transfer in advance. See Department of Children and Families v. Benway, 745 So.2d…

  28. E.B. v. Department of Children & Families 844 So. 2d 761 · 5D02-2916 · 5th DCA 2003

    Reversed & remanded This opinion cites § 409.401 1 time, the section generally

    Long-term custody with the grandmother vacated because the father was denied a chance to present evidence of case plan compliance; evidentiary hearing on reunification required.

    …the receiving state, must first approve the placement under the Interstate Compact on Placement of Children (“ICPC”) (codified in Florida as section *762 409.401, Art. I-Art. X, Florida Statutes). This court then ordered that A.B. remain in Florida until the Vermont authorities agree to A.B.’s placement in that state. …

  29. Department of Children & Families v. R.H. 819 So. 2d 858 · 5D01-2116 · 5th DCA 2002

    Reversed This opinion cites § 409.401 1 time, the section generally

    · cited by 13 in all courts

    Contempt order against DCF for not placing the child with an out-of-state aunt reversed because the court made no finding that DCF could comply.

    …filed with the court a motion seeking authorization to place R.H. with Jones pursuant to the Interstate Compact on the Placement of Children (ICPC), section 409.401, Florida Statutes. The court granted DCF's motion and ordered it to immediately commence the necessary procedures for the placement. In March 2001, DCF…

  30. In re M.A.D. 812 So. 2d 509 · 2D01-5312 · 2nd DCA 2002

    Other This opinion cites § 409.401 1 time, the section generally

    Other (stay pending appeal): DCF appeal of a denied termination does not automatically stay the children's return to the mother; trial court stay quashed.

    …children be sent to New York for a visit with G.S.C. pending approval of the placement through the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (2001). The Department then appealed the order denying the petition for termination of parental rights. After the notice of appeal was…

  31. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

    This opinion cites § 409.401 1 time, the section generally

    …the biological relatives could have proceeded with the adoption in New York State pursuant to the Interstate Compact on the Placement of Children, see § 409.401, Fla.Stat., with the blessing of HRS, but for the actions of the foster parents in refusing to abide by HRS's decision and their written agreement with HRS.…

  32. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

    This opinion cites § 409.401 1 time, the section generally

    · cited by 35 in all courts

    …the biological relatives could have proceeded with the adoption in New York State pursuant to the Interstate Compact on the Placement of Children, see § 409.401, Fla.Stat., with the blessing of HRS, but for the actions of the foster parents in refusing to abide by HRS’s decision and their written agreement with HRS.…

  33. Department of Health & Rehabilitative Services v. Wyers 539 So. 2d 540 · DCA88-2254 · District Court of Appeal 1989

    This opinion cites § 409.401 1 time, the section generally

    …the permanent custody of his stepgrandparents and relinquishing jurisdiction over B.J.A. violates the Interstate Compact oh the Placement of Children, Section 409.401, Florida Statutes (1987). B.J.A., born July 19, 1976, was adjudicated dependent while living with his natural mother and stepfather. 1 He was placed in the…

  34. Fowler v. Weeks 467 So. 2d 1106 · DCA83-1215 · District Court of Appeal 1985

    This opinion cites § 409.401 1 time, the section generally

    · cited by 1 in all courts

    …her consent as permitted by Pennsylvania law. Appellant also alleged that appellees violated the Interstate Compact on the Placement of Children, section 409.401, Florida Statutes (1980), when they transported the child to Florida without prior notice to the appropriate public authorities. The cause was ultimately…

  35. Petition of Fla. Bar, Rules of Juv. Proc. 462 So. 2d 399 · SC65103 · Florida Supreme Court 1984

    This opinion cites § 409.401 1 time, the section generally

    · cited by 8 in all courts

    …can be transferred pursuant to the Uniform Child Custody Jurisdiction Act, F.S. 61.1302 et seq., the Interstate Compact on the Placement of Children, F.S. 409.401 et seq., and the Interstate Compact on Juveniles, F.S. 39.51 et seq. Rule 8.540. Parties For the purpose of these rules the terms "party" and…

  36. Department of Health & Rehabilitative Services v. M.W. 424 So. 2d 56 · 1DAN-108 · 1st DCA 1982

    This opinion cites § 409.401 1 time, the section generally

    · cited by 4 in all courts

    …Services raises two issues: (1) whether the Juvenile Court violated the Interstate Compact on the Placement of Children, Article III(d), Section 409.401, Florida Statutes (1981), when it granted physical custody of M.W. to her parents in Texas, without Texas' consent; and (2) whether the Juvenile Court abused…

5 admin code rules cite § 409.401

DCF's rules in Chapter 65C, Florida Administrative Code, that cite it or name it as the law they implement.

  1. Rule 65C-15.037 Interstate Adoptions. Implements(2)
  2. Rule 65C-28.001 Definitions. Implements
  3. Rule 65C-30.001 Definitions. Implements
  4. Rule 65C-30.014 Post-Placement Supervision and Services. (8)
  5. Rule 65C-45.009 Changes During the Licensed Year for all Levels of Licensure (15)

3 CFOPs cite § 409.401

How DCF carries it out. A page opens in the CFOP reader with the citation highlighted.

  1. CFOP 170-1 Florida Child Welfare Practice Model p. 7
  2. CFOP 170-17 Services for Transitioning Youth and Young Adults p. 20
  3. CFOP 170-19 Interstate Compact On The Placement Of Children p. 3p. 14p. 15p. 24

Shading shows how often opinions cite each provision: rarely sometimes often most. Click a provision to list the opinions citing it.

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 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 or her 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 a parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or a 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 2 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. s. 1, ch. 74-317; s. 48, ch. 97-103; s. 2, ch. 2009-148.