It is generally agreed among member states that a home study is to be completed within 30 working days from the date the worker receives the request. In reality, the completion date is closer to 60 actual days. Approval from the receiving state is good for six months.
If no permanent placement is made within six months, the sending state must reapply. The question may arise as to whether a child is visiting another state or being placed in another state.
A visit is defined as having a beginning date and an ending date, and the court should expect the child to return to Washington. If a child is visiting another state, services are not likely available to them, and the state the child is visiting will not have approved a placement or made an evaluation of the appropriateness of the home. Further neither the child nor the home will be monitored.
The interstate commission shall promulgate rules consistent with the principles contained in the "government in sunshine act," 5 U. The interstate commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:.
The interstate commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question.
All documents considered in connection with any action shall be identified in such minutes. Such rulemaking shall substantially conform to the principles of the federal administrative procedure act, 5 U. All rules and amendments shall become binding as of the date specified in each rule or amendment. Not later than sixty days after a rule is promulgated, any interested person may file a petition in the United States district court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of such rule.
If the court finds that the interstate commission's action is not supported by substantial evidence, as defined in the APA , in the rulemaking record, the court shall hold the rule unlawful and set it aside. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states. The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in article XII b of this compact.
The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws.
However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the interstate commission. The initial effective date shall be the later of July 1, , or upon enactment into law by the thirty-fifth jurisdiction.
Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The proposal suggested may be meritorious; however, its fulfillment would require legislative supplementation of our present parole statutes. We are returning herewith the material submitted. Very truly yours,. AGO No. Attorney General Smith Troy. Child safety, permanency and well-being must be the focus throughout the home study process, supervision and ICPC closure.
ICPC Offices are responsible for monitoring licensed group care facilities as guided by the Compact: Approving placement prior to sending the child. Monitoring the facility while the child is placed there. Preventing abandonment of a child in a residential facility in another state. ICPC must be followed when a child is placed across state lines in the following situations: Relatives or foster care placements for public child welfare agencies.
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