CHAPTER 49. CHILD WELFARE.
WVC 49 - 7 -
ARTICLE 7. INTERSTATE COOPERATION.
WVC 49 - 7 - 101
PART I. INTERSTATE COMPACT
ON THE PLACEMENT OF CHILDREN.
§49-7-101. Adoption of compact.
The interstate compact on the placement of children is hereby
enacted into law and entered into with all other jurisdictions
legally joining therein in form substantially as follows:
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
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
(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.
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 home 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
CONDITIONS FOR REPLACEMENT.
(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
(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 the 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, the 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.
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. A violation may be punished or subjected to
penalty in either jurisdiction in accordance with its laws. In
addition to liability for any punishment or penalty, a 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.
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. The 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 the case by the latter as agent for the
(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.
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
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 or her being sent to the 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.
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.
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving state
by his or her parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his or her guardian and leaving the child with a 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 the
states which has the force of law.
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 those jurisdictions when that other
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 the 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.
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.
WVC 49 - 7 - 102
§49-7-102. Definitions; implementation.
(a) Financial responsibility for any child placed pursuant to
the provisions of the Interstate Compact on the Placement of
Children shall be determined in accordance with the provisions of
Article V thereof in the first instance. However, in the event of
partial or complete default of performance thereunder, section one
hundred one, article two of this chapter may be invoked.
(b) The "appropriate public authorities" as used in Article
III of the Interstate Compact on the Placement of Children shall,
with reference to this state, mean the Department of Health and
Human Resources and the agency shall receive and act with reference
to notices required by Article III.
(c) As used in paragraph (a) of Article V of the Interstate
Compact on the Placement of Children, the phrase "appropriate
authority in the receiving state" with reference to this state
shall mean the Department of Health and Human Resources.
(d) The officers and agencies of this state and its
subdivisions having authority to place children are hereby
empowered to enter into agreements with appropriate officers or
agencies of or in other party states pursuant to paragraph (b) of
Article V of the Interstate Compact on the Placement of Children.
An agreement which contains a financial commitment or imposes a
financial obligation on this state or subdivision or agency thereof
is not binding unless it has the approval in writing of the Auditor
in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
(e) Any requirements for visitation, inspection or supervision
of children, homes, institutions or other agencies in another party
state which may apply under sections one hundred eight and one
hundred eleven, article two of this chapter shall be deemed to be
met if performed pursuant to an agreement entered into by
appropriate officers or agencies of this state or a subdivision
thereof as contemplated by paragraph (b) of Article V of the
Interstate Compact on the Placement of Children.
(f) Section one hundred nine, article two of this chapter does
not apply to placements made pursuant to the Interstate Compact on
the Placement of Children.
(g) Any court having jurisdiction to place delinquent children
may place a child in an institution of or in another state pursuant
to Article VI of the Interstate Compact on the Placement of
Children and shall retain jurisdiction as provided in Article V
(h) As used in Article VII of the interstate compact on the
placement of children, the term "executive head" means the
Governor. The Governor is hereby authorized to appoint a compact
administrator in accordance with the terms of that Article VII.
WVC 49 - 7 - 201
PART II. INTERSTATE ADOPTION ASSISTANCE COMPACT.
§49-7-201. Interstate adoption assistance compact; findings and
(a) The Legislature finds that:
(1) Finding adoptive families for children, for whom state
assistance is desirable pursuant to section one hundred twelve,
article four, of this chapter and assuring the protection of the
interests of the children affected during the entire assistance
period, require special measures when the adoptive parents move to
other states or are residents of another state; and
(2) Provision of medical and other necessary services for
children, with state assistance, encounters special difficulties
when the provision of services takes place in other states.
(b) The purposes of sections two hundred one through two
hundred four of this article are to:
(1) Authorize the Department of Health and Human Resources to
enter into interstate agreements with agencies of other states for
the protection of children on behalf of whom adoption assistance is
being provided by the Department of Health and Human Resources; and
(2) Provide procedures for interstate children's adoption
assistance payments, including medical payments.
WVC 49 - 7 - 202
§49-7-202. Interstate adoption assistance compacts authorized;
(a) The Department of Health and Human Resources is authorized
to develop, participate in the development of, negotiate and enter
into one or more interstate compacts on behalf of this state with
other states to implement one or more of the purposes set forth in
sections two hundred one through two hundred four of this article.
When so entered into, and for so long as it shall remain in force,
the compact shall have the force and effect of law.
(b) For the purposes of sections two hundred one through two
hundred four of this article, the term "state" means a state of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands, or a Territory or Possession of or administered by
the United States.
(c) For the purposes of sections two hundred one through two
hundred four of this article, the term "adoption assistance state"
means the state that is signatory to an adoption assistance
agreement in a particular case.
(d) For the purposes of sections two hundred one through two
hundred four of this article, the term "residence state" means the
state of which the child is a resident by virtue of the residence
of the adoptive parents.
WVC 49 - 7 - 203
§49-7-203. Interstate adoption assistance compact; contents of
A compact entered into pursuant to the authority conferred by
sections two hundred one through two hundred four of this article
shall have the following content:
(1) A provision making it available to joinder by all states.
(2) A provision or provisions for withdrawal from the compact
upon written notice to the parties, but with a period of one year
between the date of the notice and the effective date of the
(3) A requirement that the protections afforded by or pursuant
to the compact continue in force for the duration of the adoption
assistance and be applicable to all children and their adoptive
parents who on the effective date of the withdrawal are receiving
adoption assistance from a party state other than the one in which
they are resident and have their principal place of abode.
(4) A requirement that each instance of adoption assistance to
which the compact applies be covered by an adoption assistance
agreement in writing between the adoptive parents and the state
department which undertakes to provide the adoption assistance, and
further, that the agreement be expressly for the benefit of the
adopted child and enforceable by the adoptive parents, and the
state agency providing the adoption assistance.
(5) Other provisions as may be appropriate to implement the
proper administration of the compact.
WVC 49 - 7 - 204
§49-7-204. Medical assistance for children with special needs;
(a) A child with special needs resident in this state who is
the subject of an adoption assistance agreement with another state
shall be entitled to receive a medical assistance identification
from this state upon the filing in the Division of Human Services
of a certified copy of the adoption assistance agreement obtained
from the adoption assistance state. In accordance with regulations
of the Department of Health and Human Resources the adoptive
parents shall be required at least annually to show that the
agreement is still in force or has been renewed.
(b) The Department of Health and Human Resources shall
consider the holder of a medical assistance identification pursuant
to this section as any other holder of a medical assistance
identification under the laws of this state and shall process and
make payment on claims on account of the holder in the same manner
and pursuant to the same conditions and procedures as for other
recipients of medical assistance.
(c) The Department of Health and Human Resources shall provide
coverage and benefits for a child who is in another state and who
is covered by an adoption assistance agreement made by the
Department of Health and Human Resources for the coverage or
benefits, if any, not provided by the residence state. To this
end, the adoptive parents acting for the child may submit evidence
of payment for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there
may be no reimbursement for services or benefit amounts covered
under any insurance or other third party medical contract or
arrangement held by the child or the adoptive parents. The
Department of Health and Human Resources shall propose rules in
accordance with article three, chapter twenty-nine-a of this code
that are necessary to effectuate the requirements and purposes of
this section. The additional coverages and benefit amounts provided
pursuant to this section shall be for services to the cost of which
there is no federal contribution, or which, if federally aided, are
not provided by the residence state. Among other things, the
regulations shall include procedures to be followed in obtaining
prior approvals for services in those instances where required for
(d) Any person who submits a claim for payment or
reimbursement for services or benefits pursuant to this section or
the making of any statement in connection therewith, which claim of
statement the maker knows or should know to be false, misleading or
fraudulent is guilty of a felony and, upon conviction, shall be
fined not more than $10,000, or incarcerated in a correctional
facility not more than two years, or both fined and incarcerated.
(e) This section applies only to medical assistance for
children under adoption assistance agreements from states that have
entered into a compact with this state under which the other state
provides medical assistance to children with special needs under adoption assistance agreements made by this state. All other
children entitled to medical assistance pursuant to adoption
assistance agreements entered into by this state shall be eligible
to receive it in accordance with the laws and procedures applicable
WVC 49 - 7 - 301
PART III. INTERSTATE COMPACT FOR JUVENILES.
§49-7-301. Execution of interstate compact for juveniles.
The Governor of this state is authorized and directed to
execute a compact on behalf of the State of West Virginia with any
state or states of the United States legally joining therein, and
substantially as follows:
INTERSTATE COMPACT FOR JUVENILES
(a) The compacting states to this interstate compact recognize
that each state is responsible for the proper supervision or return
of juveniles, delinquents and status offenders who are on probation
or parole and who have absconded, escaped or run away from
supervision and control and in so doing have endangered their own
safety and the safety of others. The compacting states also
recognize that each state is responsible for the safe return of
juveniles who have run away from home and in doing so have left
their state of residence. The compacting states also recognize
that Congress, by enacting the Crime Control Act, 4 U.S.C. Section
112 (1965), has authorized and encouraged compacts for cooperative
efforts and mutual assistance in the prevention of crime.
(b) It is the purpose of this compact, through means of joint
and cooperative action among the compacting states:
(1) To ensure that the adjudicated juveniles and status
offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating
judge or parole authority in the sending state;
(2) To ensure that the public safety interests of the
citizens, including the victims of juvenile offenders, in both the
sending and receiving states are adequately protected;
(3) To return juveniles who have run away, absconded or
escaped from supervision or control or have been accused of an
offense to the state requesting their return;
(4) To make contracts for the cooperative institutionalization
in public facilities in member states for delinquent youth needing
(5) To provide for the effective tracking and supervision of
(6) To equitably allocate the costs, benefits and obligations
of the compacting states;
(7) To establish procedures to manage the movement between
states of juvenile offenders released to the community under the
jurisdiction of courts, juvenile departments, or any other criminal
or juvenile justice agency which has jurisdiction over juvenile
(8) To ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state
(9) To establish procedures to resolve pending charges
(detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact;
(10) To establish a system of uniform data collection on
information pertaining to juveniles subject to this compact that
allows access by authorized juvenile justice and criminal justice
officials, and regular reporting of compact activities to heads of
state executive, judicial, and legislative branches and juvenile
and criminal justice administrators;
(11) To monitor compliance with rules governing interstate
movement of juveniles and initiate interventions to address and
(12) To coordinate training and education regarding the
regulation of interstate movement of juveniles for officials
involved in the activity; and
(13) To coordinate the implementation and operation of the
compact with the interstate compact for the placement of children,
the interstate compact for adult offender supervision and other
compacts affecting juveniles, particularly in those cases where
concurrent or overlapping supervision issues arise.
(c) It is the policy of the compacting states that the
activities conducted by the interstate commission created herein
are the formation of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and
observe their individual and collective duties and responsibilities
for the prompt return and acceptance of juveniles subject to the
provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes
and policies of the compact.
As used in this compact, unless the context clearly requires
a different construction:
(a) "Bylaws" means those bylaws established by the interstate
commission for its governance, or for directing or controlling its
actions or conduct.
(b) "Compact administrator" means the individual in each
compacting state appointed pursuant to the terms of this compact,
responsible for the administration and management of the state's
supervision and transfer of juveniles subject to the terms of this
compact, the rules adopted by the interstate commission and
policies adopted by the state council under this compact.
(c) "Compacting state" means any state which has enacted the
enabling legislation for this compact.
(d) "Commissioner" means the voting representative of each
compacting state appointed pursuant to Article III of this compact.
(e) "Court" means any court having jurisdiction over
delinquent, neglected, or dependent children.
(f) "Deputy compact administrator" means the individual, if
any, in each compacting state appointed to act on behalf of a
compact administrator pursuant to the terms of this compact
responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this
compact, the rules adopted by the interstate commission and
policies adopted by the state council under this compact.
(g) "Interstate commission" means the interstate commission
for juveniles created by Article III of this compact.
(h) "Juvenile" means any person defined as a juvenile in any
member state or by the rules of the interstate commission,
(1) Accused delinquent - a person charged with an offense
that, if committed by an adult, would be a criminal offense;
(2) Adjudicated delinquent - a person found to have committed
an offense that, if committed by an adult, would be a criminal
(3) Accused status offender - a person charged with an offense
that would not be a criminal offense if committed by an adult;
(4) Adjudicated status offender - a person found to have
committed an offense that would not be a criminal offense if
committed by an adult; and
(i) Nonoffender - a person in need of supervision who has not
been accused or adjudicated a status offender or delinquent.
(j) "Noncompacting state" means any state which has not
enacted the enabling legislation for this compact.
(k) "Probation or parole" means any kind of supervision or
conditional release of juveniles authorized under the laws of the
(l) "Rule" means a written statement by the interstate
commission promulgated pursuant to Article VI of this compact that
is of general applicability, implements, interprets or prescribes
a policy or provision of the compact, or an organizational,
procedural, or practice requirement of the commission, and has the
force and effect of statutory law in a compacting state, and
includes the amendment, repeal, or suspension of an existing rule.
(m) "State" means a state of the United States, the District
of Columbia (or its designee), the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Northern
INTERSTATE COMMISSION FOR JUVENILES.
(a) The compacting states hereby create the "Interstate
Commission for Juveniles." The commission shall be a body
corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers and duties
set forth herein, and the additional powers as may be conferred
upon it by subsequent action of the respective Legislatures of the
compacting states in accordance with the terms of this compact.
(b) The interstate commission shall consist of commissioners
appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state and
in consultation with the state council for interstate juvenile
supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee
from that state who shall serve on the interstate commission in the
capacity under or pursuant to the applicable law of the compacting
(c) In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall
include individuals who are not commissioners, but who are members
of interested organizations. The noncommissioner members must
include a member of the national organizations of Governors,
legislators, state chief justices, attorneys general, interstate
compact for adult offender supervision, interstate compact for the
placement of children, juvenile justice and juvenile corrections
officials, and crime victims. All noncommissioner members of the
interstate commission shall be ex officio (nonvoting) members. The
interstate commission may provide in its bylaws for the additional
ex officio (nonvoting) members, including members of other national
organizations, in such numbers as shall be determined by the
(d) Each compacting state represented at any meeting of the
commission is entitled to one vote. A majority of the compacting
states shall constitute a quorum for the transaction of business,
unless a larger quorum is required by the bylaws of the interstate
(e) The commission shall meet at least once each calendar
year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call
additional meetings. Public notice shall be given of all meetings
and meetings shall be open to the public.
(f) The interstate commission shall establish an executive
committee, which shall include commission officers, members, and
others as determined by the bylaws. The executive committee shall
have the power to act on behalf of the interstate commission during
periods when the interstate commission is not in session, with the
exception of rule making and/or amendment to the compact. The
executive committee shall oversee the day-to-day activities of the
administration of the compact managed by an executive director and
interstate commission staff; administers enforcement and compliance
with the provisions of the compact, its bylaws and rules, and
performs other duties as directed by the interstate commission or
set forth in the bylaws.
(g) Each member of the interstate commission shall have the
right and power to cast a vote to which that compacting state is
entitled and to participate in the business and affairs of the
interstate commission. A member shall vote in person and shall not
delegate a vote to another compacting state. However, a
commissioner, in consultation with the state council, shall appoint
another authorized representative, in the absence of the
commissioner from that state, to cast a vote on behalf of the
compacting state at a specified meeting. The bylaws may provide
for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
(h) The interstate commission's bylaws shall establish
conditions and procedures under which the interstate commission
shall make its information and official records available to the
public for inspection or copying. The interstate commission may
exempt from disclosure any information or official records to the
extent they would adversely affect personal privacy rights or
(i) Public notice shall be given of all meetings and all
meetings shall be open to the public, except as set forth in the
rules or as otherwise provided in the compact. 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:
(1) Relate solely to the interstate commission's internal
personnel practices and procedures;
(2) Disclose matters specifically exempted from disclosure by
(3) Disclose trade secrets or commercial or financial
information which is privileged or confidential;
(4) Involve accusing any person of a crime, or formally
censuring any person;
(5) Disclose information of a personal nature where disclosure
would constitute a clearly unwarranted invasion of personal
(6) Disclose investigative records compiled for
(7) Disclose information contained in or related to
examination, operating or condition reports prepared by, or on
behalf of or for the use of, the interstate commission with respect
to a regulated person or entity for the purpose of regulation or
supervision of the person or entity;
(8) Disclose information, the premature disclosure of which
would significantly endanger the stability of a regulated person or
(9) Specifically relate to the interstate commission's
issuance of a subpoena, or its participation in a civil action or
other legal proceeding.
(j) For every meeting closed pursuant to subsection (i) of
this section, the interstate commission's legal counsel shall
publicly certify that, in the legal counsel's opinion, the meeting
may be closed to the public, and shall reference each relevant
exemptive provision. 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 therefore, 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 the minutes.
(k) The interstate commission shall collect standardized data
concerning the interstate movement of juveniles as directed through
its rules which shall specify the data to be collected, the means
of collection and data exchange and reporting requirements. The
methods of data collection, exchange and reporting shall insofar as
is reasonably possible conform to up-to-date technology and
coordinate its information functions with the appropriate
repository of records.
POWERS AND DUTIES OF THE INTERSTATE COMMISSION.
The interstate commission shall have the following powers and
(a) To provide for dispute resolution among compacting states.
(b) To promulgate rules to effect the purposes and obligations
as enumerated in this compact, which shall have the force and
effect of statutory law and shall be binding in the compacting
states to the extent and in the manner provided in this compact.
(c) To oversee, supervise and coordinate the interstate
movement of juveniles subject to the terms of this compact and any
bylaws adopted and rules promulgated by the interstate commission.
(d) To enforce compliance with the compact provisions, the
rules promulgated by the interstate commission, and the bylaws,
using all necessary and proper means, including, but not limited
to, the use of judicial process.
(e) To establish and maintain offices which shall be located within one or more of the compacting states.
(f) To purchase and maintain insurance and bonds.
(g) To borrow, accept, hire or contract for services of
(h) To establish and appoint committees and hire staff which
it deems necessary for the carrying out of its functions including,
but not limited to, an executive committee as required by Article
III which shall have the power to act on behalf of the interstate
commission in carrying out its powers and duties hereunder.
(i) To elect or appoint officers, attorneys, employees,
agents, or consultants, and to fix their compensation, define their
duties and determine their qualifications.
(j) To establish the interstate commission's personnel
policies and programs relating to, inter alia, conflicts of
interest, rates of compensation, and qualifications of personnel.
(k) To accept any and all donations and grants of money,
equipment, supplies, materials, and services, and to receive,
utilize, and dispose of it.
(l) To lease, purchase, accept contributions or donations of,
or otherwise to own, hold, improve or use any property, real,
personal, or mixed.
(m) To sell, convey, mortgage, pledge, lease, exchange,
abandon, or otherwise dispose of any property, real, personal or
(n) To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.
(o) To sue and be sued.
(p) To adopt a seal and bylaws governing the management and
operation of the interstate commission.
(q) To perform functions as may be necessary or appropriate to
achieve the purposes of this compact.
(r) To report annually to the Legislatures, Governors,
judiciary, and state councils of the compacting states concerning
the activities of the interstate commission during the preceding
year. Reports shall also include any recommendations that may have
been adopted by the interstate commission.
(s) To coordinate education, training and public awareness
regarding the interstate movement of juveniles for officials
involved in the activity.
(t) To establish uniform standards of the reporting,
collecting and exchanging of data.
(u) The interstate commission shall maintain its corporate
books and records in accordance with the bylaws.
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION.
Section A. Bylaws.
(a) The interstate commission shall, by a majority of the
members present and voting, within twelve months after the first
interstate commission meeting, adopt bylaws to govern its conduct
as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
(1) Establishing the fiscal year of the interstate commission;
(2) Establish an executive committee and the other committees
as may be necessary to;
(3) Provide for the establishment of committees governing any
general or specific delegation of any authority or function of the
(4) Provide reasonable procedures for calling and conducting
meetings of the interstate commission, and ensure reasonable notice
of each meeting;
(5) Establish the titles and responsibilities of the officers
of the interstate commission;
(6) Provide a mechanism for concluding the operations of the
interstate commission and the return of any surplus funds that may
exist upon the termination of the compact after the payment and/or
reserving of all of its debts and obligations.
(7) Providing "start-up" rules for initial administration of
the compact; and
(8) Establish standards and procedures for compliance and
technical assistance in carrying out the compact.
Section B. Officers and Staff.
(b) (1) The interstate commission shall, by a majority of the
members, elect annually from among its members a chairperson and a
vice chairperson, each of whom shall have the authority and duties
as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall
preside at all meetings of the interstate commission. The officers
so elected shall serve without compensation or remuneration from
the interstate commission; provided that, subject to the
availability of budgeted funds, the officers shall be reimbursed
for any ordinary and necessary costs and expenses incurred by them
in the performance of their duties and responsibilities as officers
of the interstate commission.
(2) The interstate commission shall, through its executive
committee, appoint or retain an executive director for such period,
upon terms and conditions and compensation as the interstate
commission may deem appropriate. The executive director shall
serve as secretary to the interstate commission, but shall not be
a member and shall hire and supervise other staff as may be
authorized by the interstate commission.
Section C. Qualified Immunity, Defense and Indemnification.
(c)(1) The commission's executive director and employees shall
be immune from suit and liability, either personally or in their
official capacity, for any claim for damage to or loss of property
or personal injury or other civil liability caused or arising out
of or relating to any actual or alleged act, error, or omission
that occurred, or that such person had a reasonable basis for
believing occurred within the scope of commission employment,
duties, or responsibilities; provided, that any such person shall
not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and
wanton misconduct of any such person.
(2) The liability of any commissioner, or the employee or
agent of a commissioner, acting within the scope of a person's
employment or duties for acts, errors, or omissions occurring
within such person's state may not exceed the limits of liability
set forth under the Constitution and laws of that state for state
officials, employees, and agents. Nothing in this subsection shall
be construed to protect a person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or
willful and wanton misconduct of a person.
(3) The interstate commission shall defend the executive
director or the employees or representatives of the interstate
commission and, subject to the approval of the Attorney General of
the state represented by any commissioner of a compacting state,
shall defend the commissioner or the commissioner's representatives
or employees in any civil action seeking to impose liability
arising out of any actual or alleged act, error or omission that
occurred within the scope of interstate commission employment,
duties or responsibilities, or that the defendant had a reasonable
basis for believing occurred within the scope of interstate
commission employment, duties, or responsibilities, provided that
the actual or alleged act, error, or omission did not result from
intentional or willful and wanton misconduct on the part of such
(4) The interstate commission shall indemnify and hold the
commissioner of a compacting state, or the commissioner's
representatives or employees, or the interstate commission's
representatives or employees, harmless in the amount of any
settlement or judgment obtained against such persons arising out of
any actual or alleged act, error, or omission that occurred within
the scope of interstate commission employment, duties, or
responsibilities, or that such persons had a reasonable basis for
believing occurred within the scope of interstate commission
employment, duties, or responsibilities, provided that the actual
or alleged act, error, or omission did not result from intentional
or willful and wanton misconduct on the part of such persons.
RULE-MAKING FUNCTIONS OF THE INTERSTATE COMMISSION.
(a) The interstate commission shall promulgate and publish
rules in order to effectively and efficiently achieve the purposes
of the compact.
(b) Rule making shall occur pursuant to the criteria set forth
in this article and the bylaws and rules adopted pursuant thereto.
Such rule making shall substantially conform to the principles of
the "Model State Administrative Procedures Act," 1981 Act, Uniform
Laws Annotated, Vol. 15, p.1 (2000), or such other administrative
procedures act, as the interstate commission deems appropriate
consistent with due process requirements under the U.S.
Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the
date specified, as published with the final version of the rule as
approved by the commission.
(c) When promulgating a rule, the interstate commission shall,
at a minimum:
(1) Publish the proposed rule's entire text stating the
reason(s) for that proposed rule;
(2) Allow and invite any and all persons to submit written
data, facts, opinions and arguments, which information shall be
added to the record, and be made publicly available;
(3) Provide an opportunity for an informal hearing if
petitioned by ten (10) or more persons; and
(4) Promulgate a final rule and its effective date, if
appropriate, based on input from state or local officials, or
(d) Allow, not later than sixty days after a rule is
promulgated, any interested person to 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 in the rule-making record, the court shall
hold the rule unlawful and set it aside. For purposes of this
subsection, evidence is substantial if it would be considered
substantial evidence under the Model State Administrative Procedures Act.
(e) If a majority of the Legislatures of the compacting states
rejects a rule, those states may, by enactment of a statute or
resolution in the same manner used to adopt the compact, cause that
such rule shall have no further force and effect in any compacting
(f) The existing rules governing the operation of the
"Interstate Compact on Juveniles" superceded by this article shall
be null and void twelve months after the first meeting of the
interstate commission created hereunder.
(g) Upon determination by the interstate commission that a
state-of-emergency exists, it may promulgate an emergency rule
which shall become effective immediately upon adoption, provided
that the usual rule-making procedures provided hereunder shall be
retroactively applied to the rule as soon as reasonably possible,
but no later than ninety days after the effective date of the
OVERSIGHT, ENFORCEMENT AND DISPUTE
SOLUTION BY THE INTERSTATE COMMISSION.
Section A. Oversight.
(a)(1) The interstate commission shall oversee the
administration and operations of the interstate movement of
juveniles subject to this compact in the compacting states and
shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
(2) The courts and executive agencies in each compacting state
shall enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent.
(3) The provisions of this compact and the rules promulgated
hereunder shall be received by all the judges, public officers,
commissions, and departments of the state government as evidence of
the authorized statute and administrative rules. All courts shall
take judicial notice of the compact and the rules.
(4) 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, it 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.
Section B. Dispute Resolution.
(b)(1) The compacting states shall report to the interstate
commission on all issues and activities necessary for the
administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its
bylaws and rules.
(2) The interstate commission shall attempt, upon the request
of a compacting state, to resolve any disputes or other issues
which are subject to the compact and which may arise among
compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation
and binding dispute resolution for disputes among the compacting
(3) The interstate commission, in the reasonable exercise of
its discretion, shall enforce the provisions and rules of this
compact using any or all means set forth in Article XI of this
(a) The interstate commission shall pay or provide for the
payment of the reasonable expenses of its establishment,
organization and ongoing activities.
(b) The interstate commission shall levy on and collect an
annual assessment from each compacting state to cover the cost of
the internal operations and activities of the interstate commission
and its staff which must be in a total amount sufficient to cover
the interstate commission's annual budget as approved each year.
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 each compacting state
and the volume of interstate movement of juveniles in each
compacting state and shall promulgate a rule binding upon all
compacting states which governs the assessment.
(c) The interstate commission shall not incur any obligations
of any kind prior to securing the funds adequate to meet the same; nor shall the interstate commission pledge the credit of any of the
compacting states, except by and with the authority of the
(d) The interstate commission shall keep accurate accounts of
all receipts and disbursements. 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 STATE COUNCIL.
Each member state shall create a state council for interstate
juvenile supervision. While each state may determine the
membership of its own state council, its membership must include at
least one representative from the legislative, judicial, and
executive branches of government, victims groups, and the compact
administrator, deputy compact administrator or designee. Each
compacting state retains the right to determine the qualifications
of the compact administrator or deputy compact administrator. Each
state council will advise and may exercise oversight and advocacy
concerning that state's participation in interstate commission
activities and other duties as may be determined by that state,
including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT.
(a) Any state, the District of Columbia (or its designee), the
Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Northern Marianas Islands as defined in
Article II of this compact is eligible to become a compacting
(b) The compact shall become effective and binding upon
legislative enactment of the compact into law by no less than
thirty-five of the states. The initial effective date shall be the
later of July 1, 2004, 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 Governors of nonmember states
or their designees shall be invited to participate in the
activities of the interstate commission on a nonvoting basis prior
to adoption of the compact by all states and territories of the
(c) The interstate commission may propose amendments to the
compact for enactment by the compacting states. No amendment shall
become effective and binding upon the interstate commission and the
compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT.
Section A. Withdrawal.
(a) (1)Once effective, the compact shall continue in force and
remain binding upon each and every compacting state; provided that
a compacting state may withdraw from the compact by specifically
repealing the statute which enacted the compact into law.
(2) The effective date of withdrawal is the effective date of
(3) The withdrawing state shall immediately notify the
chairperson of the interstate commission in writing upon the
introduction of legislation repealing this compact in the
withdrawing state. The interstate commission shall notify the
other compacting states of the withdrawing state's intent to
withdraw within sixty days of its receipt thereof.
(4) The withdrawing state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which
extend beyond the effective date of withdrawal.
(5) Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or
upon such later date as determined by the interstate commission.
Section B. Technical Assistance, Fines, Suspension, Termination
(b)(1) If the interstate commission determines that any
compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or
the bylaws or duly promulgated rules, the interstate commission may
impose any or all of the following penalties:
(A) Remedial training and technical assistance as directed by
the interstate commission;
(B) Alternative dispute resolution;
(C) Fines, fees, and costs in such amounts as are deemed to be
reasonable as fixed by the interstate commission; and
(D) Suspension or termination of membership in the compact
shall be imposed only after all other reasonable means of securing
compliance under the bylaws and rules have been exhausted and the
interstate commission has therefore determined that the offending
state is in default. Immediate notice of suspension shall be given
by the interstate commission to the Governor, the chief justice or
the chief judicial officer of the state, the majority and minority
leaders of the defaulting state's Legislature, and the state
(2) The grounds for default include, but are not limited to,
failure of a compacting state to perform such obligations or
responsibilities imposed upon it by this compact, the bylaws, or
duly promulgated rules and any other grounds designated in
commission bylaws and rules.
(3) The interstate commission shall immediately notify the
defaulting state in writing of the penalty imposed by the
interstate commission and of the default pending a cure of the default.
(4) The commission shall stipulate the conditions and the time
period within which the defaulting state must cure its default. If
the defaulting state fails to cure the default within the time
period specified by the commission, the defaulting state shall be
terminated from the compact upon an affirmative vote of a majority
of the compacting states and all rights, privileges and benefits
conferred by this compact shall be terminated from the effective
date of termination.
(5) Within sixty days of the effective date of termination of
a defaulting state, the commission shall notify the Governor, the
chief justice or chief judicial officer, the majority and minority
leaders of the defaulting state's Legislature, and the state
council of such termination.
(6) The defaulting state is responsible for all assessments,
obligations and liabilities incurred through the effective date of
termination including any obligations, the performance of which
extends beyond the effective date of termination.
(7) The interstate commission shall not bear any costs
relating to the defaulting state unless otherwise mutually agreed
upon in writing between the interstate commission and the
(8) Reinstatement following termination of any compacting
state requires both a reenactment of the compact by the defaulting
state and the approval of the interstate commission pursuant to the rules.
Section C. Judicial Enforcement.
(c) The interstate commission may, by majority vote of the
members, initiate legal action in the United States District Court
for the District of Columbia or, at the discretion of the
interstate commission, in the federal district where the interstate
commission has its offices, to enforce compliance with the
provisions of the compact, its duly promulgated rules and bylaws,
against any compacting state in default. In the event judicial
enforcement is necessary the prevailing party shall be awarded all
costs of such litigation including reasonable attorneys fees.
Section D. Dissolution of Compact.
(d)(1) The compact dissolves effective upon the date of the
withdrawal or default of the compacting state, which reduces
membership in the compact to one compacting state.
(2) Upon the dissolution of this compact, the compact becomes
null and void and shall be of no further force or effect, and the
business and affairs of the interstate commission shall be
concluded and any surplus funds shall be distributed in accordance
with the bylaws.
SEVERABILITY AND CONSTRUCTION.
(a) The provisions of this compact shall be severable, and if
any phrase, clause, sentence or provision is deemed unenforceable,
the remaining provisions of the compact shall be enforceable.
(b) The provisions of this compact shall be liberally
construed to effectuate its purposes.
BINDING EFFECT OF COMPACT AND OTHER LAWS.
Section A. Other Laws.
(a)(1) Nothing herein prevents the enforcement of any other
law of a compacting state that is not inconsistent with this
(2) All compacting states' laws other than state Constitutions
and other interstate compacts conflicting with this compact are
superseded to the extent of the conflict.
Section B. Binding Effect of the Compact.
(b)(1) All lawful actions of the interstate commission,
including all rules and bylaws promulgated by the interstate
commission, are binding upon the compacting states.
(2) All agreements between the interstate commission and the
compacting states are binding in accordance with their terms.
(3) Upon the request of a party to a conflict over meaning or
interpretation of interstate commission actions, and upon a
majority vote of the compacting states, the interstate commission
may issue advisory opinions regarding such meaning or
(4) In the event any provision of this compact exceeds the
constitutional limits imposed on the Legislature of any compacting
state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be
ineffective and such obligations, duties, powers or jurisdiction
shall remain in the compacting state and shall be exercised by the
agency thereof to which such obligations, duties, powers or
jurisdiction are delegated by law in effect at the time this
compact becomes effective.
WVC 49 - 7 - 302
§49-7-302. State council for interstate juvenile supervision;
(a) Upon the effective date of the interstate compact for
juveniles, there shall be created a state council for interstate
juvenile supervision. The state council shall be comprised of a
total of nine members, to be selected and designated as follows:
(1) Two members designated by the Legislature, one of whom
shall be named and appointed by the Speaker of the House, and the
other of whom shall be designated by the President of the Senate;
(2) Two members designated by the judiciary, both of whom
shall be named and appointed by the Chief Justice of the Supreme
Court of Appeals of West Virginia;
(3) The compact administrator or a designee of the compact
(4) Four members to be designated and appointed by the
Governor, two of whom must be representatives of state agencies
dealing with juvenile corrections, juvenile placement or juvenile
services, and one of whom must be a representative of a victims'
(b) Within ninety days of the effective date of this compact,
the state council shall meet and designate a commissioner who shall
represent the state as the compacting state's voting representative
under Article III of this compact.
(c) The state council will exercise oversight and advocacy
concerning West Virginia's participation in interstate commission activities and rule makings, and engage in other duties and
activities as determined by its members, including, but not limited
to, the development of policy concerning the operations and
procedures for implementing the compact and interstate commission
rules within West Virginia.
WVC 49 - 7 - 303
§49-7-303. Appointment of compact administrator.
(a) Upon and after the effective date of the interstate
compact for juveniles, the Governor is hereby authorized and
empowered to designate an officer who shall be the compact
administrator and who, acting jointly with like offices of the
other party states, shall be responsible for the administration and
management of this state's supervision and transfer of juveniles
subject to the terms of this compact, the rules adopted by the
interstate commission and the policies adopted by the state council
under this compact. The compact administrator shall serve subject
to the will and pleasure of the Governor, and must meet the minimum
qualifications for the position of compact administrator, as
established by the state council. The compact administrator is
hereby authorized, empowered and directed to cooperate with all
departments, agencies and officers of and in the government of this
state and its subdivisions in facilitating the proper
administration of the compact or of any supplementary agreement or
agreements entered into by this state hereunder.
(b) Until the state council has met and established minimum
qualifications for the position of compact administrator the
individual or administrator who has been designated to act as the
juvenile compact administrator for the interstate compact for
juveniles may perform the duties and responsibilities of compact
administrator under this article.
(c) Until the state council has met and designated a commissioner to vote on behalf of the State of West Virginia at the
interstate commission, the individual or administrator who has been
designated to act as the juvenile compact administrator for the
interstate compact for juveniles shall function as the acting
commissioner for the State of West Virginia before the interstate
commission formed under the new compact.
WVC 49 - 7 - 304
§49-7-304. Notification of the effective date of the interstate
compact for juveniles.
Within ten days of the date that the thirty-fifth state adopts
legislation approving this compact, the appointed or designated
juvenile compact administrator under section three hundred three,
article seven of this chapter shall advise the Governor, the Chief
Justice of the Supreme Court of Appeals of West Virginia, the
Speaker of the House of Delegates and the President of the Senate
of the effective date of this compact.
Note: WV Code updated with legislation passed through the 2015 Regular Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.