Title 33, Human Services

§ 5313. Timelines for pretrial and merits hearing (a) Pretrial hearing. At the time of the temporary care hearing or at the preliminary hearing on the petition if there is no request for temporary legal custody, the court shall set a pretrial hearing on the petition. The hearing …

§ 5314. Filing of initial case plan (a) If a temporary care order is issued transferring legal custody of the child to the Commissioner, the Department shall prepare and file with the court an initial case plan for the child and the family within 60 days of removal of a child fro…

§ 5315. Merits adjudication (a) At a hearing on the merits of a petition, the State shall have the burden of establishing by a preponderance of the evidence that the child is in need of care and supervision. In its discretion, the court may make findings by clear and convincing e…

§ 5315a. Merits stipulation (a) At any time after the filing of the CHINS petition and prior to an order of adjudication on the merits, the court may approve a written stipulation to the merits of the petition and any or all elements of the disposition plan, including the permane…

§ 5316. Disposition case plan (a) Following a finding by the court that a child is in need of care or supervision, the Department shall file a disposition case plan ordered pursuant to subsection 5315(g) of this title not later than seven business days before the scheduled dispos…

§ 5317. Disposition hearing (a) Timeline. A disposition hearing shall be held no later than 35 days after a finding that a child is in need of care and supervision. (b) Hearing procedure. If disposition is contested, all parties shall have the right to present evidence and examin…

§ 5318. Disposition order (a) Custody. At disposition, the court shall make such orders related to legal custody for a child who has been found to be in need of care and supervision as the court determines are in the best interests of the child, including: (1) An order continuing…

§ 5319. Parent-child contact and contact with siblings and relatives (a) The court shall order parent-child contact unless the court finds that it is necessary to deny parent-child contact because the protection of the physical safety or emotional well-being of the child so requi…

§ 5320. Postdisposition review hearing The court shall hold a review hearing within 60 days of the date of the disposition order for the purpose of monitoring progress under the disposition case plan and reviewing parent-child contact. Notice of the review shall be provided to al…

§ 5320a. Duration of conditional custody orders postdisposition (a) Conditional custody orders to parents. Whenever the court issues a conditional custody order transferring custody to a parent either at or following disposition, the presumptive duration of the order shall be no …

§ 5321. Permanency hearing (a) Purpose. Unless otherwise specified therein, an order under the authority of this chapter transferring legal custody or residual parental rights and responsibilities of a child to the Department pursuant to subdivision 5318(a)(4) or (5) of this titl…

§ 5322. Placement of a child in a facility used for treatment of delinquent children A child found by the court to be a child in need of care and supervision shall not be placed in or transferred to an institution used solely for the treatment or rehabilitation of delinquent chil…

§ 5721. Purpose (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 supe…

§ 5722. Definitions As used in this chapter, unless the context clearly requires a different construction: (1) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct. (2) “Commissioner” means…

§ 5723. 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 …

§ 5724. Powers and duties (a) The Commission shall have the following powers and duties: (1) To provide for dispute resolution among compacting states. (2) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and eff…

§ 5725. Organization and operation (a) Bylaws. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the …

§ 5726. Rulemaking (a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact. (b) Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted under it…

§ 5727. Oversight; enforcement; dispute resolution (a) Oversight. (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 adminis…

§ 5728. Finance (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 cov…

§ 5729. State council Each member state shall create a State Council for Interstate Juvenile Supervision. Each state may determine the membership of its own state council, provided that its membership must include at least one representative from the legislative, judicial, and ex…

§ 5730. Compacting states; effective date; amendment (a) Any state as defined in subdivision 5722(12) of this title is eligible to become a compacting state. (b) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 o…

§ 5731. Withdrawal; default; termination; judicial enforcement (a) Withdrawal. (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…

§ 5732. Severability; 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…

§ 5733. Binding effect; other laws (a) Other laws. (1) Nothing in this chapter prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact. (2) All compacting states’ laws other than state Constitutions and other interstate compacts …

§ 5901. Purpose [Contingently enacted] The purpose of this Interstate Compact for the Placement of Children is to: (1) provide a process through which children subject to this Compact are placed in safe and suitable homes in a timely manner; (2) facilitate ongoing supervision of …

§ 5902. Definitions [Contingently enacted] As used in this chapter: (1) “Approved placement” means the public child placing agency in the receiving state has determined that the placement is both safe and suitable for the child. (2) “Assessment” means an evaluation of a prospecti…

§ 5903. Applicability [Contingently enacted] (a) Except as otherwise provided in subsection (b) of this section, this Compact shall apply to: (1) the interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that th…

§ 5904. Jurisdiction [Contingently enacted] (a) Except as provided in subsection (h) of this section and subdivisions 5905(b)(2) and (3) of this title, paragraphs two and three concerning private and independent adoptions, and in interstate placements in which the public child pl…

§ 5905. Placement evaluation [Contingently enacted] (a) Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child placing agency shall provide a written request for assessment to the receiving state. (b) For placements by a priv…

§ 5906. Placement authority [Contingently enacted] (a) Except as otherwise provided in this Compact, no child subject to this Compact shall be placed into a receiving state until approval for such placement is obtained. (b) If the public child placing agency in the receiving stat…

§ 5907. Placing agency responsibility [Contingently enacted] (a) For the interstate placement of a child made by a public child placing agency or state court: (1) The public child placing agency in the sending state shall have financial responsibility for: (A) the ongoing support…

§ 5908. Interstate Commission for the Placement of Children [Contingently enacted] The member states hereby establish, by way of this Compact, a commission known as the “Interstate Commission for the Placement of Children.” The activities of the Interstate Commission are the form…

§ 5909. Powers and duties of the Interstate Commission [Contingently enacted] The Interstate Commission shall have the following powers: (1) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this Compact. (2) To pro…

§ 5910. Organization and operation of the Interstate Commission [Contingently enacted] (a) Bylaws. (1) Within 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt bylaws to govern its conduct as may be necessary or appropriate to carry ou…

§ 5911. Rulemaking functions of the Interstate Commission [Contingently enacted] (a) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the Compact. (b) Rulemaking shall occur pursuant to the criteria set f…

§ 5912. Oversight; dispute resolution; enforcement [Contingently enacted] (a) Oversight. (1) The Interstate Commission shall oversee the administration and operation of the Compact. (2) The executive, legislative, and judicial branches of state government in each member state sha…

§ 5913. Financing of the Commission [Contingently enacted] (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 may levy on and collect an annual a…

§ 5914. Member states; effective date and amendment [Contingently enacted] (a) Any state is eligible to become a member state. (b) The Compact shall become effective and binding upon legislative enactment of the Compact into law by no fewer than 35 states. The effective date shal…

§ 5915. Withdrawal and dissolution [Contingently enacted] (a) Withdrawal. (1) Once effective, the Compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the Compact specifically repealing the statute tha…

§ 5916. Severability and construction [Contingently enacted] (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 …

§ 5917. Binding effect of compact and other laws [Contingently enacted] (a) Other laws. Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with this Compact. (b) Binding effect of the Compact. (1) All lawful actions of the Intersta…

§ 5918. Indian tribes [Contingently enacted] Notwithstanding any other provision in this Compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the Compact to achieve any or all of the purposes of the Compact as specified in section 5901 o…

§ 5921. Financial responsibility [Contingently enacted] Financial responsibility for any child placed pursuant to the provisions of the Interstate Compact for the Placement of Children shall be determined in accordance with the provisions of section 5907 of this title. However, i…

§ 5922. Agency [Contingently enacted] This State’s “government child welfare agency or child protection agency,” “public child placing agency,” and “central state compact office” is the Department for Children and Families. (Contingently added 2021, No. 101 (Adj. Sess.), § 2.)

§ 5923. Agreements [Contingently enacted] The officers and agencies of this State 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 the Interstate Compact for the Placemen…