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      CHC 1634     


Art. 1634.  Oversight, dispute resolution, enforcement

NOTE:  Art. 1634 enacted by Acts 2010, No. 893, §1, eff. when the 35th state enacts the Interstate Compact for the Placement of Children.

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 shall enforce the compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.

(3)  All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact.

(4)  The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings.  Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to the Interstate Commission, the compact, its bylaws or rules of the Interstate Commission.

B.  Dispute resolution:

(1)  The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.

(2)  The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states. The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.

C.  Enforcement:

(1)  If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under the compact, its bylaws or rules, the Interstate Commission may take any of the following actions:

(a)  Provide remedial training and specific technical assistance.

(b)  Provide written notice to the defaulting state and other member states, of the nature of the default and the means of curing the default. The Interstate Commission shall specify the conditions by which the defaulting state shall cure its default.

(c)  By majority vote of the members, initiate against a defaulting member state legal action in the United State 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 principal office, to enforce compliance with the provisions of the compact, its bylaws or rules.  The relief sought may include both injunctive relief and damages.  In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney fees.

(d)  Avail itself of any other remedies available under state law or the regulation of official or professional conduct.

Acts 2010, No. 893, §1.

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